[HISTORY: Adopted by the Borough Council of the Borough of Mars as indicated in article histories. Amendments noted where applicable.]
Article I Licensing
[Adopted 6-4-1962 by Ord. No. 218]
It shall be unlawful for any peddler, canvasser, or transient merchant, as defined in § 171-2 of this article, to engage in any such business within the Borough of Mars without first obtaining a license therefor in compliance with the provisions of this article.
When used in this article, the following terms shall have the following meanings:
- Any person who goes from house to house, from place to place, or from street to street soliciting or attempting to take orders from individuals for the sale of goods, wares, products or merchandise, including but not limited to magazines, books, periodicals, or personal property of any nature whatsoever, for future delivery or for service to be performed at that time or in the future, whether or not such individual has, carries, or exposes for sale the sample of the subject of such order or whether or not he is collecting advance payments on such orders.
- PEDDLER and TRANSIENT MERCHANT
- Any person who goes from house to house, from place to place, or from street to street conveying or transporting goods, wares, merchandise or products or offering or exposing the same for sale or making sales or delivering articles or products to purchasers.
The terms of this article shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles or to newsboys or the acts of established merchants or their employees in delivering goods in the regular course of business, nor shall the terms of this article be held to include or apply to any farmer or truck gardener who shall then sell or dispose of, or offer to sell or dispose of, the products of the farm or garden occupied and cultivated by him, nor shall it apply to any manufacturer of products or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products, except as hereinafter modified, nor shall it include any bona fide religious or charitable organization.
Applicants for a license under this article must file with the Secretary of Council a sworn application, in writing, on a form to be furnished by the Borough, which shall state the name and physical description of the applicant, his permanent home address and local address, and, in case of transient merchants, the local address from which proposed sales will be mailed, a brief description of the nature of the business and the goods to be sold, or, if employed, the name and the address of the employer, together with credentials therefrom establishing the exact relationship, the source of supply of the goods or property proposed to be sold or orders taken for the sale thereof, and the proposed method of delivery, a recent photograph of the applicant, a statement as to whether or not the applicant has been convicted of any crime, felony, misdemeanor, or violation of any municipal ordinance other than traffic violations, and the nature of the offense and the punishment or penalty assessed therefor.
Upon receipt of each application, it shall be referred to the Chief of Police, who shall immediately institute such investigation of the applicant's business and moral character as he deems necessary for the protection of the public safety, and, if the character and business responsibility of the applicant are found to be satisfactory, the Chief of Police shall endorse upon the application the approval and return the application to the Secretary, who shall, upon payment of the prescribed license fee, deliver to the applicant his or her license within 72 hours from the time the application was originally filed.
Every applicant for a license under this article shall pay the following license fee: $25 per day.
Anything to the contrary hereinbefore set forth, notwithstanding and regardless of whether a peddler, canvasser and transient merchant is required hereunder to have a license, no peddler, canvasser, and transient merchant, nor anyone on his behalf, shall shout, cry out, blow a horn, ring a bell, or use any sound or amplifying device upon any of the streets, alleys, parks or other public places of the Borough of Mars or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard in the area for the purpose of attracting attention to any goods, wares, products and merchandise which such peddler, canvasser, or transient merchant proposes to sell.
No peddler, canvasser, or transient merchant, licensed or otherwise, shall have any exclusive right to any location on the public streets, nor shall any be permitted a stationary location thereon, nor be permitted to operate in a congested area where such operation might impede or inconvenience the public use of streets or sidewalks.
No peddler, canvasser, or transient merchant, licensed or otherwise, shall be permitted to operate upon the Sabbath, nor before 9:00 a.m. or after 5:00 p.m., Eastern standard time, on weekdays.
Licensees are required to exhibit their certificates of license at the request of any citizen.
Any person, firm or corporation that shall violate any of the provisions of this article shall forfeit and pay to the Borough of Mars for each and every separate offense a maximum fine of $300, to be collected as like fines and penalties are now by law collectible and to be for the use of the Borough, and, in default of payment of the said fine and costs, shall be committed to the county jail for a period not exceeding 90 days.