[Adopted 7-18-1974 by Ord. No. 875 (Ch. 13, Part 2, of the
1993 Code of Ordinances)]
[Amended 7-15-1993 by Ord. No. 1048]
A. 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:
(1) To farmers selling their own produce;
(2) 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;
(3) 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.
B. 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:
A. Sell any product or type of product not mentioned in his license.
B. Hawk his wares upon any of the streets, alleys, sidewalks or public
grounds in the Borough.
C. 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.
D. 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.
E. 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.