[HISTORY: Adopted by the Borough Council of the Borough of
North Wales 6-20-1973 as Ord. No. 466. Amendments noted where
applicable.]
GENERAL REFERENCES
Business privilege license — See Ch. 102.
A.
PERSON
TRANSIENT RETAIL BUSINESS
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm or corporation.
Includes the following: engaging in peddling, canvassing,
soliciting or taking orders, either by sample or otherwise, for any
goods, wares or merchandise, upon any street, alley, sidewalk or public
ground or from house to house within the Borough of North Wales; and
selling, soliciting or taking orders for any goods, wares or merchandise
from a fixed location within the borough, on a temporary basis, which
shall include but shall not be limited to such activities conducted
at the time of special occasions or celebrations, for seasonal purposes
or for or in advance of specific yearly holidays.
B.
In this chapter, the singular shall include the plural, the plural
shall include the singular and the masculine shall include the feminine
and the neuter.
No person shall engage in any transient retail business within
the Borough of North Wales without first having obtained from the
Borough Manager a license for which a fee, as shall be set forth from
time to time by resolution of the Borough Council, which shall be
for the use of the borough. No license fee shall be charged under
this section to farmers selling their own produce; for the sale of
goods, wares or merchandise donated by the owner 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 and milk products; but all
persons exempt hereby from payment of the license fee shall be required
to register with the Borough Manager and to obtain a license without
fee. Any person dealing in one or more of the hereinabove-mentioned
exempted categories, and selling other goods, wares or merchandise
not so exempted, shall be subject to the payment of the license fee
fixed by this section for his activity in connection with the sale
of goods, wares or merchandise not in such exempted categories. The
Borough Manager may similarly exempt from payment of the license fee,
but not from registering with him, persons working without compensation
and selling goods, wares and merchandise for the sole benefit of any
nonprofit corporation. Every license issued under the provisions of
this chapter 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, and no such license
shall be transferable to any other individual.
Every person desiring a license under this chapter shall first
make application to the Borough Manager 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, address, sex, age and previous criminal record; the
name and address of his employer; a description of 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 make, model and registration number of the vehicle that he
uses.
Upon receipt of such application and the prescribed fee, the
Borough Manager, if he shall find such application in order, shall
issue the license required under this chapter. 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 street, alley, sidewalk or public ground in the borough or shall
display such license at the location where he shall engage in such
transient retail 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 or cry his wares upon any street, alley, sidewalk or public
ground in the borough.
C.
When selling from a vehicle, stop or park such vehicle upon any street
or alley 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 street or alley in the borough for the
purpose of sorting, rearranging or cleaning any of his goods, wares
or merchandise or of disposing of any cartons, wrapping material or
any stock or wares or foodstuffs which may have become unsalable through
handling, age or otherwise.
E.
Engage in such business at any time on Sunday or before 9:00 a.m.
or after 5:00 p.m. on any other day of the week.
The Borough Manager is hereby authorized to suspend or revoke
any license issued under this chapter when he shall deem such suspension
or revocation to be in the interest of the public health, safety,
morals or welfare or for violation of any provision of this chapter
or for giving false information upon any application for a license
hereunder. Appeals from any suspension or revocation may be made to
the Borough Council at any time within 10 days after such suspension
or revocation. No part of a license fee shall be refunded to any person
whose license shall have been suspended or revoked.
Any person who shall violate any provision of this chapter shall,
for each and 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. Each day's violation of any provision
of this chapter shall constitute a separate violation.
