[Ord. 12-18-86; as amended by Ord. 12-5-96; as amended and
restated by Ord. 10-13-16A]
This Part 3 shall be known and may be cited as "The Regulation
and Licensing of Transient Retail Merchants."
[Ord. 12-18-86; as amended by Ord. 12-5-96; as amended and
restated by Ord. 10-13-16A]
The following words and phrases when used in this Part
3 shall have the meanings ascribed to them in this § 302, except where the context clearly indicates a different meaning:
CANVASSER
Includes any person, whether a resident of the Township or
not, who goes from house to house, from place to place or from street
to street, soliciting or taking or attempting to take orders from
individuals for sale of goods, wares or merchandise, including magazines,
books, or periodicals, or for services to be performed at that time
or in the future, whether or not such individual has, carries or exposes
for sale a sample of the subject of such order, or whether or not
he or she is collecting advance payments on such orders.
LICENSE
The written authorization by the Township Supervisors conferring
the right to operate a transient retail business within the Township.
LESSOR
Any person who or which leases by either an oral and/or written
lease any real estate, room, apartment, store, shop, building, railway
car, and/or other place or structure to a transient retail merchant
and/or any person engaged or intending to engage in a transient retail
business.
PERSON
Any association, firm, partnership, corporation or any other
entity, as well as a natural person, male or female. The singular
shall include the plural.
TOWNSHIP
Logan Township, Blair County, Pennsylvania.
TRANSIENT RETAIL BUSINESS
Any business conducted in Logan Township for the sale of
goods, wares or merchandise whatsoever which is temporary in location
and/or in time.
TRANSIENT RETAIL MERCHANT or PEDDLER
Every person, whether principal or agent, entering into,
beginning, or desiring to begin a transient retail business in Logan
Township 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 or who sells such goods,
wares or merchandise door to door. Said terms shall include a participant
as a vendor in a flea market and a door-to-door peddler. Nothing contained
herein shall apply to farmers selling their own produce, or to any
sale of goods, wares, or merchandise, the proceeds of which are to
be applied to any charitable or philanthropic purpose and/or newsboys/girls.
[Ord. 12-18-86; as amended by Ord. 12-5-96; as amended and
restated by Ord. 10-13-16A]
No person, including, but not limited to, a transient retail
merchant and/or canvasser, shall engage in a transient retail business
in the Township without first having obtained a license, as herein
provided.
[Ord. 12-18-86; as amended by Ord. 10-27-88; and by Ord.
12-5-96; as amended and restated by Ord. 10-13-6A]
1. General Requirements.
A. Every person desiring to engage in a transient retail business as
a transient retail merchant in the Township shall first make application
to the Chief of Police designated as the Township Coordinator for
a license, together with a license fee as established from time to
time by the Township. Said application shall be on a blank form provided
by the Township Chief of Police and shall contain at least the following
information, verified by oath or affirmation.
(1)
Full name and physical description of the applicant and local
address, if any.
(2)
Name and address of employer, together with credentials therefrom
establishing the exact relationship or a statement that such applicant
is self-employed.
(3)
Permanent address and telephone number.
(4)
The nature of the business and goods, wares, or merchandise
offered or intended to be offered for sale.
(5)
A statement as to whether or not the applicant has ever been
convicted of any felony and/or misdemeanor and/or any crime of theft,
theft by deception, and/or violation of any municipal ordinance, other
than traffic violations, and if the answer is in the affirmative,
the nature of the offense or offenses and the punishment or punishments
imposed.
(6)
The type of vehicle to be used, if any, by the applicant and
the registration number.
(7)
If a vehicle is being used, the name of the driver, the driver's
license number, vehicle registration number and certificate of current
automobile liability coverage.
(8)
The source of supply of the goods or property to be sold or
orders taken for the sale thereof and the proposed method of delivery.
B. If the applicant intends to sell any goods, wares or merchandise
whatsoever door to door in the Township, then the applicant shall
submit to fingerprinting by the Logan Township Police Department and
furnish a photograph of him or herself to, and acceptable by, said
Police Department.
