For the purpose of the article, the following terms, phrases,
words and their derivation shall have the following meanings:
MARKET HOUSES OR PLACES
A place where commodities are sold by persons to the general
public from spaces or stalls, which spaces or stalls are not permanently
installed and to which an occupant thereof does not have exclusive
right to possession of the ground covered by it.
OCCUPIERS
Those persons, partnerships, corporations, associations or
any other entities who have the right to sell their commodities from
a space or stall at a market house or place.
OPERATORS
Those persons, partnerships, corporations, associations or
any other entities who provide or obtain spaces or stalls for occupiers
and charge such occupiers for such occupiers' use of such spaces
or stalls.
There is hereby imposed an annual license tax on each operator
of a market house or place situate in the Township of Shaler, which
tax shall be paid annually on or before the commencement of operation
of the same for each year said market house or place is in operation,
said license tax being payable at the office of the Secretary of the
Township of Shaler, 300 Wetzel Road, Glenshaw, Pennsylvania.
Such license tax shall be based upon the number of spaces or
stalls comprising such market house or place and the number of days
per year such market house or place is open for business to the general
public. Such annual license fee shall be set by resolution of the
Board of Commissioners for each such market house or place situate
in the Township of Shaler. All operators shall be required to maintain
accurate records of such days of operation and such number of stalls
or places.
From and after the effective date of this article, it shall
be unlawful for any operator to conduct a market house or place situate
in the Township of Shaler without having first paid the license tax
as provided by this article.
No operator shall permit any occupier of a market house or place
for which such operator is the licensee to sell, nor shall any occupier
sell, any prepared foods or beverage without such occupier first having
obtained any and all necessary permits from all governmental agencies
relating to the sale of the same.
No operator shall permit the occupation of, nor shall any occupier
occupy, any portion of any sidewalk in the operation of such market
house or place for which such operator is the licensee.
No operator shall permit the premises upon which a market house
or place of which he is the licensee to be used in such a manner as
to block fire lanes.
The operator of any market house or place, as a condition of
obtaining a license to operate the same, shall submit a plan or drawing
showing the area of the same which is to be used for selling and the
area reserved for the parking of motor vehicles. Such plan or drawing
additionally shall be annotated to indicate the required fire lane
or lanes. Any deviation from such plan or drawing shall be a violation
of this article and grounds for termination of the operator's
license.
[Amended 11-15-1988 by Ord. No. 1631]
Any person, partnership, corporation or association or any other
entity who violates this article shall be subject to a fine of not
less than $50 nor more than $600, plus the cost of proceedings, the
same to be collected in the name of the Township of Shaler by civil
proceedings, or, in default of payment of the fine and costs, shall
be committed to the Allegheny County Jail for a period not to exceed
90 days.