[Adopted 12-4-2000 by Ord. No. 633]
The following words, terms and phrases, when used in this article,
shall have the meanings given to them in this section, unless the
context clearly indicates otherwise. Words used in the present tense
include the future; the singular includes the plural; masculine shall
include the feminine gender. Use of the term "shall" indicates a mandate
and is not directory, "may" implies permissiveness.
OPEN AIR MARKET
An outdoor market for the retail sale of new or used merchandise,
produce or other farm products, whether operated by a single vendor
or composed of stalls, stands or spaces rented or otherwise provided
to vendors. The term does not include the outside display of merchandise
as an incidental part of retail activities regularly conducted from
a permanent building on sidewalks or other areas immediately adjacent
to, and upon the same lot as, such building. The term also does not
include merchandise sold at festivals or other special events, temporary
in duration, at which the display and sale of merchandise is incidental
to the primary cultural, informational or recreational activities
of such festival or special event.
[Added 6-16-2014 by Ord. No. 792]
PERSON
Any individual, partnership, corporation, firm, association,
institution, agency or any other legal entity whatsoever which is
recognized by law as being subject to the rights and duties of an
individual.
TEMPORARY BUSINESS
To engage in the vending, selling, canvassing, soliciting
or the taking of orders, either by sample or otherwise, for any and
all goods, wares, merchandise, products and/or commodities, from any
street, alley, sidewalk or other public place, or from any private
property, or from premises to premises, be they public and/or private,
within the Borough of Hellertown, on a transitory basis.
[Amended 9-17-2012 by Ord. No. 775]
Within the Borough, no person shall engage in any temporary
business without first having obtained from the Zoning Officer a license
to conduct such temporary business, provided that each license issued
pursuant to the terms of this article shall so be issued on an individual
basis to the person engaging in such business; every person shall
obtain a license, which shall be nontransferable, issued to him in
his name; and the license fee imposed hereunder shall be applicable
to each license as may be issued.
[Amended 9-17-2012 by Ord. No. 775]
A. For each such license issued hereunder, a fee in an amount to be
established, from time to time, by resolution of Borough Council hereby
is imposed, is due and payable to the Borough of Hellertown and shall
be so tendered to the Borough as a prior condition of issuance of
the license, provided that no license fee shall be imposed under this
article:
(1) To those such persons as are exempted from having to pay transient
retail business license fees pursuant to Article XXIX, § 2901
of the Borough Code, 53 P.S. § 47901 et seq., as amended.
(2) By those persons whose efforts are being made on behalf and for the
sole benefit of a recognized charitable, nonprofit and/or philanthropic
organization.
B. The amount of the licensee fee so imposed pursuant to this article
shall be established by the Hellertown Borough Council either by ordinance
or resolution and may be changed, from time to time, as the Council
sees fit.
[Amended 9-17-2012 by Ord. No. 775; 6-16-2014 by Ord. No. 792]
Every person desiring to obtain a license pursuant to this article
first shall make application for same to the Hellertown Zoning Officer,
upon forms provided by the Officer for those purposes. Pursuant to
measures adopted by the Hellertown Borough Council, any organization,
group or individual desiring to hold a special event and/or open air
market which is to occur wholly or in part upon private property is
required to fully execute and submit this permit application to the
Borough of Hellertown no later than 30 days in advance of the proposed
date (or initial date, if it is a multiday event) of said event. If
such person also shall be required to obtain a license or permit from
any other governmental regulatory agency, upon making application
for a license to the Officer, he shall evidence such other required
license(s) and/or permit(s), provided, further, the applicant shall
give his name and home address; the location address of the event;
the zoning district in which the event will be held; the name and
address of the person by whom he is employed or which he represents;
the type of goods, wares, merchandise in which he proposes to deal;
the name and address of each person who shall be additional employees
of the temporary enterprise to be conducted in the Borough; the identification,
to include make, model and license/tag number of every vehicle that
is to be used in the conduct of the temporary business; and the full
license fee as may be imposed pursuant to the terms of this article.
[Amended 9-17-2012 by Ord. No. 775; 6-16-2014 by Ord. No. 792]
Upon receipt of an application for a temporary business license, the Officer shall not issue any such license until such time as an investigation regarding the applicant and the representatives contained in the application has been conducted. The Officer shall complete such investigation within three consecutive business days of the receipt of a complete, acceptable application. Following such investigation, the Officer may refuse to issue a license in those instances where the investigation shall disclose a false or misleading statement, information or representation by the applicant and/or upon the submitted application and/or for any other reasonable and just cause, including but not limited to failure to comply with the requirements of Chapter
140. In those instances when a license is denied, the fee shall be retained by the Borough as reimbursement for the costs incurred relative to the conduct of the investigation.
Every person so issued a license pursuant to the terms of this
article shall maintain such license upon his person or shall display
the same upon any and all vehicles as may be engaged in the temporary
business if the same shall be conducted from premises to premises,
or from any of the streets, alleys, sidewalks or other public places
of the Borough, or he shall display such license at the place where
such temporary business is being conducted, if doing so from a single
location. Every licensee shall exhibit his license, upon request,
to all police officers, Borough officials and/or citizens.
[Amended 9-17-2012 by Ord. No. 775]
The Zoning Officer is authorized to suspend or revoke any license
issued hereunder when it is deemed that such action would be in the
best interests of the public health, safety or morals, or for giving
any false or misleading statement, information or representation upon
any application for such license. An appeal from any license suspension
or revocation may be made, in writing, to the Borough Council, the
same to be filed with the Borough Manager or his designee within 10
days of the suspension or revocation action. No part of a license
fee shall be refunded to a person whose license shall have been suspended
or revoked.
[Amended 6-16-2014 by Ord. No. 792]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this article continues or each
section of this article which shall be found to have been violated
shall constitute a separate offense.
[Adopted 1-19-2004 by Ord. No. 659]
The fees for the initial registration and for the reregistration
shall be established by a motion approved by a majority of the Council
of the Borough of Hellertown and shall remain in effect until changed
by the same procedure as aforementioned.