[HISTORY: Adopted by the Borough Council of the Borough of Northampton as indicated in article histories. Amendments noted where applicable.]
Streets and sidewalks — See Ch. 210.
[Adopted 7-18-1974 by Ord. No. 875 (Ch. 13, Part 2, of the 1993 Code of Ordinances)]
Definitions. As used in this article, the following terms shall have the meanings indicated:
- Any natural person, partnership, association, firm or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
- (1) Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground, or from house to house, within the Borough of Northampton.
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within the Borough, on a temporary basis, which shall include, but shall not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for or in advance of specific yearly holidays.
Interpretation. In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 7-15-1993 by Ord. No. 1048]
No person shall engage in any transient retail business within the Borough of Northampton without first having obtained from the Chief of Police or his agent, a license, for which a fee, as established by resolution of Borough Council, shall be charged. Provided; 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;
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 Chief of Police and obtain a license without fee.
Provided further, 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, the Chief of Police 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.
Every person desiring a license under this article shall first make application to the Chief of Police 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 Chief of Police, if he shall find such application in order, shall issue the license required under this article. 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:
Sell any product or type of product not mentioned in his license.
Hawk his wares upon any of the streets, alleys, sidewalks or public grounds in the Borough.
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.
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.
Engage in any business activity prohibited in the Borough of Northampton by general or special law applicable thereto.
The Chief of Police shall supervise the activities of all persons holding licenses under this article, and he shall keep a record of all licenses issued hereunder, and shall make a report thereof each month to the Borough Council.
The Chief of Police is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation 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 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.
[Amended 7-15-1993 by Ord. No. 1048]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.