It shall be the duty of the Chief of Police,
the Borough License Officer and any police officer of the Borough
of Alpha to examine all places of business and all persons of the
Borough of Alpha to determine if this chapter has been complied with
and to enforce the provisions of this chapter against any person found
to be violating the same; further, it shall be their duty to require
any person seen peddling, soliciting, canvassing or distributing and
who is not known by such officer to be duly licensed, to produce his
peddler's, solicitor's, canvasser's or distributor's license, as the
case may be, and to enforce the provisions of this chapter against
any person found to be violating the same.
No license shall be required of any person for
any mere delivery in the Borough of Alpha of any property purchased
or acquired in good faith from such person at his regular place of
business outside of the Borough where no intent by such person to
evade the provisions of this chapter is shown to exist.
The Council of the Borough of Alpha may authorize
the issuance of special permits, without the payment of any license
fees or other charge therefor, to any public, charitable, educational,
literary, fraternal or religious organizations for the conduct or
operation of a temporary nonprofit enterprise for a public, charitable,
educational, literary, fraternal or religious purpose. However, the
applicant shall submit the usual application form in the manner as
hereinbefore required and shall operate, if granted a permit, in accordance
with the requirements of this chapter.
A.
Any permit or license granted or issued pursuant to
this chapter may be revoked by the Mayor and Council, after notice
and hearing, for any of the following causes:
(1)
Any fraud, misrepresentation or false statement contained
in the application for license.
(2)
Any fraud, misrepresentation or false statement made
in connection with the selling of goods, wares or merchandise.
(3)
Any violation of this chapter.
(4)
Conviction of the licensee of any felony or of a misdemeanor
involving moral turpitude.
(5)
Conducting the business licensed under this chapter,
through the applicant himself, or any of his agents, servants or employees,
in any unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
B.
Licenses or permits for businesses or establishments
regulated by ordinance of the Board of Health are subject to suspension,
revocation or reinstatement by the Board of Health pursuant to the
regulations and procedures contained in this chapter or pursuant to
ordinance or regulation of the Board of Health.
Notice of hearing for revocation of a license under § 248-29 preceding shall be given in writing by the Borough Clerk or the Borough License Officer, setting forth specifically the grounds of complaint and the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee at his address indicated on his license application at least five days prior to the date set forth for the hearing.
[Amended 6-22-2004 by Ord. No. 04-16; 2-25-2014 by Ord. No. 2014-02]
In addition to the provisions for revocation,
the Borough License Officer, Code Officer, the Chief of the Borough’s
police provider, any police officer of the Borough’s police
provider, or any taxpayer or resident of the Borough may make complaint
in the Municipal Court of the Borough of Alpha for any violation of
this chapter or any article, section, paragraph or provision thereof.
Upon conviction in such case, for each and every violation, the person
or entity committing, taking part or assisting in such violation or
violations shall be subject to a fine not exceeding $1,250, a period
of community service not exceeding 90 days, or any combination thereof,
in the discretion of the Judge of the Municipal Court. Each day that
a violation is permitted to exist shall constitute a separate offense.
