[Adopted 4-30-1993 by Ord. No. 114 (Ch. 13, Part 2, of the
1984 Code of Ordinances); amended in its entirety 12-7-2011 by Ord. No.
2011-6]
[Amended 12-1-2021 by Ord. No. 2021-1]
Any person, as defined herein, that does not have a permanent
or temporary fixed office or place of business within the Borough
shall be presumed to be a transient retail business regardless of
any representations to the contrary.
Every person desiring a license under this article shall first
make application to the Borough Secretary on a form prescribed by
the Borough. The applicant shall give his name and address; the name
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.
[Amended 12-1-2021 by Ord. No. 2021-1]
Upon receipt of such application and the prescribed fee, the
Borough Secretary shall issue the license required under this article,
provided the application is found to be in order. Such license shall
contain the information required to be given on the application therefor.
No license shall be issued for a period of more than six months. 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. He shall exhibit
such license, upon request, to all police officers, Borough officials
and citizens and residents of the Borough.
The Borough Secretary is hereby authorized to suspend any license
issued under this article when he shall deem such suspension to be
beneficial to the public health, safety or morals or for violation
of any of the provisions of this article or for giving false information
upon any application for a license hereunder. Appeals from any such
suspension may be made to the Borough Council at any time within 10
days after such suspension. No part of a license fee shall be returned
to any person whose license shall have been suspended.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article
shall be subject to a summary criminal proceeding before the Magisterial
District Justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation, a fine of not less than $450 nor more than $1,000, plus
costs of prosecution, including court costs and reasonable attorney
fees incurred by the Borough to prosecute the violation, shall be
imposed, and such person may be subject to imprisonment of up to 15
days in the event such fines and costs are unpaid. Each day that such
violation(s) continues shall be a separate violation of this article.