No person shall engage in any transient retail business within
the Borough of Girard without first having obtained from the Borough
Secretary a license, for which a fee as set from time to time by resolution
of the Borough Council, which shall be for the use of the Borough,
shall be charged, provided that no license fee shall be charged under
this section to farmers selling their own produce; for the sale of
goods, wares and merchandise donated by the owners thereof, the proceeds
whereof are to be applied to any charitable or philanthropic purpose;
or to any manufacturer or producer in the sale of bread and bakery
products, meat and meat products or milk or milk products, but all
persons exempted hereby from the payment of the license fee shall
be required to register with the Borough Secretary and obtain a license
without fee; provided further that any person dealing in one or more
of the above-mentioned exempted categories, and dealing with other
goods, wares or merchandise not so exempted, shall be subject to the
payment of the license fee fixed by this section for his activities
in connection with the sale of goods, wares and merchandise not in
such exempted categories; provided further that the Secretary may
similarly exempt from payment of the license fee, but not from registering
with him, persons working without compensation and selling goods,
wares or merchandise for the sole benefit of any nonprofit corporation;
and provided further that every license issued under the provisions
of this chapter shall be issued on an individual basis to persons
engaging in such business, every individual shall obtain a separate
license, issued to him in his name, and the license fee hereby imposed
shall be applicable to every such individual license.
Every person desiring a license under this chapter shall first
make application to the Secretary for such license. If such person
shall also be required to obtain a license from any state or county
officer, he shall, when making such application, exhibit a valid license
from such state or county officer. The applicant shall give his name
and address; his criminal record, if any; the name and address of
the person by whom he is employed; the type of goods, wares and merchandise
he wishes to deal with in such transient retail business; the length
of time for which such license is to be issued; and the type and license
number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Secretary, if he shall find such application in order, shall issue
the license required under this chapter. Such license shall contain
the information required to be given on the application therefor.
Every license holder shall carry such license upon his person, if
engaged in a transient retail business from house to house or upon
any of the streets, alleys, sidewalks or public grounds, or shall
display such license at the location where he shall engage in such
business if doing so at a fixed location. He shall exhibit such license,
upon request, to all police officers, Borough officials, and citizens
or residents of the Borough.
No person engaged in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license;
B. Hawk his wares upon any of the streets, alleys, sidewalks or public
grounds in the Borough;
C. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity;
D. Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any carton, wrapping material
or of any stock or wares or foodstuffs which have become unsalable
through handling, age or otherwise;
E. Engage in any business activity prohibited in the Borough of Girard
by general or special law applicable thereto;
F. Engage in any house-to-house activity, except by prior appointment,
at any time on a Sunday or legal holiday or at any time except between
9:00 a.m. and 5:00 p.m. any day of the week, other than a Sunday or
legal holiday.
The Secretary shall supervise the activities of all persons
holding licenses under this chapter. He shall keep a record of all
licenses issued hereunder and shall make a report thereof to the Borough
Council upon request.
The Mayor is hereby authorized to suspend or revoke any license
issued under this chapter when he deems such suspension to be beneficial
to the public health, safety or morals, or for violation of any of
the provisions of this chapter, or for giving false information upon
any application for a license hereunder. Appeals from any suspension
or revocation may be made to the Borough Council at any time within
10 days after such suspension or revocation. No part of a license
fee shall be refunded to any person whose license shall have been
suspended or revoked.
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
chapter. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.