[Adopted 6-12-2014 by Ord. No. 2014-2]
No person shall engage in any transient retail business within
the Borough of Jim Thorpe without first having obtained from the Borough
a permit for which a fee shall be charged. The fee charged shall be
in that amount established from time to time by resolution of the
Borough Council and shall be paid at the time the application is filed.
Upon receipt of such application and the prescribed fee, the
Borough Secretary, if he or she shall find such application in order,
shall issue the permit required under this article. Such permit shall
contain the information required to be given on the application therefor.
The permit shall further state that it is not valid unless accompanied
by a health license, food handling permit, etc., when such license
is required due to the nature of the transient retail business the
applicant will be conducting. The permit issued shall contain the
signature of the person to whom the permit is issued, and the Borough
Seal shall be affixed to such permit. Every permit holder shall carry
such permit 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 permit at the location where
he shall engage in such business if doing so at a fixed location.
The permit, although required for special events, does not authorize
its use within the boundaries of a special event. Such authorization
resides with the event organizers.
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his permit;
B. Hawk or cry his wares upon any of the streets, alleys, sidewalks,
or public grounds in the Borough of Jim Thorpe;
C. At any time conduct such business on Race Street or the sidewalks
adjacent thereto;
D. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys within the Borough of Jim Thorpe for longer
than necessary, at the discretion of the enforcement officer, in order
to sell to persons residing or working in the immediate vicinity;
E. Park any vehicle upon any of the streets or alleys in the Borough
of Jim Thorpe 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;
F. Engage in any transient retail business, on a Sunday or legal holiday
or before 9:00 a.m. or after 7:00 p.m. on any other day of the week
unless operating from a fixed location.
G. Engage in any transient retail business from a fixed location, other
than from areas designated as being zoned commercial, Memorial Park,
Mauch Chunk Lake Park, public grounds and school grounds located in
the Borough of Jim Thorpe. Garage sales are excluded from this requirement;
H. If engaged in transient business from a fixed location, permit the
area within a ten-foot radius from the fixed location where his business
is conducted to become littered. Such person shall be responsible
for the ongoing cleanup of such area throughout the day.
The Code Enforcement Officer or his designee shall supervise
the activities of all persons holding permits under this article.
A record of all permits issued shall be kept at the Jim Thorpe Borough
Office.
The Code Enforcement Officer or his designee is hereby authorized
to suspend or revoke any permit issued under this article for violation
of any provisions of this article or for giving false information
upon any application for a permit hereunder. Appeals from any suspension
or revocation may be made to the Jim Thorpe Borough Council at any
time within 10 days after such suspension or revocation. No part of
a permit fee shall be refunded to any person whose permit shall have
been suspended or revoked.
Any person, firm or corporation who shall violate the provisions
of this article shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and costs of prosecution, and, in default
of payment of said fines and costs, to imprisonment not exceeding
three days. Each day that a violation of this chapter continues shall
constitute a separate offense.
Any person desiring to apply for a special event or special
use permit shall do so by filing a written application with the Borough
Secretary at least 60 days prior to the proposed special event or
use. The application shall be made on forms provided by the Borough
and shall include, at a minimum, the following information:
A. The name, address, and telephone number (if an individual) of the
applicant (event coordinator).
B. A full and complete description of the proposed special event or
use with the specific date, time, and duration of such special event.
C. The proposed location of the special event or use with dimensions
and plans for any structure (including tents) to be erected, constructed,
or placed temporarily in connection with the special event.
D. A statement indicating if the use of any Borough street, right-of-way
or lands will be required during the special event or use, and if
so, the locations and dimensions of the proposed use, together with
a statement as to the dimensions of the remaining unobstructed Borough
street, right-of-way or land with necessary detours and traffic control
plans.
E. An estimate of the number of persons who are expected to attend the
special event.
F. Such other and additional information as the Borough Secretary may
require to determine whether the application meets all requirements
for permit issuance, including, but not limited to:
(1) A transient retail merchant or solicitation license application;
(2) A parade/road closing application, if applicable, for approval by
the Borough Council and the Pennsylvania Department of Transportation;
(3) A Fire Code permit application, if applicable, for outdoor fireworks,
temporary tents, canopies, air-supported membrane structures, cooking
facilities, etc., for approval by the Fire Chief;
(4) A special emergency services agreement, if applicable, to reimburse
the Borough for police, fire and ambulance services.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section or part of this ordinance is
for any reason found to be unconstitutional, illegal, or invalid,
such unconstitutionality, illegality or invalidity shall not affect
or impair any of the remaining provisions, sentences, clauses, sections
or parts of this ordinance. It is hereby declared as the intent of
the Borough of Jim Thorpe that the ordinance would have been adopted
had such unconstitutional, illegal or invalid sentence, clause, section
or part thereof not been included herein.
This ordinance shall take effect five days after enactment.