Hereafter every person, whether principal or agent, not engaged in a permanent business in the Borough of Mahanoy City but entering into, beginning or desiring to begin a transient retail or wholesale business in said Borough of Mahanoy City for the sale of any goods, wares or merchandise whatsoever, whether the same shall be represented or held forth to be bankrupt, assigned or about to quit business, or of goods damaged by fire, water or otherwise, or by any attractive or conspicuous advertisement whatsoever, shall first take out a license authorizing such person so to do, which said license shall be granted and issued by the Mayor of the Borough of Mahanoy City upon the terms and conditions provided for in §
174-2.
[Amended 5-5-1981 by Ord. No. 81-3]
The license fee for transient retail or wholesale merchants
shall be $25 per month or the fractional part thereof, and the license
shall be granted and issued by the Mayor aforesaid to the person or
persons applying for the same and upon the production by him or them
of a receipt showing that he has paid the said sum of $25 into the
Borough treasury. This license shall be valid for the period of one
month from the date of its issue and for the place or stand designated
or named in said license, said license to be renewed monthly during
the continuance of said sales.
[Amended 5-5-1981 by Ord. No. 81-3; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Schuylkill County.