Borough of Moosic, PA
Lackawanna County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Moosic 8-8-1995 by Ord. No. 18-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 202.

§ 219-1 Intent; permit required.

As of the effective date, as hereinafter provided, it shall be unlawful for any person, firm or corporation to engage in the business of peddling, hawking, selling or soliciting for the sale of any types of goods, services, wares or merchandise, at any residence or along any street within the confines of the Borough of Moosic, or conduct any other type of temporary commercial activity without first having secured a temporary sales permit.

§ 219-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Moosic, Lackawanna County, Commonwealth of Pennsylvania, a municipal corporation of the Commonwealth of Pennsylvania, acting by and through its Council or, in appropriate cases, acting by and through its authorized representative.
PEDDLING, HAWKING, SELLING or SOLICITING
Any commercial activity conducted by any business or person in which goods, services, wares or merchandise is offered for sale or barter.
PERMANENT STRUCTURE
Any building or structure supported by columns or walls, used or intended to be used for the shelter of persons or property, and not capable of being moved or relocated, and not constructed to be used without a permanent foundation.
STREET
Includes any street, road, lane, court, alley, cul-de-sac, public way and public square, either for or intended for public use and/or travel and shall include the cartway, sidewalk, gutter, and/or right-of-way area, whether or not such street, or any part thereof, is owned in fee by others than the Borough, and whether the street is opened or unopened.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCE
The current Subdivision and Land Development Ordinance of the Borough of Moosic,[1] and amendments.
[2]
TEMPORARY COMMERCIAL ACTIVITY
Activity of peddling, hawking, selling or soliciting of/for the sale of any types of goods, services, wares or merchandise, at any residence or along any street within the confines of the Borough of Moosic, which shall be conducted on a temporary or seasonal basis, and is not conducted from a permanent structure; provided, however, that such use is not accessory to a permanently permitted business use.
ZONING ORDINANCE
The current Zoning Ordinance of the Borough of Moosic, Lackawanna County, Commonwealth of Pennsylvania,[3] and amendments.
[4]
[1]
Editor's Note: See Ch. 268, Subdivision and Land Development.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[3]
Editor's Note: See Ch. 300, Zoning.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 219-3 Application for permit.

Application for such a permit shall be submitted to the Borough Zoning Officer on a form approved by the Borough Council. Such permit shall state thereon the name and address of the applicant, the date submitted, the name and address of the applicant's principal or employer, if any, the specific type or types of merchandise to be sold or solicited, and shall be accompanied by the required permit fee.

§ 219-4 Background check required. [1]

All individuals engaged in or desiring to be engaged in peddling or other activities licensed under this chapter shall submit to a background check at their own expense.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 219-5 Permit fee.

The fee for such a permit shall be in the amount of $25 per person for each day of intended activity as described herein.

§ 219-6 Exceptions.

The provisions of this chapter shall not apply to any person, firm, organization, association or corporation selling or soliciting the sale of goods, wares, services or merchandise solely for charitable or nonprofit purposes, nor shall the provisions hereof apply to officers or employees of any municipal, state or federal government, or any subdivision or agency thereof, while on official business.

§ 219-7 License restrictions.

A. 
Duration. No license shall be issued to any applicant for the same retail sales activity for a period greater than 31 days at any one time.
B. 
Multiple licenses. A license may be issued to the same person for the same retail sales activity for a period of not more than 31 days upon the expiration of the previous license, and may continue to be so issued in thirty-one-day increments by the Borough Zoning Officer.
C. 
No person licensed under the chapter shall hawk, cry or advertise his/her wares, services, merchandise, or goods upon any street of the Borough, nor shall they use any loudspeaker or horn or any other device for announcing their presence, or advertising, by which they create a public nuisance.
D. 
No person licensed under this chapter shall engage in peddling, hawking, selling or soliciting during the following times:
(1) 
At any time on a legal holiday, or at any residence on Sunday.
(2) 
Before 10:00 a.m. or after 5:00 p.m. on Monday through Saturday at any residence within the Borough of Moosic.
(3) 
Before 7:00 a.m. or after 10:00 p.m. along the streets of the Borough of Moosic.
E. 
No person licensed under this chapter shall park any vehicle(s) upon any of the streets of the Borough of Moosic in order to sort, rearrange or clean any of his goods, wares or merchandise; nor shall any such person place or deposit any refuse upon any of such streets; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle(s) upon any street in the Borough longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
F. 
Any license issued pursuant to this chapter may be suspended or revoked where such action is deemed by the Borough Zoning Officer, Borough Council, or Mayor to be beneficial to the public health, safety or morals, or for violation of any of the provisions of this chapter, or for giving false and/or misleading information upon any application for a license hereunder.
G. 
Sales of food products.
[Added 8-11-2009 by Ord. No. 13-2009]
(1) 
Any person who sells or offers or exposes for sale any food product within the Borough of Moosic, in addition to the license restrictions under this chapter, will also be required to obtain a license pursuant to Title 35, Chapter 4, Public Eating and Drinking Places, 35 P.S. § 655.1 et seq. and will be subject to any and all requirements of said law.
(2) 
For any person who sells or offers or exposes for sale or has in his possession with the intent to sell any type of food product that may become contaminated or otherwise rendered unwholesome by contact with air, water or dust on the street, such foodstuff shall be properly enclosed in suitable cases, carts or wagons, to be approved by the Borough's Health Inspector.
(3) 
The provisions of this Subsection G shall not apply to any farmer who sells farm products sold directly by the producing farmers relative to said and persons, firms, organizations or corporations selling or soliciting for sale food or food products solely for charitable or nonprofit purposes.

§ 219-8 Compliance with other provisions.

A. 
Compliance with Zoning Ordinance requirements. Any such use which shall involve a structure, such as a temporary tent, shall show evidence of a zoning permit with any application for a temporary business license. Such uses shall only be licensed if they are to be located within a zone district where such business use is permitted.
B. 
Compliance with Subdivision and Land Development Ordinance. Any such use which shall involve a structure, such as a temporary tent, shall be considered as a land development and shall show evidence of compliance with the Subdivision and Land Development Ordinance of Moosic Borough.
C. 
Compliance with other Borough codes and ordinances. Any such use which shall involve a structure, such as a temporary tent, shall confirm with all other Borough codes and ordinances.

§ 219-9 Violations and penalties.

Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof, be fined not more than $600, plus costs of prosecution, for each such offense, and, in default of payment of such fine and costs, shall be imprisoned for a period of not more than 30 days, and each day that a violation occurs or continues shall be deemed a separate offense.

§ 219-10 Enforcement.

Any provision of this chapter may be enforced by the Borough Zoning Officer, Code Enforcement Officer, the Mayor, any Borough police officer, or the Borough Secretary when so instructed by Borough Council.