[Ord. 1792; Ord. 1976; Ord. 1/3/1947, § 1; as amended
by Ord. 1019, 5/19/1964, § 1; by Res. 11/14/1966; by Res.
12/12/1966; by Res. 7/10/1967; by Ord. 1377, 3/14/1977, §§ 1-3;
by Ord. 1379, 3/14/1977, §§ 6-13; by Ord. 1475, 4/12/1982,
§ 1; by Ord. 1495, 10/17/1983; by Ord. 1499, 12/28/1983,
§ 2; by Ord. 1586, 3/14/1988, § 1; by Ord. 1643,
5/14/1990, § 3; by Ord. 1710, 10/12/1992, § 1;
by Ord. 1732, 4/12/1993, § 1; by Ord. 1735, 4/12/1993; by
Ord. 1754, 12/13/1993, § 1; by Ord. 1766, 3/14/1994, § 1;
by Ord 1792, 2/13/1995; and by Ord. 1976, 3/8/2004, § 1]
1.
There is hereby levied and imposed upon every person, firm, association,
organization, corporation and every other form of enterprise or business
owning, operating, conducting, managing, leasing or possessing, dealing
in or doing business with any of the hereinafter enumerated amusements,
devices, businesses, entertainments, or public performances, an annual
license in an amount hereinafter designated, which shall be paid on
or before the 15th day of January in each year, provided that when
any such license shall be issued for any such purpose commencing or
doing business after July 15th of any year, the license fee shall
be 1/2 of the amount designated for the full year, excepting those
hereinafter made payable on a performance, weekly or monthly basis,
as follows:
A.
On each and every mechanical amusement device, including but not
limited to the device commonly called pinball machine a sum as established
from time to time by resolution, to be paid on a yearly basis, excepting
public record-playing machines, commonly called music or juke boxes
on which the license fee shall also be in an amount, as established
from time to time by resolution, to be paid on a yearly basis.
B.
On pawnbrokers an amount, as established from time to time by resolution,
to be paid on a yearly basis, and they shall in addition make weekly
reports upon blanks to be furnished by the Borough, of all goods pawned
at their place of business, during the preceding week.
C.
On each and every one-ring circus an amount, as established from
time to time by resolution, to be paid on a daily basis. On circuses
with more than one ring or wild-west shows or exhibitions an amount,
as established from time to time by resolution, to be paid on a daily
basis for each street parade in connection therewith an amount, as
established from time to time by resolution.
D.
On each and every auction house an amount, as established from time
to time by resolution.
E.
On each and every business of bill-posting within the Borough an
amount, as established from time to time by resolution.
F.
On the business of distributing circulars or other advertising matter
from door to door or from hand to hand within the Borough, no license
fee shall be required; provided, however, that any person engaged
in such distribution shall register his name and address with the
Borough Manager, or, in his absence, the Inspections Director, and
at the same time with the Police Department, prior to making such
distribution without being required to pay any fee whatsoever for
such registration. Circulars or other advertising matter distributed
from door to door shall be enclosed in envelopes or wrappers, and
shall be either placed upon the premises or handed to an account of
the premises. Any person engaged in the distribution of circulars
or other advertising matter shall not place or attempt to place such
circulars or advertising matter on the windows or motor vehicles,
shall not place or attempt to place such circulars or advertising
matter on or about the person of another without the consent of the
other, and shall not otherwise force, or attempt to force, any person
to accept delivery of such circulars or advertising matter.
G.
On each and every sample merchant, salesman, or agent soliciting
orders for future delivery of any goods and/or services from other
than merchants, dealers, or manufacturing corporations an amount,
as established from time to time by resolution, to be paid on a yearly
basis; provided, that any person who is working for or representing
a religious, educational, charitable, or political purpose shall not
be required to pay such license fee, but shall register his name and
address with the Borough Manager or in his absence, the Inspection
Director, and at the same time with the Police Department, prior to
soliciting any orders without being required to pay any fee whatsoever
for such registration. The Borough Manager, or, in his absence, the
Inspections Director, is hereby authorized to determine which individuals
are excepted from the license fee requirement as herein provided.
Any sample merchant, salesman, or agent who is not excepted herein,
before receiving a license, shall first register his name and address,
together with the names, addresses and necessary business references
of his firm, corporation or organization, with the Borough Manager,
or, in his absence, the Inspections Director, and with the Police
Department, and shall submit to such fingerprinting and identification
as the Police Department and/or the Borough Manager, or in his absence,
the Inspections Director, may require, and such license shall not
be issued until the Borough authorities shall have had ample reasonable
opportunity to determine the bona fides of the merchant, salesman
or agent and the product and/or service which he proposes to sell.
H.
On each and every huckster, vendor or peddler of any provisions or
merchandise by vehicle along the streets of the Borough an amount,
as established from time to time by resolution, to be paid on a yearly
basis, which shall cover one vehicle and shall not be construed to
permit huckstering or peddling by anyone other than the licensee and
one accompanying employee. The licensee shall carry his license at
all times and show same on demand by the Borough authorities and shall
mark his vehicle with the words "License No.," followed by the number
appearing on his license.
