[Adopted 8-19-1985 by Ord. No. 856; amended in its entirety 6-15-2015 by Ord. No. 1053]
Every person desiring a license under this article shall first
make application to the Police Department 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 previous criminal record, if any; the
name 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 of vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Police Department, if it 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, 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 persons engaged in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license;
B. Hawk or cry his or her wares upon any street, alley, sidewalk or
public grounds in the Borough;
C. When selling 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 and merchandise or of disposing of any cartons, wrapping material
or of any stock or wares of foodstuffs which have become unsalable
through the handling, age or otherwise;
E. Persist in speaking with a resident that does not wish to speak with
that person (solicitor).
The Police Department shall supervise the activities of all
persons holding licenses under this article, and it shall keep a record
of all licenses issued hereunder, and shall make a report thereof
each month to the Borough Council.
Any person who has obtained the aforementioned license shall
be entitled to all the rights and privileges granted in accordance
with this license and that of this article itself. However, let it
be known that all such rights and privileges shall only be applicable
between the hours of 10:00 a.m. through 6:00 p.m. on Monday through
Friday and may not be exercised before or after said hour on weekends
and/or holidays.
Any person who shall violate any of the provisions of this article
shall, for every such violation, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and costs of prosecution and,
in default of payment of such fine and costs, to imprisonment for
not more than 30 days; provided, however, that each day's violation
of any of the provisions of this article shall constitute a separate
violation.
Any properly licensed business which meets the definition of "mobile food vendor" shall be exempt from the following section of this article: §
152-8.
Properly licensed mobile food vendors shall be subject to the
following time restrictions with respect to their activities: 8:00
a.m. through 8:00 p.m.