[HISTORY: Adopted by the Board of Supervisors of the Township of
Skippack 8-27-1997 by Ord. No. 214. Amendments
noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 164.
A.
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
text:
Engaging in peddling, soliciting or taking orders, either by sample
or otherwise, for the goods, wares or merchandise upon any street, alley,
sidewalk or public ground or from house to house within the Township of Skippack;
or
Selling, soliciting or taking orders for any goods, wares or merchandise
from a fixed location within Skippack Township, on a temporary basis, which
shall include but not be limited to such activities conducted at the time
of special occasions or celebration (for seasonal purposes or for yearly holidays).
B.
The singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine and the
neuter.
From and after the effective date hereof, it shall be unlawful for any person, firm or corporation not exempted by § 135-6 hereof, who or which is not the holder of a valid, unexpired and unrevoked license issued pursuant to this chapter, to engage in any transient retail business by visitation to private homes or residences or on the public streets or highways of Skippack Township.
B.
Application information.
(1)
The applicant shall supply, over his signature, the following
information (if applicable):
(a)
His name.
(b)
His place and date of birth.
(c)
His social security number.
(d)
His address and phone number.
(e)
His residence.
(f)
The address at which he will receive notices under this
chapter.
(g)
The name and address of his employer or principal and
the nature of his business activity.
(h)
The types of goods, wares and merchandise he wishes to
deal with in such transient retail business.
(i)
The nature of the business or activity in which the applicant
wishes to engage within the township.
(j)
The duration of the license (i.e., 30 days, one year).
(k)
The days and hours of operation or solicitation.
(l)
His motor vehicle operator's number and the issuing
state thereof.
(m)
The registration number, model, make and color of the
vehicle or vehicles which the applicant intends to use.
(n)
The location and/or locations of business, if stationary
or semistationary.
(2)
In addition, the applicant shall supply to township the
following (if applicable):
(a)
A copy of his Pennsylvania state sales tax license.
(b)
Proof of a handler's license or health license.
(c)
A letter from the property owner stating the property
owner understands and agrees to comply with this chapter and that the property
owner is responsible for the conduct of the transient businessman.
C.
Upon submission of said application and the payment of
a fee in the amount set by resolution of the Board of Supervisors, a license
shall be issued, within 15 business days of such submission, to the applicant
in the form of a card, which shall, unless revoked, entitle the licensee to
engage in the activities specified for the period requested from the date
of issuance, provided that the Township Manager may refuse to issue a license
if he has reasonable grounds for believing the applicant to be of poor moral
character, in which event the applicant shall be required to apply in person
to the Board of Supervisors.
D.
Licenses may be renewed for additional periods upon payment
of the hereinabove provided for and the submission of any amendment of the
original application necessary to reflect any changes in the information therein
contained.
Every person to whom a license has been issued hereunder shall, in the
carrying on of his business or activities in the township, comply with the
following conditions and rules of conduct:
A.
He shall carry his license card at all times and exhibit
it upon request to any township officer or any person upon whom he shall call
or with whom he shall talk in carrying on his licensed activities.
B.
His license card is not transferable, and he shall not
permit or allow any other person to use the same and shall immediately report
its loss to the Township Manager, should such event occur. His card shall
not be altered or defaced, nor shall he permit it so to be.
C.
He shall not enter or attempt to enter any dwelling or
business house without an invitation or permission of the occupant and shall
immediately leave any premises upon request.
D.
He shall not represent his license card to be an endorsement
of himself or of his goods, wares or services or of the goods, wares or services
of his employer.
E.
He shall immediately surrender his license card upon
revocation of his license, as hereinafter provided.
A.
Any license hereafter issued may be revoked by the Board of Supervisors upon the failure of the licensee to comply with the standards of conduct established by § 135-4 or upon ascertainment that the licensee has made any false statement in his application for a license hereunder. Notice of revocation shall be given by written notice served or sent, by registered mail, to the address designated for this purpose in the license application.
B.
Any person whose license has been revoked shall be entitled
to appear with counsel, if he desires, before the Board of Supervisors at
a regular or special meeting; and he will be heard on behalf of his request
for a reinstatement of his license.
The following persons are exempted from the licensing requirements of
this chapter:
A.
Persons soliciting contributions on behalf of organizations
or nonprofit corporations exempted from the provisions of or duly registered
pursuant to the Act of April 30, 1986, P.L. 107 (10 P.S. § 161.1
et seq.), as amended,[1] who, while soliciting, are possessed of a card or other written
evidence of their appointment or authority to solicit for said organization
or corporation.
[1]
Editor's Note: Said Act was repealed 1990, Dec. 19, P.L. 1200,
No. 202. See now 10 P.S. § 162.1 et seq.
B.
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in any activity described in § 135-1 hereof, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
C.
Persons engaged in the sale of goods, wares and merchandise
donated by the owner thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
D.
Farmers and dairies selling their own farm and dairy
produce on or adjacent to their residence or farms.
E.
All persons engaged in the sale of goods, wares and merchandise
on properties located on both sides of State Route 73 (Skippack Pike) from
Route 113 (Bridge Road) to Forty Foot Road.
F.
Persons engaged in political or religious advocacy.
[Added 2-9-2005 by Ord. No. 289]
[Amended 8-26-1998 by Ord. No. 227]
This chapter shall be enforced by action brought before a District Justice
in the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits
the violation of this chapter shall, upon conviction in a summary proceeding,
be punishable by a fine of not more than $1,000, or by imprisonment or a term
not exceeding 90 days. Each day or portion thereof that such violation continues,
or is permitted to continue, shall constitute a separate offense. Each section
of this chapter that is violated shall also constitute a separate offense.
