[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.
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:
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.
Any commercial activity conducted by any business or person
in which goods, services, wares or merchandise is offered for sale
or barter.
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.
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.
The current Subdivision and Land Development Ordinance of
the Borough of Moosic,[1] and amendments.
[2]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.
The current Zoning Ordinance of the Borough of Moosic, Lackawanna
County, Commonwealth of Pennsylvania,[3] and amendments.
[4]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.
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:
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.
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.
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.
