[Ord. 680, 12/28/1998]
No person shall engage in any transient retail business within
the Borough without first having obtained from the Borough Secretary
a license, for which a fee, which shall be for the use of the Borough
Secretary, shall be charged, said fee to be in such amount established,
from time to time, by resolution of the Borough Council.
[Ord. 680, 12/28/1998]
Every person desiring a license under this Part shall first
make application to the Borough Secretary for such license. He shall,
when making such application, exhibit a valid license from any State
or county officer, if such license is also required. The applicant
shall state:
A. His criminal record, if any.
B. Name and address of the person by whom he is employed.
C. Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business.
D. Length of time for which license is to be issued.
E. Type and license number of the vehicle to be used, if any.
[Ord. 680, 12/28/1998]
Upon receipt of such application and the prescribed fee, the
Borough Secretary, if he shall find such application in order, shall
issue the license required under this Part. 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 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, municipal officials, and citizens
or residents of the Borough.
[Ord. 680, 12/28/1998]
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license.
B. Hawk or cry 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 or working in the immediate
vicinity.
D. Park a 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 stock, wares or foodstuffs which have become unsalable through
handling, age or otherwise.
E. Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before 9:00 a.m.
or after 9:00 p.m. on any day of the week other than a Sunday or legal
holiday.
[Ord. 680, 12/28/1998]
The Borough Secretary shall supervise the activities of all
persons holding licenses under this Part. He shall keep a record of
all licenses issued hereunder and shall make a report thereof each
month to the Borough Council.
[Ord. 680, 12/28/1998]
The Borough Secretary is hereby authorized to deny, suspend
or revoke any license issued under this Part when he deems such denial,
suspension or revocation to be beneficial to the public health, safety
or morals or for violation of any provision of this Part or for giving
false information upon any a application for a license hereunder.
Appeals from any suspension, revocation or denial of a license may
be made to the Borough Council at any time within 10 days after such
suspension, revocation or denial and a hearing shall be held within
30 days of the petition for appeal. No part of a license fee shall
be refunded to any person whose license shall have been suspended
or revoked.
[Ord. 680, 12/28/1998]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.