[HISTORY: Adopted by the Borough Council of the Borough of
Mount Jewett as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-8-1950 by Ord. No. 114]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each and every transient retail business, within the Borough
of Mount Jewett, for the sale of goods, wares, or merchandise, is
hereby prohibited unless and prior to the commencement of and doing
of any such business, the person, firm, or corporation desiring to
conduct the same shall acquire the license from the Borough office
as hereinafter mentioned.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Prior to the commencement of or doing of any such transient
retail business the person, firm, or corporation desiring to conduct
the same shall pay as a license the sum of $25 per day or fractional
part thereof that the said business is conducted in the said Borough.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The license herein provided for shall be issued by the Borough
office, pursuant to the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of McKean County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Nothing contained in this article shall be construed to apply
to farmers selling their own produce, to the sale of goods, wares,
and merchandise, donated by the owners thereof, the proceeds whereof
are to be applied to any charitable or philanthropic purpose, nor
to any manufacturer or producer in the sale of bread and milk products
and meat products.
This article shall go into effect November 15, 1950.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
[Adopted 7-6-1998 by Ord.
No. 207]
As used in this article, the following terms shall have the
meanings indicated:
Any right-of-way dedicated to or condemned by the Borough
of Mount Jewett for purpose of public travel.
The taking or orders for goods, wares, or merchandise, including
subscriptions for magazines or other printed matter, the obtaining
of contracts for home and building devices, repairs and improvements
and the securing of contributions to various causes and organizations,
from house to house in the Borough.
The selling of merchandise for commercial purposes either
from house to house, or from motor vehicles parked or stopped in the
right-of-way of a Borough street in such a manner as to require or
induce the purchaser to approach the motor vehicle or the person of
the seller on the sidewalk, cartway or any other portion of the right-of-way,
or a Borough street.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article requires registration with the Borough office and
a permit from the Borough Secretary to engage in the sale of merchandise
or canvassing and soliciting in the Borough.
A.
The applicant shall state his name, age, sex, home address, business
address, name and address of employer, if any, what he desires to
canvass and solicit from the length of time he wishes to engage in
this work, the make and type of vehicle, if any, he will use, its
registration number and whether he has ever been convicted of a felony,
misdemeanor or a crime of any kind involving moral turpitude.
B.
A permit will not be issued to any person who has been convicted
of a felony or misdemeanor or a crime of any kind involving moral
turpitude, and such person shall not be allowed to engage in canvassing
and soliciting in the Borough.
C.
If approved, the Borough Secretary will issue to the applicant, within
10 days from the date of filing of the application, a permit.
D.
A permit will be valid for the balance of the calendar year in which
it is issued. Such card may not be transferred from one person to
another.
Every person to whom a permit card has been issued shall, in
the conduct of his activities, comply with the following standard
of conduct:
A.
He shall carry his permit at all times and exhibit it, upon request,
to any police officer or to any person on whom he shall call or with
whom he shall talk.
B.
He shall not permit any person to have possession of his permit and
shall immediately report its loss to the Borough Secretary. He shall
not cause or allow his permit to be altered or defaced in any way.
C.
He shall not enter or attempt to enter any dwelling without the invitation
or permission of the occupant and shall immediately leave any premises
upon request of the occupant.
D.
He shall not engage in the sale of merchandise or in canvassing and
soliciting after dark.
E.
He shall not be guilty of any false pretense or misrepresentation,
and particularly, he shall not represent his permit as an endorsement
of himself, his goods or services or the goods or services of him
employer.
F.
He shall immediately surrender his permit to the Borough Secretary
upon revocation thereof.
Any permit may be revoked by the Borough Secretary if the holder fails to comply with the standards of conduct contained in § 341-11 hereof, or any of them, or upon ascertainment by the Police Department that the holder has made a false statement in his application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
This article shall not apply to boys and girls under 18 years
of age who take orders for and deliver newspapers, magazines, greeting
cards, candy and the like, or who represent the Boy Scouts and Girl
Scouts or similar organizations and take orders for and deliver cookies
and the like, or to any person representing an organization which
has registered with the Pennsylvania Department of State, as required
by 10 P.S. § 162.1 et seq., known as the "Solicitation of
Funds for Charitable Purposes Act."
Upon application, either in person or by mail, the Borough Secretary
is authorized to issue, if approved, a permit upon payment of a fee
of $50.
No person, firm or corporation shall engage in the sale of merchandise
from motor vehicles parked or stopped within the right-of-way of any
Borough Street.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of McKean County.
It is declared that enactment of this article is necessary for
the protection, benefit and preservation of the health, safety and
welfare of inhabitants of this Borough.
All ordinances or parts of ordinances inconsistent with this
article shall be and the same expressly are repealed.
