[Adopted 8-15-1977 by Ord. No. 136]
No person shall engage in any transient retail business within
the Borough of Silverdale without first having obtained from the Mayor
a license, for which the following fee, which shall be for the use
of the Borough, shall be charged: $25 for one month or fraction thereof;
$200 for one year or fraction thereof, provided that:
A. No license fee shall be charged under this section
to farmers selling their own produce; or for the sale of goods, wares
and merchandise, donated by the owners thereof, the proceeds whereof
are to be applied to any charitable or philanthropic purpose; or to
any manufacturer or producer in the sale of bread and bakery products,
meat and meat products or milk or milk products; but all persons exempted
hereby from the payment of the license fee shall be required to register
with the Mayor and obtain a license without fee.
B. Any person dealing in one or more of the above-mentioned
exempted categories and dealing with other goods, wares or merchandise
not so exempted shall be subject to the payment of the license fee
fixed by this section for his activities in connection with the sale
of goods, wares and merchandise not in such exempted categories.
C. The Mayor may similarly exempt from payment of the
license fee, but not from registering with him, persons working without
compensation and selling goods, wares or merchandise for the sole
benefit of any nonprofit corporation.
D. Every license issued under the provisions of this
article shall be issued on an individual basis to persons engaging
in such business; every individual shall obtain a separate license,
issued to him in his name; and the license fee hereby imposed shall
be applicable to every such individual license.
Upon receipt of such application and the prescribed
fee, the Mayor, if he 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, or 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 person engaged in any transient retail business
shall:
A. Sell any product or type of product not mentioned
in his license;
B. Hawk his wares upon any of the streets, alleys, sidewalks
or public grounds in the Borough;
C. When operating 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 or merchandise or of disposing of any carton,
wrapping material or of any stock or wares or foodstuffs which have
become unsalable through handling, age or otherwise;
E. Engage in any business activity prohibited in the
Borough of Silverdale by general or special law applicable thereto;
F. Engage in any house-to-house activity, except by prior
appointment or for a charitable or philanthropic organization, at
any time on a Sunday or at any time before 9:00 a.m. or after 5:00
p.m. any day of the week other than a Sunday or legal holiday.
The policing authority shall supervise the activities
of all persons holding licenses under this article. It shall keep
a record of all licenses issued hereunder and shall make a report
thereof each month to the Borough Council.
The Mayor is hereby authorized to suspend or
revoke any license issued under this article when he deems such suspension
or revocation to be beneficial to the public health, safety or morals,
or for violation of any of the provisions of this article, or for
giving false information upon any application for a license hereunder.
No part of a license fee shall be refunded to any person whose license
shall have been suspended or revoked.
[Amended 9-8-1987 by Ord. No. 196]
Any person who shall violate any provision 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,
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each day's violation of any
of the provisions of this article shall constitute a separate offense.