As used in this Article, the following terms shall have the
meanings indicated:
A person who goes from place to place or from house to house,
traveling on the public streets by vehicle or otherwise, and carries
with him, whether with or without other products, ice cream, ice cream
products, water ices or frozen confectionery products of any kind
or character, for the purpose of selling or offering to sell them
to customers.
No person shall engage in the business of peddling ice cream,
ice cream products, water ices or frozen confectionery products of
any kind or character form vehicles or otherwise in the borough without
first obtaining a license therefor pursuant to the provisions of this
Article.
A.
Any person desiring a license to engage in business under this Article
shall apply to the Borough Clerk in writing on forms supplied by the
borough for that purpose and verified by such person. The application
shall be accompanied by the license fee and shall set forth the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the vehicle, if any, as registered
with the Motor Vehicle Department.
(3)
A description of the vehicle to be licensed, if any, giving the name
of the manufacturer, serial number, motor number and the name of the
owner or operator, with any other insignia appearing thereon.
(4)
If the applicant is not the owner of the vehicle to be licensed,
the application shall state what interest the applicant has in the
ownership or operation of such vehicle.
(5)
The names and addresses of persons from whom ice cream, ice cream
products, water ices or such frozen confectionery products have been
or will be purchased.
(6)
Three business references.
(7)
All permanent home addresses of the applicant within the last three
years.
(8)
The name and address of the salesman or operator upon the vehicle,
if any.
(9)
Whether or not the applicant has been convicted of a crime or misdemeanor
or violation of any municipal ordinance, and the nature of the offense,
if any, for which convicted and the date and place of conviction.
B.
Where the applicant is a fine or corporation, all subsections of
this section shall be applicable to each officer of the corporation
and members of a partnership.
Anyone desiring a license as salesman upon or from any vehicle under this Article shall apply in writing to the Borough Clerk on the same forms described in § 81-3A. The applicant shall set forth the same information required in § 81-3A(1), (6), (7) and (9). The application shall be accompanied by the prescribed license fee and two photographs of the applicant not less than four by six (4 x 6) inches in size.
A separate license required by this Article shall be obtained
by a peddler and every agent or representative working for him.
[Added 5-18-94 by Ord. No. 7-94]
A.
A license fee for a vehicle under this article shall entitle the
licensee of the vehicle to one salesman's license without additional
charge;
B.
License fees applicable to vehicles shall be the sum of $250 per
annum;
C.
License fee applicable to salesman licenses shall be the sum of $250
per year.
D.
All license fees imposed by this section are for the purposes of
licensing, regulating, controlling and screening businesses and business
endeavors and practices defined in this article.
Upon the filing of an application for a license under this Article
with the Borough Council, an investigation shall be made concerning
the facts therein set forth. Upon the approval of the application
and upon payment of the prescribed fee to the Borough Clerk, the license
shall be issued. The license issued shall not authorize any person,
except the designated person named in the license, to engage in business
thereunder and shall not be transferable from the person to whom issued
to any other person.
Licenses issued under this Article shall be good only for the
year in which they are issued and shall be effective from the first
day of May in each year. Any licensee applying for or obtaining a
license after the first day of May in any year shall pay the license
fee for the full year.
Upon the issuance of a license under this Article, the Borough
Clerk shall furnish the license with a plate, badge or other evidence
bearing a number corresponding to the number of the license and the
year in which it was granted. The plate, badge or other evidence shall
be displayed at all times in a conspicuous part of the vehicle, if
any, used by the licensee in the conduct of his business and, if no
vehicle is used, shall be carried by him and exhibited on demand of
any citizen of the borough or member of the Police Department.
In addition to any other penalties provided by this chapter,
any license issued under this Article may be revoked, after notice
and hearing by the Borough Council for any misstatement in the application
or for any violation of this Article; or a license may be suspended
for a period not exceeding 30 days. Should any license be revoked
or suspended, no part of the license fee shall be returned.
No person engaged in the business of selling, or offering to
sell ice cream, ice cream products, water ices or frozen confectionery
products shall park any vehicle within the lines of any public street,
road or other public place for the purpose of engaging in such business
for a period longer than 15 minutes, and then only while making actual
sales.
Vehicles regulated by this Article shall be parked adjacent
to the right-hand curbline in order to ensure safety of customers.
No such vehicle used for conducting such business shall be parked
within 500 feet of any school or school property or within 500 feet
of a retail store selling similar products.
It shall be unlawful for a licensee under this Article to make
any sales to persons standing in the street, around or in the area
of his vehicle. All sales shall be made on the sidewalk adjacent to
the vehicle, and if prospective customers are standing in the street
area, the peddler shall discontinue selling until the persons standing
in the street have moved to the sidewalks.
No person engaged in the business of selling or offering to
sell ice cream products, water ices or frozen confectionery products
shall deposit or leave any paper wrappings, refuse or other materials
upon any street, sidewalk or public place. Each vehicle used for conducting
such business shall be equipped with a metal waste container, having
a self-closing lid, into which such paper wrappings, refuse or other
materials shall be deposited.
[Added 5-18-94 by Ord. No. 79-4]
No person or operator of a vehicle engaged in the businesses
described herein, nor any salesman contemplated herein, shall conduct
such business endeavors except between the hours of 10:00 a.m. and
5:00 p.m. and 6:00 p.m. and 9:00 p.m., prevailing time.
