[HISTORY: Adopted by the City Council of the City of Altoona 5-22-1996 by Ord. No.
5409. Amendments noted where applicable.]
The following words and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section unless the
context clearly indicates a different meaning:
The person authorized and empowered by the City Council to
collect the taxes imposed hereby and to enforce the provisions of
this chapter.
A location or event where individual vendors are organized
by one person for the purpose of display and/or sale of goods, merchandise,
or wares.
The twelve-month period corresponding to the fiscal year
of the City.
Any individual, partnership, limited partnership, association
or corporation.
Any place indoors or outdoors where the general public or
a limited or selected number thereof may, upon payment of an established
price, attend or engage in any amusement, entertainment, exhibition,
contest, recreation, including, among other places, theaters, opera
houses, motion-picture houses, amusement parks, stadia, arenas, baseball
or football parks or fields, skating rinks, circus or carnival tents
or grounds, fairgrounds, bowling alleys, billiard or pool rooms, shuffleboard
rooms, nine- or ten-pin alleys, riding academies, golf courses, bathing
and swimming places, dance halls, tennis courts, archery, rifle or
shotgun ranges and other like places. The term does not include any
exhibition, amusement, performance or contest conducted by a nonprofit
corporation or association organized for religious, charitable or
educational purposes.
Any person who is a dealer in or vendor of goods, wares and
merchandise who is not a wholesale dealer or vendor.
Any independent operation by any person of a business which
by its nature is designed and intended to be temporary.[1]
Any person who sells to dealers in or vendors of goods, wares
and merchandise and to no other persons.
[1]
Editor’s Note: The former definition of “Treasurer,”
which immediately followed this definition, was repealed 1-23-2013
by Ord. No. 5637.
Beginning in the year 1996 and annually thereafter, every person
desiring to continue to engage in or hereafter to begin to engage
in the business of wholesale or retail vendor or dealer in goods,
wares, or merchandise, and any person conducting a public eating and
drinking place or other place where food, drink or refreshments are
sold, or any place of amusement in the City shall, on or before the
first day of January of each license year, or prior to commencing
business in any such license year, or prior to conducting any festival,
procure a mercantile license for his/her place of business or, if
more than one, for each of his/her places of business in the City
for each license year, from the City's License Officer. Such license
shall be conspicuously posted at the place of business or each of
the places of business of every person at all times.
Nothing contained in the provisions of this chapter shall be
construed to apply to:
A.
Farmers selling their own produce.
B.
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.
C.
Any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
Any person desiring to conduct a wholesale or retail business in the City, at least 15 days prior to the time said applicant expects to open for business, shall file with the City's Finance Department an application, which shall state the name of the applicant, the street and number of the proposed place of business, the nature and character of the goods to be sold, what statements or representations are to be made and advertised as to the same, the length of time for which the license is desired and, in the case of a festival, a site plan of the festival accompanied by a list of vendors, and if previously engaged in like or similar businesses and where the same was conducted. Applicants wishing to exercise their options under § 453-3, Exceptions, must also supply with their application adequate information to document this status to the satisfaction of the officer.
Fees for licenses required by this chapter will be charged in
accordance with the fee schedule adopted by resolution of the Altoona
City Council and as amended from time to time.
Whoever being required under the provisions of this chapter
to procure a mercantile license and who fails or refuses to do so,
and whoever fails to keep his/her license conspicuously posted at
his/her place of business, shall be guilty of a summary offense punishable
by a fine of not less than $50 nor more than $1,000 or be imprisoned
for a period not exceeding 90 days, or both. Each day that a violation
continues will be deemed a separate offense.
