[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 8-21-1969 as Ord. No. 583. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any natural person, association, partnership, firm or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes the following: engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any of the streets or alleys, sidewalks or public grounds or from house to house within the Borough of Mount Oliver; and selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the borough, on a temporary basis, which shall include, but shall not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for or in advance of specific yearly holidays.
In this chapter, the masculine shall include the feminine and the neuter, the singular shall include the plural, and the plural shall include the singular.
No person shall engage in any transient retail business within the Borough of Mount Oliver without first having obtained from the Chief of Police a license, for which a fee, which shall be set forth by the Borough Council and which shall be for the use of the borough, shall be charged.
No license fee shall be charged under this section to farmers selling their own produce; for 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; or to any manufacturer or producer in the sale of milk or milk products, bread and bakery products or meat and meat products, but all persons exempted hereby from the payment of the license fee shall be required to register with the Chief of Police and to obtain a license without fee.
Any person dealing in one (1) or more of the above-mentioned exempted categories and selling other goods, wares or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, that the Chief of Police may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit organization.
Every license issued under the provisions of this chapter shall be issued on an individual basis to persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license.
Editor's Note: The application form can be obtained from the office of the Borough Secretary.
Every person desiring a license under this chapter shall first make application to the Chief of Police for such license. If such person shall also be required to obtain a license from any state or county officer he shall, when making such application, exhibit a valid state or county license. In such application, such person shall give his name and address; his previous criminal record, if any; the name of the person by whom he is employed; the type of goods, wares and merchandise he wishes to deal with in such transient retail business; the length of time for which such license is to be issued; and the type of vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Chief of Police, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person, if engaged in a transient retail business from house to house or upon any of the streets, alleys, sidewalks or public grounds, or shall display such license at the location where he shall engage in such business if doing so from a fixed location. He shall exhibit such license, upon request, to all police officers, borough officials and citizens or residents of the borough.
No person engaged in any transient retail business shall:
Sell any product or type of product not mentioned in his license.
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the borough.
When selling from a vehicle, stop or park such vehicle upon any of the streets or alleys in the borough for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
Park any vehicle upon any of the streets or alleys in the borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton or wrapping material or of any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise.
The Chief of Police shall supervise the activities of all persons holding licenses under this chapter, and he shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Borough Council.
The Chief of Police is hereby authorized to suspend any license issued under this chapter when he deems such suspension to be beneficial to the public health, safety or morals, or for violation of any provision of this chapter or for giving false information upon any application for a license hereunder. Appeals from any suspension may be made to the Borough Council at any time within ten (10) days after such suspension. No part of a license fee shall be refunded to any person whose license shall have been suspended.
Any person who shall violate any provision of this chapter shall for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than one thousand dollars ($1,000.) and costs of prosecution and, in default of payment of such fine and costs, to imprisonment for not more than thirty (30) days. Each day's violation of any provision of this chapter shall constitute a separate violation.