The following words, when used in Part
2 of this chapter, shall have the meanings ascribed to them in this section unless the context clearly indicates a different meaning:
BROKER
Any mercantile broker, factor or commission merchant, but
shall not include any stockbroker, bill broker, note broker, exchange
broker, real estate broker or agent, or pawnbroker.
LICENSE YEAR
The six-month period beginning the first Monday of July 1959
and ending December 31, 1959.
PERSON
Any individual, partnership, limited partnership, association
or corporation.
PERSON, WHOLESALE DEALER, WHOLESALE VENDOR, RETAIL DEALER, RETAIL
VENDOR
Shall not include nonprofit corporations organized for religious,
charitable or educational purposes; any association organized for
such purposes; agencies of the government of the United States or
the Commonwealth of Pennsylvania, or any other persons vending or
disposing of articles of their own growth, production or manufacture
for shipment or delivery from the place of growth, production or manufacture
thereof.
PLACE OF AMUSEMENT
Any place indoors or outdoors where the general public or
a limited or selected number thereof may, upon the 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- and 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.
For the license year 1959, and annually thereafter, the Borough
shall issue mercantile licenses in the manner and for the fees hereinafter
set forth.
[Amended 12-21-1970 by Ord. No. 328; 2-12-1996 by Ord. No. 96-2; 2-21-2013 by Ord. No. 13-05]
Beginning in the license year 1971, 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 restaurant
or other place where food, drink or refreshment are sold or a place
of amusement in the Borough, whether or not the same be incidental
to some other business or occupation, and every broker shall, on or
before the first Monday of each license year, procure a mercantile
license for his place of business or, if more than one, for each of
his places of business in the Borough of Sharpsburg, from the Tax
Collector, who shall issue the same upon the payment of a fee of an
amount to be determined from time to time by resolution of Borough
Council for a wholesale or retail license or a broker's license and
a fee of an amount to be determined from time to time by resolution
of Borough Council for a wholesale and retail license for his place
of business or, if more than one, for each of his places of business
in the Borough for each license year. Such license shall be conspicuously
posted at the place of his business or each of the places of business
of every such person at all times.
[Amended 4-19-1983 by Ord. No. 433; 2-21-2013 by Ord. No. 13-05]
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 $1,000 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 or each section
of this part which shall be found to have been violated shall constitute
a separate offense.