Pennsylvania Act 1923-235 — MUNICIPALITIES, REGULATION OF MERCHANTS

Act text

MUNICIPALITIES, REGULATION OF MERCHANTS
                  Act of May 24, 1923, P.L. 442, No. 235              Cl. 53
                                  AN ACT

     To provide for the licensing of transient, retail merchants in
        cities, boroughs, and townships; and providing a penalty for
        the failure to obtain such license.

        Compiler's Note:  Section 2101(25) of Act 69 of 1933 provided
            that Act 235 is repealed insofar as it relates to
            townships of the second class.
        Compiler's Note:  Section 3501 of Act 331 of 1931 provided
            that Act 235 is repealed insofar as it relates to
            townships of the first class.
        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 235 is repealed insofar as it relates to third
            class cities.
        Compiler's Note:  Section 2 of Act 174 of 1931 provided that
            Act 235 is repealed insofar as it relates to cities,
            towns and townships of the first class.
        Compiler's Note:  Section 3301 of Act 336 of 1927 provided
            that Act 235 is repealed insofar as it relates to
            boroughs.
        Section 1.  Be it enacted, &c., That hereafter every person,
     whether principal or agent, entering into, beginning, or
     desiring to begin, a transient retail business in any city,
     borough, or township of this Commonwealth for the sale of any
     goods, wares, or merchandise whatsoever, and who hires, leases,
     occupies, or uses any room, apartment, store, shop, building,
     railway car, or other place or structure for the exhibition and
     sale of such goods, wares, or merchandise, shall take out a
     license for the same from the proper authorities of the said
     city, borough, or township: Provided, however, That nothing
     herein contained shall apply to farmers selling their own
     produce, or to any sale of goods, wares, or merchandise donated
     by the owners thereof, the proceeds whereof are to be applied to
     any charitable or philanthropic purpose.
        (1 amended May 13, 1925, P.L.642, No.345)
        Section 2.  The amount of such license in any city or borough
     shall be fixed by ordinance, duly passed by the council of such
     city or borough, and shall not be less than twenty-five dollars
     ($25) nor exceed the sum of two hundred dollars ($200) per
     month, or fractional part thereof, to be paid to the treasurer
     of said city or borough; and the amount of such license in any
     township shall be the sum of twenty-five dollars ($25) per
     month, or fractional part thereof, to be paid to the county
     treasurer for the use of the school fund of said township. Said
     license shall be renewed monthly during the continuance of said
     sale, and upon failure of said person or persons so to secure
     such license, he, she, or they shall be fined in a sum not less
     than one hundred dollars ($100) nor more than two hundred
     dollars ($200), to be collected as other fines are by law
     collectible, and in default of payment of said fines, shall be
     imprisoned in the jail of said city or county for a period not
     exceeding thirty (30) days.
        Section 3.  Nothing herein contained shall be construed to
     relieve any person, partnership, or corporation from the duty of
     taking out a license, or from the payment of any license tax
     imposed or authorized by any other statute of this Commonwealth.