Borough of Boyertown, PA
Berks County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 3-2-1959 by Ord. No. 3-59. Amendments noted where applicable.]
GENERAL REFERENCES
Parades — See Ch. 130.
Peace and good order — See Ch. 136.
Household sales — See Ch. 152.

§ 118-1 Definitions.

Whenever and wherever used in this chapter, these words shall mean and be defined as follows:
BOROUGH SECRETARY
The duly appointed Secretary of the Borough of Boyertown.
CARNIVAL, CIRCUS or FAIR
Any public or semipublic performance, exhibition or entertainment, other than concerts, lectures or art exhibitions, as hereinafter defined, at which people, animals and/or objects are seen and/or perform or games of chance or skill are played and for which a fee is charged for admission or participation; provided, however, that this shall not be construed so as to apply to any regularly scheduled performance by a permanent motion-picture theater.
CHIEF OF POLICE
The duly appointed Chief of Police of the Borough of Boyertown.
CONCERT, LECTURE or ART EXHIBITION
Any public or semipublic musical concert, scientific or educational lecture or art exhibition for which a fee is charged for admission.
HUCKSTER
One who sells provisions or food items from a vehicle or by going from door to door with a vehicle; provided, however, that this shall not include farmers selling their own produce or manufacturers or producers in the sale of bread and bakery products, meat and meat products or milk and milk products.
LICENSING OFFICER
The Borough Secretary, Mayor or Chief of Police as provided in § 118-2D hereof.
[Amended 4-5-1993 by Ord. No. 1-93]
MAYOR
The duly elected Mayor of the Borough of Boyertown.
[Amended 4-5-1993 by Ord. No. 1-93]
PEDDLER
One who, for himself or as agent or salesman, sells merchandise, books, magazines or any article of any other kind or nature, excepting food items, by going from door to door or from any stand on the sidewalks or streets of the Borough.
PERSON
Any individual, partnership, firm, association, joint venture, corporation or other organization of individuals.
RESIDENT
An individual who resides within or an individual, partnership, firm, association, joint venture, corporation or other organization of individuals who or which has a permanent place of business within the corporate limits of the Borough of Boyertown.
SAMPLE MERCHANT
One who, for himself or as salesman or agent for another, solicits orders for future delivery.
TRANSIENT WHOLESALE OR RETAIL MERCHANT
A person who is engaged in selling or exhibiting for sale any goods, wares, merchandise or other article of any kind or nature from a temporary or semipermanent location within the corporate limits of the Borough of Boyertown and who has not been a resident of the Borough of Boyertown for a period of six months immediately preceding the commencement of such business or who does not intend to continue such business for a continuous period of at least six months or who is not the owner of real estate having an assessed value of at least $1,000 within the corporate limits of the Borough of Boyertown.

§ 118-2 Licenses and issuance thereof.

A. 
On and after the effective date of this chapter, no person shall own, operate or conduct any of the businesses, entertainments or public performances enumerated in § 118-3 hereof within the corporate limits of the Borough of Boyertown without first having obtained a license therefor upon the payment of the license fee and compliance with the regulations as set forth in § 118-3 hereof.
B. 
All licenses for which an annual license fee is prescribed in § 118-3 hereof shall be issued and valid from the 15th day of January in the year in which it is issued until the 15th day of January of the succeeding year. Wherever such annual license is not issued until after the 15th day of July of any year, only 1/2 of the annual license fee shall be payable, and such license shall be issued and valid until the 15th day of January of the succeeding year.
C. 
Wherever a license is issued on a performance, daily, weekly or monthly basis, such license shall bear the calendar dates on which it is effective and valid, and the full license fee shall be paid for such period of time before it is issued.
D. 
Upon the payment of the license fee and the compliance with all regulations set forth in § 118-3 hereof, the Borough Secretary be and he is hereby authorized to issue the licenses provided for in this chapter. In the absence of the Borough Secretary, such licenses may be issued by the Mayor, and in the absence of the Borough Secretary and the Mayor, such licenses may be issued by the Chief of Police.
[Amended 4-5-1993 by Ord. No. 1-93]
E. 
Any individual applying for a license under this chapter shall provide the Borough with his or her previous criminal record, if any. The Borough's Police Department shall also have the authority to run a criminal record history on any individual applying for a license under this chapter.
[Added 8-4-2008 by Ord. No. 04-08]

§ 118-3 Persons to be licensed; fees; regulations.

