As used in this article, the following terms
shall have the meanings indicated:
When used as being a temporary retail dealer, includes a
person, corporation, partnership or any other form of organization.
The engaging on a temporary basis in the sale of personal
property, consumer goods or services from a fixed location on private
property in the municipality, whether such personal property or services
are offered in a special going-out-of-business sale (when the sale
is conducted by someone other than the owner of the business) or such
activity involves the offering for sale of personal property or services
brought into the location specifically for the purpose of sales to
the public. The solicitation of sales by telephone from a location
within the Borough shall be included regardless of whether the personal
property or services are actually located within the Borough or not.
Yard sales, garage sales, public auctions or
sales of a like nature shall not be deemed to be the conduct of a
temporary retail business so long as no more than two such sales of
not more than three days each per year are conducted on any parcel
or private property.
The engaging in the sale of personal property,
consumer goods or services from a fixed location on private property
in the municipality or the offering for sale of personal property
or services brought into the location specifically for the purpose
of sales to the public in a multi-individual cooperative sales activity,
frequently called a "fleamarket," shall be considered a temporary
retail business. The property owner or flea market operator shall
procure one license covering all the persons selling at the same fixed
location during this activity.
A retail business shall be considered to be
temporary when such business is not located within the Borough with
the intent to remain in business indefinitely. The lease or use of
a location by such business for any period of time less than six months
shall create a presumption that the retail business is temporary,
but such presumption can be rebutted by facts which establish an intent
to remain in business indefinitely.
Any person who shall engage in a temporary retail business
as defined above.
Every person/applicant desiring to establish
a temporary retail business in the Borough of Marcus Hook shall register
with the Borough. Registration shall be on a form approved by the
Borough Council and available from the Borough Manager/Secretary.
When the Manager/Secretary has approved the issuance of a temporary
retail dealer's license, the applicant shall be issued a license,
which shall contain the information required on the application and
shall be prominently displayed at the location of the temporary retail
business.
A.
The term of each temporary retail dealer's license
shall be specified on the license issued and shall not exceed six
months.
B.
Each applicant shall pay a registration fee of $20
per month for the term specified on the license. The fee for a temporary
retail business may be amended from time to time by resolution of
the Borough Council. No fee shall be charged for a temporary retail
dealer's license when the applicant is a charitable, religious or
educational organization. Exemption from taxation by the United States
Treasury Department to such organizations shall be sufficient to establish
exemption from payment of fees set forth in this section.
A temporary retail business may be conducted
only as allowed in the Marcus Hook Zoning Ordinance[1] and shall be subject to the following limitations:
B.
Activities.
(1)
All temporary retail businesses shall be located on
private property which is not exempt from real estate taxation. However,
if the temporary retail business is exempt from the payment of fees
because of its being charitable, religious or educational as set forth
herein, its location may be on private property which is exempt from
real estate taxation.
(2)
Temporary retail business operations shall not be
conducted in the setback area of any building or lot.
(3)
Temporary retail dealers and all individuals participating
therein shall not be permitted to make or cause to be made any loud
noise to attract attention or for any other purpose. Such noises may
include but shall not be limited to shouting, use of loudspeakers,
horns, drums, musical instruments or other loud devices.
