[Ord. 1-82, 9/7/1982, § 1]
In this Part, the masculine shall include the feminine and the
neuter, the singular shall include the plural and the plural shall
include the singular.
Any natural person, association, partnership, firm or corporation.
Includes the following:
Engaging in peddling, canvassing, soliciting and taking orders,
either by sample or otherwise, for any goods, wares or merchandise,
upon any of the streets, roads alleys, sidewalks or public grounds
or from house to house, in the Township of Richmond; and
Selling, soliciting or taking orders for any goods, wares or
merchandise, from a fixed location in the Township, 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.
[Ord. 1-82, 9/7/1982, § 2; as amended by Ord. 91-4,
9/3/1991]
1.
No person shall engage in any transient retail business within the
Township of Richmond without first obtaining from the Township a license
for a one-month period, for which license a fee shall be paid in such
amount as shall be established, from time to time, by resolution of
the Board of Supervisors. If a person desires to continue in a transient
retail business after the expiration of the month for which the license
is granted, the person shall file a new application and pay a new
license fee; provided, however, that no license fee shall be charged
under this section:
A.
To farmers selling their own produce.
B.
For the sale of goods, wares and merchandise donated by the owners
thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose.
C.
To any manufacturer or producer in the sale of bread or bakery products,
meat and meat products, or milk and milk products.
D.
To insurance companies or their agents or brokers authorized to transact
business under the insurance laws of the Commonwealth of Pennsylvania.
E.
To any charitable organization, its agents or employees, which is
not in violation of the Act of August 9, 1963, P.L. No. 628 (10 P.S.
§ 16.1 et seq.) as amended, known as the Solicitation of
Charitable Funds Act, governing solicitations for benevolent, educational,
philanthropic, humane, patriotic, religious or similar purposes.
F.
To any persons taking orders for merchandise from dealers or merchants
for resale by such dealer or merchant.
G.
To the seeking or taking of orders pursuant to invitation of the
party from whom an order is sought.
2.
All persons exempted hereby from the payment of the license fee shall
be required to register with the Township and to obtain a license
without fee.
3.
Any person dealing in one or more of the hereinabove 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.
4.
The Township may similarly exempt from payment of the license fee,
but not from registering with it, persons working without compensation
and selling goods, wares or merchandise for the sole benefit of any
non-profit organization.
5.
Every license issued under the provisions of this Part 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.
[Ord. 1-82, 9/7/1982, § 3; as amended by Ord. 91-4,
9/3/1991]
1.
Every person desiring a license under this Part shall first make
application to the Township Code Enforcement Officer 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 license from such state or county officer. The application
shall be upon a form provided by the Township Code Enforcement Officer
and shall contain the following information which shall be verified
by oath or affirmation:
A.
The full name of the applicant and his local address, if any;
B.
The permanent address of the applicant;
C.
The name of the employer of the applicant or a statement that such
applicant is self-employed;
D.
The nature of the goods, merchandise or services to be offered for
sale;
E.
A statement as to whether or not the applicant has ever been convicted
of any crime, other than a traffic offense, and if the answer is in
the affirmative, the nature of the offense and the punishment imposed;
F.
The period for which the license is to be issued, which shall not
exceed one month; and,
G.
The type and license number of the vehicle to be used, if any.
2.
Where an applicant requests an application for himself and one or
more helpers, a separate application and application fee shall be
submitted by each helper.
[Ord. 1-82, 9/7/1982, § 4; as amended by Ord. 91-4,
9/3/1991]
Upon receipt of such application and the license fee, the Township
Code Enforcement Officer shall, in the application is in order, issue
the license required under this Part.
[Ord. 1-82, 9/7/1980, 55]
Such license, when issued shall state the products or services
to be sold by the licensee and shall identify the organization for
which the licensee works. The license shall contain such other information
as the Township deems advisable. Each licensee shall at all times,
when engaged in a transient retail business, carry such license upon
his person and shall exhibit it upon request to all police officers,
Township officials and citizens and residents of the Township.
[Ord. 1-82, 9/7/1982, § 6; as amended by Ord. 91-4,
9/3/1991]
The Township Code Enforcement Officer shall supervise the activities
of all persons holding licenses under this Part, and shall make a
report thereof each month to the Township Supervisors.
[Ord. 1-82, 9/7/1982, § 7]
1.
No person engaged in any transient retail business shall:
A.
Sell any product or service not mentioned in the license.
B.
Engage in such transient retail business at any time on Sunday or
upon any other day of the week before 9:00 a.m. or after 8:00 p.m.
C.
Use any loudspeaker or horn or any other device for announcing his
presence by which the public is annoyed.
D.
Place or deposit any refuse upon any of the streets, roads, alleys,
or public lands of the Township.
E.
Fail to leave the premises of a resident when requested to do so
by the resident.
F.
Occupy any fixed location upon any of the streets, roads, alleys,
sidewalks, or public places in the Township for the purpose of conducting
business, with or without a stand or counter.
[Ord. 1-82, 9/7/1982, § 8]
The Board of Supervisors are hereby authorized to suspend, after
notice and hearing, any license issued under this Part when they shall
deem such suspension to be beneficial to the public health, safety
or morals, or for violations of the provisions of this chapter, or
for giving false information upon any application for a license hereunder.
No part of a license fee shall be refunded to any person whose license
shall have been suspended.
[Ord. 1-82, 9/7/1982, § 9; as amended by Ord. 91-4,
9/3/1991; and by Ord. 3-97, 8/5/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