[Amended 4-5-1993 by Ord. No. 1-93]
A. 
Carnivals, fairs or circuses. The license fee for every carnival, fair or circus shall be as set forth from time to time by resolution of the Borough Council.
B. 
Concerts, lectures and art exhibitions. The license fee for every concert, lecture or art exhibition shall be as set forth from time to time by resolution of the Borough Council.
C. 
Hucksters.
(1) 
The license fee for every huckster shall be as set forth from time to time by resolution of the Borough Council.
(2) 
Each huckster license shall be issued for one vehicle only and shall license only the operator thereof and one accompanying employee.
(3) 
Every huckster licensee shall carry his license at all times that he is engaging in business, shall show the same upon demand to all police officers or other Borough authorities and shall mark on each side of his vehicle the words "Huckster License No. _____" followed by the number of his license.
D. 
Parades.[1]
(1) 
The license fee for all persons, other than those covered by Subsection A of this section, desiring to occupy or use the streets of the Borough for the purpose of a parade shall be as set forth from time to time by resolution of the Borough Council.
(2) 
No parade license shall be issued fewer than 10 days prior to the scheduled date thereof.
(3) 
All persons desiring a parade license shall first register with the licensing officer the name and address of the person sponsoring and in charge of the parade, the approximate number of individuals and vehicles expected to participate therein, the approximate size or length of the parade, the proposed route and the hours during which it will be conducted.
[1]
Editor's Note: See also Ch. 130, Parades.
E. 
Peddlers.
(1) 
The license fee for each peddler shall be as set forth from time to time by resolution of the Borough Council.
(2) 
In addition to paying the license fee, each peddler shall register his or her name and address, the name and address of his or her employer, if any, and the name and address of the person producing, supplying, manufacturing or selling the products or merchandise in which he or she deals and shall submit to such fingerprinting and other identification requirements as the Licensing Officer may deem necessary. The Licensing Officer shall investigate both the peddler and the products he or she wishes to sell before issuing the license.
F. 
Sample merchant.
(1) 
The license fee for each sample merchant shall be as set forth from time to time by resolution of the Borough Council.
(2) 
In addition to paying the license fee, each sample merchant shall first register his or her name and address, the name and address of his or her employer, if any, and the name and address of the person producing, supplying, manufacturing or selling the products or merchandise in which he or she deals and shall submit to such fingerprinting and other identification requirements as the Licensing Officer may deem necessary. The Licensing Officer shall investigate both the sample merchant and the products he or she wishes to sell before issuing the license.
G. 
Transient wholesale or retail merchant.
(1) 
The license fee for each transient wholesale or retail merchant shall be as set forth from time to time by resolution of the Borough Council.
(2) 
No transient wholesale or retail merchant shall sell any goods, wares or merchandise from any vehicle on any of the public streets in the Borough of Boyertown.
(3) 
No such license shall be required of farmers selling their own products or any manufacturer or producer selling or distributing bread or bakery products, meat or meat products, milk or milk products.
(4) 
Whenever the Licensing Officer shall be of the opinion that any person is conducting the business of a transient wholesale or retail merchant without having first obtained a license, he shall immediately cause a police officer or constable of the Borough of Boyertown to serve upon such person written notice requiring him, her or it to file with the Licensing Officer within 24 hours thereafter a statement, under oath, setting forth the following: the full names, residence, business address and length of residence and business address of any and all persons interested in such business and the addresses at which he, she or they last paid per capita taxes and voted; the full address at which such business is to be conducted within the corporate limits of the Borough of Boyertown; the nature of the business, date of its commencement and the length of time during which it will be conducted; location and valuation of any real estate within the corporate limits of the Borough of Boyertown owned by all persons interested in said business; and whether the location at which said business is to be conducted is owned or leased, and if leased, the terms of the lease. Any person so notified who fails to file such statement with the Licensing Officer as above provided shall be conclusively deemed to be a transient wholesale or retail merchant and shall be subject to the penalties set forth in § 118-9 hereof for failure to obtain a license.
H. 
Exemptions for charitable and educational purposes. The Licensing Officer shall issue without the payment of a license fee a license for any sale, carnival, circus, fair, concert, lecture or art exhibition given by or for the exclusive benefit of charities or of churches, schools, fire companies, lodges, societies or civic organizations of the Borough of Boyertown; provided, however, that this exemption from the payment of license fees shall not apply to any indoor or outdoor circuses, carnivals or amusement companies, regardless of whom its sponsor may be.
I. 
Other exemptions. No license shall be required of persons conducting judicial, legal or estate sales.

