[Ord. No. 566, 8/9/2022]
For the purpose of this Subpart B, the following definitions
shall apply unless the context clearly indicates or requires a difference
meaning:
PERSON
Any natural person, partnership, association, corporation
or other legal entity.
TEMPORARY BASIS
No more than an aggregate total of 60 days during any one
calendar year (i.e., from January 1 through December 31), except for
Christmas tree sales which shall be considered on a temporary basis
if the sale thereof does not exceed an aggregate total of 60 days
during any calendar year.
TEMPORARY RETAIL BUSINESS
1.
Selling, soliciting or taking orders for any goods, wares or
merchandise, from a fixed outdoor location within the Borough, on
a temporary basis, at the time of special occasions or celebrations,
for seasonal purposes, or for or in advance of specific yearly holidays.
2.
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed indoor location within the Borough on a temporary
basis, at any time during the year.
[Ord. No. 566, 8/9/2022]
Upon receipt of such application and the prescribed fee, the
Code Enforcement Officer, if he or she shall find such application
in order, shall issue the license required under this Subpart B. Such
license shall contain the information required to be given on the
application therefor. Every license holder shall carry such license
upon his or her person if engaged in temporary retail business. He
or she shall exhibit such license, upon request, to all police officers,
municipal officials and citizens or residents of the Borough.
[Ord. No. 566, 8/9/2022]
No person in any temporary retail business shall:
1. Sell any product or type of product not mentioned in his or her license;
2. Hawk or cry his or her wares upon any of the streets, alleys, sidewalks
or public grounds in the borough;
3. Stop or park his or her vehicle upon any of the streets or alleys
in the borough to sell therefrom to persons residing or working in
the immediate vicinity;
4. Park any vehicle upon any of the streets or alleys in the borough
for the purpose of sorting, rearranging or cleaning any of his or
her goods, wares or merchandise or of disposing of any carton, wrapping
material or stock, wares or foodstuffs which have become unsaleable
through handling, age or otherwise;
5. Engage in any business activity, except by prior appointment, at
any time before 8:00 a.m. or after 8:00 p.m.;
6. Sell, display, solicit or take orders for goods, wares, merchandise
or services in or on any public right-of-way, street, alley, sidewalk
or public grounds; and
7. Have an exterior display of goods, wares or merchandise greater than
50 square feet in area.
[Ord. No. 566, 8/9/2022]
The Code Enforcement Officer shall supervise the activities
of all persons holding licenses under this Subpart B. He or she shall
keep a record of all licenses issued hereunder and shall make a report
thereof each month to the Borough Secretary.
[Ord. No. 566, 8/9/2022]
Any person, firm or corporation who shall violate any provision
of this Subpart B, upon conviction thereof, shall be sentenced to
pay a fine of not more than $500 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Subpart B continues shall
constitute a separate offense.