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