Township of Potter, PA Chapter 145 Peddling and Soliciting

[HISTORY: Adopted by the Board of Supervisors of the Township of Potter 12-10-1980 by Ord. No. 41. Amendments noted where applicable.]

§ 145-1 Title.

This chapter shall be known and may be cited as the "Transient Retail Business Ordinance" of Potter Township.

§ 145-2 Definitions and word usage.

A. Definitions. The following words when used in this chapter shall have the following meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise.

TRANSIENT RETAIL

Includes the following:

(1) Engaging in peddling, canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise, upon any street or alley, sidewalk or public ground, or from house to house, within the Township of Potter; and

(2) Selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within the Township of Potter, 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.

B. Word usage.

(1) The word "person," as used in this chapter, shall mean any natural person, partnership, association, firm or corporation.

(2) In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 145-3 License required; fees.

[Amended 7-26-2000 by Ord. No. 85]

A. License required.

(1) No person shall engage in any transient retail business within the Township without first having obtained a license from the Secretary.

(2) Every license issued shall be issued to a natural person and shall be nontransferable.

(3) Every natural person who is the agent, servant or employee of another person shall be required to secure a license.

B. License fee. The amount of the fee shall be determined by the Board of Supervisors from time to time by resolution.

C. License fee exemptions.

(1) The following categories of persons, or agents, servants or employees of such persons, shall be exempt from the license fee:

(a) A farmer selling his or her own produce.

(b) A manufacturer or producer selling any of the following of his or her own products:

[1] Bread or bakery products.

[2] Meat or meat products.

[3] Milk or milk products.

(c) Any person selling goods, wares and merchandise donated by the owner thereof, the proceeds of which are to be donated to a nonprofit civic, charitable, philanthropic or governmental entity.

(d) Any person working without compensation and selling goods, wares and merchandise, for a nonprofit civic, charitable, philanthropic or governmental entity.

(e) Any other category of person as determined by the Board of Supervisors from time to time by resolution.

(2) Every person engaging in more than one transient retail business within the Township, one or more of which requires the payment of a license fee and one or more of which is exempt from a license fee, shall be required to pay a license fee for each activity which is not exempt.

§ 145-4 Application for license.

Every person desiring a license under this chapter shall first make application to the Township Secretary for such license. If such person shall also be required to obtain a license from any commonwealth or county officer he shall, when making such application, exhibit a valid license from such commonwealth or county officer. The applicant shall give:

A. His name and address;

B. His previous criminal record, if any;

C. The name of the person by whom he is employed;

D. The type of goods, wares and merchandise he wishes to deal with in such transient retail business;

E. The length of time for which such license is to be issued; and

F. The type and license number of the vehicle to be used by him in such transient retail business, if any.

§ 145-5 Verification of application information by Police Department.

Upon receipt of the application and the prescribed fee, the Township Secretary shall immediately transmit the application to the Township Police Department, which Department shall without delay take such action as may be necessary to verify the identity and character of the applicant, and to verify the statements and information contained in the application. Upon completion of its investigation, the Police Department, if it is satisfied that the applicant is of good character, and that his business is legitimate, shall endorse its approval upon the application. If not so satisfied, the Police Department shall endorse its disapproval upon the application and its reasons for disapproval.

§ 145-6 Issuance of license.

The Township Secretary, upon receipt of any application under this chapter from the Police Department, shall immediately notify the applicant of the action of that Department, and if the application shall have been approved, the Township Secretary shall forthwith issue a license in accordance with the application.

§ 145-7 Display of license.

Every license holder shall carry such license upon his person, if engaged in a transient retail business from house to house or upon any street, alley, sidewalk or public ground, or shall display such license at the location where he shall engage in such business if doing so at a fixed location. He shall exhibit such license, upon request, to all police officers, Township officials and citizens or residents of the Township.

§ 145-8 Prohibited acts.

No person engaged in any transient retail business shall:

A. Sell any product or type of product not mentioned in his license;

B. Hawk or cry his wares upon any street, alley, sidewalk or public ground; nor use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed;

C. When selling from a vehicle, stop or park such vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity;

D. Park any vehicle upon any street or alley in the Township for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any cartons or wrapping material or of any stock of wares or foodstuffs which may have become unsalable through handling, age or otherwise;

E. Engage in any such business, on a house-to-house business, at any time on Sunday, or on any other day of the week at any time before 8:00 a.m. or after 5:00 p.m., except on advance appointments;

F. Go in or upon any private residence in the Township without having been requested or invited to do so by the owner or occupant of such residence;

G. Occupy any fixed location upon any of the streets, alleys, or sidewalks of the Township for the purpose of conducting any transient retail business, with or without any stand or counter.

§ 145-9 Supervision of activities; recordkeeping.

The Police Department shall supervise the activities of all persons holding licenses under this chapter. The Township Secretary shall keep a record of all licenses issued hereunder, and shall make a report thereof each month to the Township Board of Supervisors.

§ 145-10 Suspension and revocation of license.

The Township Secretary is hereby authorized to suspend or revoke any license issued under this chapter when he shall deem such suspension or revocation to be beneficial to the health, safety or morals of the Township and its inhabitants, or for violation of any provision of this chapter, or for giving false information on the application for the license hereunder.

§ 145-11 Appeals.

Any person aggrieved by the action of the Police Department or the Township Secretary in granting or refusing to grant a license under this chapter, or by the Township Secretary in suspending or revoking a license, shall have the right of appeal from such action to the Township Board of Supervisors. Every such appeal shall be in writing, setting forth the matters objected to, and shall be filed with the Township Secretary within 10 days after the action appealed from. Such appeal shall be heard by the Township Board of Supervisors at its next regular meeting or within 10 days following the filing of the appeal, whichever shall be later, and the decision of the Board of Supervisors shall be communicated to the applicant without delay. In case of suspension or revocation of a license, no part of the license fee shall be refunded to the person whose license shall have been suspended or revoked.

§ 145-12 Violations and penalties.

[Amended 11-14-2001 by Ord. No. 88]

A. General enforcement provisions.

(1) Any person who violates any provision of this chapter shall be subject to all of the following:

(a) Shall be guilty of a summary criminal offense.

(b) Shall, upon conviction, pay the criminal penalty specified in Subsection B.

(c) Shall, upon conviction, be subject to imprisonment specified in Subsection C.

(2) Each day that a violation is continued shall constitute a separate offense.

B. The criminal penalty for a violation of this chapter shall be as follows:

(1) For a first offense, a sum not less than $50 nor more than $300.

(2) For a second or subsequent offense, a sum of not less than $100 nor more than $500.

C. The penalty of imprisonment for a violation of this chapter shall be as follows:

(1) For a first offense, a period not more than 10 days.

(2) For a second or subsequent offense, a period not less than five days nor more than 15 days.