2. Lessor Requirements. It shall be the duty of every person, including a lessor, who leases property of any type, by either an oral and/or written lease, to any person, including a transient retail merchant conducting or intending to conduct a transient retail business on or at said property, to secure a license and/or licenses from the Township for each such person and/or transient retail merchant. The person so leasing, including a lessor, shall submit to the Township the information required in Subsection
1 of § 304 hereof for each person, including a transient retail merchant, conducting or intending to conduct a transient retail business on or at said property, together with a license fee as established by the Township from time to time. Failure to comply with this Subsection
2 of § 304 shall entitle the Township of Logan to prosecute either the lessor or the person, including a transient retail merchant, or both, for noncompliance.
3. Time of Application. All license fees and information required in Subsections
1 and
2 of § 304 hereof shall be received by the Township as follows:
A. As to any application for one license, a period of at least 48 hours.
B. As to any application for two or more licenses, a period of at least
seven days.
4. Renewal of License. Each person, including a transient retail merchant,
who or which receives a license from the Township to conduct a transient
retail business shall be required to renew such license with the Logan
Police Chief on the first day of each successive month that the person,
including a transient retail merchant, intends to continue the operation
of a transient retail business and shall pay the monthly fee upon
each such renewal of the license.
[Ord. 12-5-96; as amended and restated by Ord. 10-13-6A]
At the discretion of the Township Chief of Police, no license
may be issued under this Part until a period of at least 24 hours
has elapsed from the time the application has been filed with the
Township, in order to give the Township sufficient time to make any
investigation deemed necessary by the Township Chief of Police before
issuing a license. The Township, during the twenty-four-hour period
following the application, may investigate the applicant and the applicant's
business and the reputation of said business and any other information
deemed necessary to protect the public safety and health. In the event
that such investigation should indicate that the granting of such
permit would or might be injurious to the public interest, safety
or health, the Chief of Police shall have the power and authority
to refuse to issue a license.
[Ord. 12-18-86; as amended by Ord. 12-5-96; as amended and
restated by Ord. 10-13-16A]
1. Upon the approval of license application and payment of fee as set
forth in the preceding section, the Township Chief of Police or other
person designated by the Board of Supervisors of Logan Township shall
issue a license card, containing the date of issuance and the date
of expiration, as well as the name of the transient retail merchant,
the transient retail merchant's address, the location where the
transient retail merchant intends to set up a transient retail business,
and as follows:
A. If the transient retail merchant is an individual, one card to the
person making such application;
B. If a partnership, firm, or corporation, one card each to such employee
upon submission by the transient retail merchant of their names.
[Ord. 10-13-6A]
The Chief of Police is hereby authorized to deny, suspend or
revoke any license issued under this Part when he/she deems such denial,
suspension or revocation to be beneficial to the public health, safety
or morals, including but not limited to, providing false information
on an application for license and/or having been convicted of a felony
involving physical harm and/or for violation of any provision of this
Part. Appeals from any suspension, revocation or denial of a license
may be made to the Township Manager at any time within 10 days after
such suspension, revocation or denial, and a meeting shall be held
within 30 days of the petition for appeal. No part of a license fee
shall be refunded to any person whose license shall have been suspended
or revoked.
[Ord. 12-18-86; as amended by Ord. 12-5-96; as amended and
restated by Ord. 10-13-16A]
It shall be unlawful for any person, including a transient retail
merchant, to permit and/or to enter into or begin a transient retail
business within the limits of Logan Township without having complied
with this Part and without having in his or her possession the license
card as hereinbefore mentioned.
[Ord. 10-13-6A]
No license, nor any person in his or her behalf, shall make
any noise in violation of the Township's Noise Ordinance.
[Ord. 10-13-6A]
Any person, firm or corporation that shall violate any of the
provisions of this Part shall forfeit and pay the Township for each
and every separate offense a sum of not less than $100 nor more than
$600, to be used for and recovered as other fines and penalties are
now by law recoverable and, in default of payment of the fines and
costs of prosecution, shall be imprisoned for a period not exceeding
30 days. Each day during which a violation occurs shall constitute
a separate offense.