I.
On each and every peddler, hawker, agent or salesman having no permanent
residence or place or business in the Borough of Pottstown, engaged
in the selling of furs, rugs, notions, novelties, merchandise or services
of any kind or nature an amount, as established from time to time
by resolution, to be paid on a yearly basis; provided, that any person
who is working for or representing a religious, educational, charitable
or political purpose shall not be required to pay such license fee,
but shall register his name and address with the Borough Manager,
or in his absence, the Inspections Director, and at the same time
with the Police Department, prior to such selling without being required
to pay any fee whatsoever for such registration. The Borough Manager,
or in his absence, the Inspections Director, is hereby authorized
to determine which parties are exempt as hereinbefore provided. Before
receiving a license, any peddler, hawker, agent or salesman not exempt
from the license fee requirement herein, shall first register his
name and address, together with the names and addresses and necessary
business references of his firm, corporation, or organization, and
of the person, firm, corporation or organization producing, supplying,
manufacturing or selling the products, merchandise or services in
which he deals, with the Borough Manager, or, in his absence, the
Inspections Director, and with the Police Department, and shall submit
to such fingerprinting and identification as the Police Department
and/or the Borough Manager or in his absence, the Inspections Director,
may require, and such license shall not be issued until the Borough
authorities shall have had ample and reasonable opportunity to determine
the bona fides of the peddler, hawker, agent or salesman and the products
or services which he proposes to sell; provided, that any exserviceman
who produces proof of compliance with the Act or Acts of Assembly
regulating the licensing of honorably discharged veterans as peddlers
shall be exempt from payment of any license fee under this § 301,
but shall be required to register in the manner provided above for
peddlers, hawkers, agents or salesmen who are not otherwise exempt.
J.
All persons, firms, organizations, associations or corporations are
hereby prohibited from selling any goods, wares or merchandise from
any stationary wagon or other device on any of the public highways
in the Borough; provided, of course, that the provisions of this § 301
shall not apply to selling from any wagon or other device located
on private property.
K.
On each and every transient retail merchant temporarily engaged in
selling or exhibiting for sale any goods, wares or merchandise whatsoever
from a given, temporary or semi-permanent location within the Borough
in an amount, as established from time to time by resolution, to be
paid on a monthly basis, for each month or fraction thereof. The term
"transient retail merchant," as used in this § 301, shall
mean any person, firm, organization, association or corporation who
or which shall not, for a period of one year immediately preceding
the commencement of such business, have been either a bona fide resident
and taxpayer in the Borough or a corporation with principal place
of business therein, or the owner of real estate therein of an assessed
valuation of at least $1,000, or who or which does not intend to permanently
conduct and continue such business for a continuous period of at least
six months.
L.
On each and every tower doing business in the Borough of Pottstown for purposes as set forth in Chapter 15, Part 7, § 701 et seq., a license fee and additional fee per towing truck or towing vehicle shall be established from time to time by resolution of Borough Council. Towers shall be separated into two separate classes of towers. All towing applicants shall be required to complete and submit a license application, complying with all criteria as established by resolution of Borough Council.
1.
The first class (Class I) shall include only those towers who are
the highest responsible and qualified bidders for one of two, two-year
Class I Towing Licenses. Class I Towers will be "On-Call" towers.
a.
The two successful bidders shall be towers whose primary business
location is within the legal boundaries of the Borough of Pottstown,
Montgomery County, Pennsylvania.
b.
In the event that only one of the bidder's, whose primary business
location is within the legal boundaries of the Borough of Pottstown,
Montgomery County, Pennsylvania, or if there are no bidders whose
primary business location is within the legal boundaries of the Borough
of Pottstown, Montgomery County, Pennsylvania, then the other, or
both (whichever applies) bidder's primary business location(s)
must be located within two driving miles of any legal boundary of
the Borough of Pottstown, and within the legal boundaries of Montgomery
County, Pennsylvania.
2.
The second class (Class II) shall include any tower who is not a
Class I tower. Class II Towers will not be "On-Call" Towers."
M.
On each and every coin-operated vending machine, including but not
limited to, candy/gumball dispensing machines, cigarette machines,
soda machines, packaged food machines, packaged ice machines, gender
based hygiene dispensing machines, postage dispensing machines for
profit, air dispensing machines, self-weighing scale devices, blood
pressure devices and recycling acceptance and disposal machines, a
sum as established from time to time by resolution of Borough Council
to be paid on a yearly basis. Coin and vending machines specifically
excluded from said license fee are telephone service, parking meters,
space registration boxes, automatic teller machines, credit card liquid
dispensing machines, washing machines, clothes dryers, automatic gate
controls for parking lots, automobile washing machines, newspaper
machines and mechanical amusement devices previously licensed under
this Section.
2.