§ 118-4 Soliciting money.

A. 
Every person desiring to solicit money within the corporate limits of the Borough of Boyertown shall first register and file with the Licensing Officer a statement, under oath, setting forth:
(1) 
The name and address of the solicitor.
(2) 
The name and permanent business address of the agency for which the solicitation is made.
(3) 
The purpose for which such solicitation is made.
B. 
In lieu of statements from each individual solicitor as provided in Subsection A of this section, the agency conducting the solicitation may file such statement on behalf of all its solicitors.

§ 118-5 Liability for trespass and damage.

No such license issued under this chapter shall authorize or excuse any breach of law or any trespass upon the rights of others or render the Borough liable for any damage that may be committed or caused under color thereof.

§ 118-6 Revocation.

The Licensing Officer may at any time revoke any license if there shall have been committed any breach of the terms or conditions under which the same was issued, by serving upon the person to whom the same was issued notice of such revocation and making a record thereof in the offices of the Borough, and from and after the service of such notice, any act done under color of such license shall subject the person doing or suffering it to be done to the same penalty as if he, she or it had done such act without such license unless, however, an appeal from such revocation is sustained as provided in § 118-7 hereof.

§ 118-7 Appeal.

If any person shall feel aggrieved by actions or decisions of the Licensing Officer in administering this chapter, or by the neglect or refusal of the Licensing Officer to issue any license or by the terms or conditions therein imposed or by any revocation of such license, he, she or it may appeal to the Borough Council by giving written notice to it and the Licensing Officer within one week after such decision, refusal or notice of revocation, and such decision, terms, conditions, refusal or revocation shall be binding upon the appellant until the Borough Council shall sustain or dismiss the appeal or order such modifications as it may deem proper, not inconsistent with the Borough ordinances.

§ 118-8 Closings without license.

[Amended 4-5-1993 by Ord. No. 1-93]
The Borough Manager, Mayor or Chief of Police shall have full power and authority to close any business or public performance in any case where the conduct or operation thereof is attempted without first obtaining a license as provided in this chapter.

§ 118-9 Violations and penalties.

[Amended 4-5-1993 by Ord. No. 1-93]
A. 
Any person who shall engage in any performance or business, a license for which is required under the provisions of this chapter, without first having obtained such license and paying the applicable license fee, if any, or who shall engage in such performance or business after the license for the same has been revoked shall pay a fine of not less than $5 nor more than $600 for each day's or each performance's violation thereof and, in addition thereto, shall pay the applicable license fee, to be collected by summary proceedings before the Mayor or any Justice of the Peace of the Borough of Boyertown, together with costs, as other fees and penalties are now or hereafter by law collectible and, in default of payment thereof, shall undergo imprisonment in the Borough lockup or the Berks County Prison for a period not exceeding 10 days for each offense. Each day or performance without a license shall constitute a separate offense.
B. 
Any person who is required to file a statement under oath under the provisions of § 118-3G or 118-4 of this chapter who willfully fails to file the same or any person who willfully makes any false or untrue statement to the Licensing Officer in connection with information required to be given to the Licensing Officer under any of the provisions of this chapter shall pay a fine of not more than $600, to be collected by summary proceedings before the Mayor or any Justice of the Peace of the Borough of Boyertown, together with costs, as other fines and penalties are now or hereafter collectible by law and, in default of the payment thereof, shall undergo imprisonment in the Borough lockup or the Berks County Prison for a period not exceeding 30 days for each offense.