Any person who shall engage in the sale of goods, wares or merchandise
for a temporary period or who disposes of a particular stock without
the intention of replenishing the same and continuing permanently
and continuously in business in the Borough shall be deemed as engaged
in a transient retail business within the meaning of this article.
Every person entering into, beginning or desiring to conduct
a transient retail business in the Borough for the sale of goods,
wares or merchandise whatsoever, who hires, occupies or uses any room,
apartment, store, shop, building or other place or structure for the
exhibition and sale of such goods, wares or merchandise, shall, before
doing any business, take out a license for the same from the Borough.
Nothing contained in this article shall apply to residents of the
Borough selling their own private household goods and effects; to
garage sales, neighborhood sales or similar casual sales of tangible
personal property; to any sale of goods, wares or merchandise donated
by the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose; to a garageman or other person
to protect a lien for storage charges or work performed pursuant to
the laws of the commonwealth; to farmers selling their own produce;
or to any manufacturer or producer in the sale of bread and bakery
products, meat and meat products or milk or milk products, provided
that the term "milk or milk products" shall not include or apply to
ice cream or other frozen desserts; provided, further, that any transient
retail business dealing in one or more of the excepted categories
and selling other goods, wares and merchandise not excepted shall
be subject to the license fee fixed by this article for its activities
in connection with the sale of goods, wares and merchandise not in
any of the excepted categories.
The license required by this article for transient retail businesses
shall be issued and renewed monthly and shall contain an accurate
description, designation and address of the premises where the business
is to be conducted and shall be confined to the premises thus designated.
[Amended 8-1-1994 by Ord. No.
1433]
The amount of the license fee to conduct a transient retail business in the Borough as set out in §§
155-1 and
155-2 of this article shall be as set forth from time to time by resolution of the Borough Council. Such license fee shall be paid in advance to the Borough Manager.