This subsection (2) shall not be construed to apply to sales by sample as regulated in subsection (G) hereof, or to hucksters, vendors or peddlers by vehicles as regulated in subsection (H), or to peddlers, hawkers, agents or salesmen as regulated as regulated in subsection (I), or to farmers selling their own produce, or to any manufacturer or producer selling or distributing bread and bakery products, meat and meat products or milk and milk products, or to sale of goods, wares or merchandise donated by the owners thereof, the proceeds of which are to be applied to charitable or philanthropic purposes, or to commercial travelers or sales agents selling to dealers or retailers in the usual course of business, or to persons conducting judicial or other sales under legal proceedings, but shall include sales by auction.
3.
The applicability of this subsection (3) to any transient retail merchant shall be originally and preliminarily determined by the Borough Manager who shall require all persons, firms, associations, organizations and corporations appearing to fall within this classification to register and file with him a statement under oath, which shall be administered by the Mayor without charge, specifically setting forth:
A.
The name or names, permanent home, voting and taxpaying domicile
and business address of all owners or proprietors of the proposed
business and of any local agent or agents in charge thereof, and the
period of residence at the stated home and voting and taxpaying domicile
and business address.
B.
The full address at which such business is to be conducted in this
Borough.
C.
The name of the business, date of proposed commencement and length
of time during which the same is proposed to be conducted.
D.
The exact location and approximate value of any real estate owned
by said proprietor or owner.
E.
Whether the proposed business location is owned or leased and, if
leased, the term of the lease and an exact copy thereof.
F.
The name of one bank with which the proprietor or owner has dealt
for one year or more preceding the application.
G.
Whether the proprietor or owner is an individual, partnership or
corporation and, if a corporation, the state of incorporation and
principal place of business.
H.
Any person, firm, corporation, organization or association failing
or refusing to file a sworn statement as required within 48 hours
after notice from the Borough Manager to do so, or filing a false,
fraudulent or untrue report, shall be guilty of a violation of this
Part 3 and subject to the penalties hereinafter provided.
I.
On each and every fortune teller, palmist, phrenologist, astrologer
or handwriting analyst in the sense of fortune telling or prognosticating
by interpreting handwriting a certain amount, as established from
time to time by resolution, to be paid on a daily basis.
[Ord. 1/3/1947, § 3]
No such license or permit 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.
[Ord. 1/3/1947, § 4]
No license shall be required for any fair, entertainment, exhibition
or amusement given by or for the exclusive benefit of churches, schools,
local fire companies, lodges, societies, or charities; provided, that
this exemption from the payment of license fees shall not be construed
to include any indoor or outdoor traveling carnival or amusement company,
no matter under what auspices it gives exhibitions.
[Ord. 1/3/1947, § 5; as amended by Ord. 1377, 3/14/1977,
§ 4]
The Borough Manager, or, in his absence, the Inspections Director,
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,
upon giving to the person to whom the same was issued notice of such
revocation, and shall make a record thereof in his office, and from
the time of such notice, any act done under color of such license
shall subject the person, firm, corporation, organization or association
doing or suffering it to be done to the same penalty as if he had
done such act without such license unless, however, such revocation
is disapproved as hereinafter provided by this Part.
[Ord. 1/3/1947, § 6]
If any person, firm, association or corporation shall feel aggrieved
by actions or decisions of any Borough officer in administering this
Part, or by the neglect or refusal of the Borough Manager to issue
such license or permit as aforesaid, or by the terms or conditions
herein imposed, or by any revocation of such license or permit, he,
they or it may appeal to the Council, upon giving notice to said officer
within one week after such decision, refusal or notice or revocation,
and such decisions, terms, conditions, refusal or revocation shall
be binding upon the appellant until the Council shall disapprove the
same or order such modifications as it may deem proper, not inconsistent
with the Borough ordinances.
[Ord. 1/3/1947, § 7; as amended by Ord. 1019, 5/19/1964,
§ 2; by Ord. 1377, 3/14/1977, § 5; by Ord. 1710,
10/12/1992, § 2; and by Ord. 1735, 4/12/1993]
Any person, firm, association, organization or corporation engaged
in any business or occupation or doing anything for which a license
is required by any of the foregoing Sections of this Part, or by the
terms of any ordinance shall be guilty of a violation of this Part,
and, upon conviction thereof shall, for each and every offense, be
sentenced to pay a fine of not less than $50 nor more than $600 and
costs of prosecution and, in default of payment of such fine and costs,
to imprisonment for not more than 30 days. Each day during which occurs
the violation of any of the provisions of this Part shall constitute
a separate offense.
[Ord. 1/3/1947, § 8]
The Mayor or Chief of Police, or upon order, the Borough Manager,
shall have full power and authority to close any business or public
performance or to confiscate any mechanical device or machine in any
case where the operation thereof is attempted without first obtaining
a license.
[Ord. 1/3/1947, § 10]
This Part shall be designated and known as "The License Ordinance
of 1946."
