[HISTORY: Adopted by the Board of Supervisors of the Township of
Concord 12-5-2006 by Ord. No. 306.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Transient retail merchants — See Ch. 176.
[1]
Editor's Note: This ordinance was originally adopted as Chapter
177 but was renumbered to maintain the alphabetical organization of the Code.
A.
PERSON
OUTDOOR AND SEASONAL SALES
As used in this chapter, the following terms shall have
the meanings indicated:
A natural person, firm, association, corporation, partnership or
other business entity.
Any temporary business of selling and/or delivery by any person,
whether as owner, agent, consignee or employee, upon any street, sidewalk
or private ground within the Township of Concord, conducted at different times
throughout the year and often in advance of specific yearly holidays.
B.
For the purposes of this chapter, "outdoor and seasonal
sales" shall not include:
(1)
Any person, as defined herein, whether as owner, agent,
consignee or employee, who conducts a permanent business within the Township:
provided, however, that no such person shall be relieved from the provisions
of this chapter by reason of a temporary association with any local dealer,
trader, merchant or auctioneer or by conducting such a temporary or transient
business in connection with or as part of or in the name of any local dealer,
trader, merchant or auctioneer.
(2)
Any such person, as defined herein, who, as part of his
permanent business, conducts a temporary sidewalk sale in an area immediately
adjacent to or contiguous to the building where his permanent business is
conducted, provided that such sale is operated in such a manner as to comply
with any other provisions of the Concord Township Code.
(3)
A person, as defined herein, exhibiting goods for sale
concurrent with or as an adjunct to a group display, meeting or convention
duly authorized to be held inside a building and authorized and licensed pursuant
to the appropriate sections of the Code of the Township of Concord.
(4)
A person who sells his or her own property, which was
not acquired for resale, barter or exchange, when such activity is held on
the person's property, and when such person does not conduct such sales
more than twice during any calendar year, such as in the commonly used term
"garage sale."
A.
Permits granted under this chapter shall be for a maximum
of 14 days (Type A) or 30 days (Type B), at the option of the applicant.
B.
Outdoor sales shall not be conducted at any time before
8:00 a.m. or after 9:00 p.m. on any day.
C.
The total area of all signs used in connection with outdoor
sales may not exceed 16 square feet, and all use of any off-premises or illuminated
signs for such purposes is prohibited.
D.
The sales display area must be located in such a manner
as to allow at least 12 feet of pedestrian walkway between the edge of the
street and the sales display area.
E.
If a parking facility is to be shared with an existing permanent business, then such use shall not reduce the parking available to the permanent business to that which would be below the number of spaces required by § 210-197 of the Zoning Code of the Township of Concord.
F.
All proposed sales sites shall provide adequate, safe,
egress and ingress and parking, and the Department of Code Enforcement shall
refer all such applications to the Manager of the Township of Concord for
a determination as to whether the proposed outdoor business operation would
constitute a traffic safety hazard due to its proposed location.
Any person, other than a 501(c) charitable or religious organization,
who desires to engage in outdoor sales as defined herein shall be required
to register with the Department of Code Enforcement of the Township of Concord
and to pay the registration fee in an amount as set from time to time by resolution
of the Board of Supervisors. The fees for a Type A permit shall be lower than
those for a Type B permit.
A.
The applicant must complete a Township application form,
signed and verified by the applicant, which application shall set forth:
(1)
A detailed description of the kind and character of the
business to be licensed, including a detailed statement of the merchandise
to be sold or for which orders are to be solicited.
(2)
The name and address of the person who owns and/or operates
the business to be licensed.
(3)
A written confirmation, from the owner of the property
to be used in connection with the outdoor sales, of permission to use the
property for such purposes.
(4)
A detailed description of the location or locations at
which the business is to be operated, including a plan showing, in square
feet, the area at the site to be devoted to the exclusive use of the applicant's
customers, as well as all required parking spaces.
(5)
At least three business or banking references shall be
provided with the application.
(6)
A certificate of insurance providing for minimum coverage
in the amount as set from time to time by resolution of the Board of Supervisors
for bodily injury and for property damage.
(7)
A refundable escrow deposit in an amount as set from
time to time by resolution of the Board of Supervisors to guarantee the cleanup
and restoration of the sales site to its pre-use condition, with such deposit
to be returned within two weeks following the completion of such cleanup.
In the event that the applicant fails to complete such cleanup, the Township
may cause the same to be done and apply the escrow to the cost of such cleanup
with both the seasonal seller and the property owner to be jointly and severally
liable for such costs, whether or not covered by the escrow amount, which
shall not be considered to be a limit of their liability for such costs.
A.
Upon receipt of such completed application and the prescribed
fee, the Code Enforcement Officer, if he shall find such application in order,
shall issue the permit required under this chapter, but no such permit shall
be issued if:
B.
In the event that it is determined that any of the information
supplied by the applicant is incorrect or incomplete, or in the event that
the applicant violates any other provision of this chapter while operating
his seasonal sales business, the Code Enforcement Officer shall revoke the
previously issued permit. In case of any such revocation, the Code Enforcement
Officer shall notify the applicant in writing.
C.
Every permit holder shall display such permit at the
location or locations where he is engaged in such business and shall exhibit
such permit, upon request, to all code officials.
D.
Upon refusal or revocation of a permit, the applicant
may appeal, in writing, to the Board of Supervisors of the Township of Concord
within 10 days after such refusal or revocation or within 30 days after filing
a completed application if no decision has been rendered; and the Board of
Supervisors shall thereupon afford the applicant an opportunity for hearing,
after which hearing the Supervisors may sustain the Code Enforcement Officer's
refusal or revocation or direct the Code Enforcement Officer to issue or restore
a permit.
Any person who shall violate any of the provisions of this chapter shall,
upon conviction thereof by any District Justice, be sentenced to pay a fine
of not less than $100 nor more than $1,000, together with the costs of prosecution
for each violation of this chapter. Each day a violation exists shall constitute
a separate offense. Where there are multiple locations being operated under
a single permit and the same violation occurs at each location, then each
violation shall constitute a separate offense.
