Township of West Hanover, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Hanover 1-20-1986 as Ch. 13, Part 3, of the 1986 Code; amended in its entirety 6-6-2011 by Ord. No. 2011-07. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 92.

§ 182-1 Definitions and word usage.

A. 
As used in this chapter, the following terms shall have the meanings indicated unless a different meaning clearly appears from the context:
AUTHORIZATION
License, permit or registration.
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
MOBILE MERCHANT BUSINESS
A person who temporarily sets up business out of a vehicle, for the purpose of displaying goods for sale, selling, or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property and who does not remain in any one location for more than two hours at the same location.
[Added 10-15-2012 by Ord. No. 2012-15]
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks; from house to house; by visitation to private residences; or by entering in or upon private property within the Township.
PERSON
Any natural person, partnership, association, corporation or other legal entity.
PROMOTER
Any person, as defined herein, who organizes the gathering of five or more persons, as defined herein, engaged in transient retail business.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future deliver, or for subscriptions or contributions, upon any of the streets or sidewalks; from house to house; by visitation to private residences; or by entering in or upon private property within the Township.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
TEMPORARY
A period of time of 30 consecutive days or less.
(1) 
Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares, merchandise or services upon any street, alley, sidewalk or public ground, or from house to house, within West Hanover Township; or
[Amended 10-15-2012 by Ord. No. 2012-15]
(2) 
Selling, soliciting or taking orders for any goods, wares, merchandise or services from a fixed location within West Hanover Township, on a temporary basis, which shall include but not be limited to such activities conducted at the time of special occasions or celebrations, for seasonal purposes or in advance of specific yearly holidays.
TRANSIENT RETAIL MERCHANT
A person engaging in a transient retail business activity, including agents and employees thereof.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 182-2 License required; conditions of issuance; fee.

No person shall engage in any transient retail business within West Hanover Township without first having obtained from the Zoning Administrator or his designee a license, for which a fee shall be charged per the fee resolution approved by the Board of Supervisors.

§ 182-3 Exceptions.

A. 
No license fee shall be charged:
(1) 
To farmers selling their own produce;
(2) 
For the sale of goods, wares and merchandise, donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
(3) 
(Reserved)
(4) 
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like or who represent the Boy Scouts or Girl Scouts or similar organizations;
(5) 
To any honorably discharged member of any of the armed services;
(6) 
(Reserved)
(7) 
To any nonprofit organization for specific fund-raising events.
(8) 
To political activities associated with upcoming primary or general elections.
B. 
Notwithstanding the foregoing exemptions, all persons exempted shall be required to register with the Zoning Administrator or his designee and obtain a license without fee, provided that any person dealing in one or more of the above-mentioned exempted categories, and dealing with other goods, wares, merchandise, or services not so exempted, shall be subject to the payment of the license fee fixed by resolution for his activities in connection with the sale of goods, wares, merchandise and services not in such exempted categories.

§ 182-4 License application.

[Amended 10-15-2012 by Ord. No. 2012-15]
Every person desiring a license under this chapter shall first make application to the Zoning Administrator or his designee for such license. They shall, when making such application, exhibit a valid driver's license from any state and appropriate documents and certificates from other county or state agencies. The applicant shall provide:
A. 
A statement as to whether or not the applicant has ever been convicted of any crime, and if so, the nature of the offense or offenses and the punishment imposed therefor.
B. 
Permanent address.
C. 
Name and address of employer or a statement that such applicant is self-employed.
D. 
Type of goods, wares, merchandise or services offered for sale.
E. 
Length of time for which license is to be issued; date on which transient retail activities will commence and the date on which such activities will terminate.
F. 
Type and license plate number of any and all vehicles to be used.
G. 
Where a person makes application for himself and one or more agents, employees and/or helpers, all applicable personal information, including valid driver's licenses, specified above shall be given for each agent, employee and helper.
H. 
Evidence of safe ingress and egress from streets if business is conducted from a stationary location, per PennDOT Chapter 441.8.c and Zoning Ordinance § 195-138F.
I. 
If food or beverages are sold, the applicant shall provide West Hanover Township with documentation that indicates compliance with the Commonwealth of Pennsylvania Department of Agriculture, Bureau of Food Safety and Laboratory Services.
[Added 10-15-2012 by Ord. No. 2012-15]
J. 
Provide West Hanover Township with written permission of the property owner for any location to be used as a transient retail business or for any location to be used by a mobile merchant business.
[Added 10-15-2012 by Ord. No. 2012-15]
K. 
Provide a site plan that identifies location on site where a transient retail or mobile merchant business will be positioned.
[Added 10-15-2012 by Ord. No. 2012-15]

§ 182-5 Issuance of license; custody, display and exhibit.

[Amended 10-15-2012 by Ord. No. 2012-15]
Upon receipt of such application and the prescribed fee, the Zoning Administrator, or his designee, if he shall find such application in order, shall issue the license required under this chapter. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person or shall display such license at the location where they shall engage in such business if doing so at a fixed location. They shall present such license, upon request, to all police officers, municipal officials and citizens or residents of West Hanover Township. A fee, as set forth from time to time by the Board of Supervisors, shall be required for each renewal license.
A. 
Transient retail business licenses shall be renewed every 30 days under a new application for each month in accordance with § 182-4, License application (for a maximum of 90 days within a calendar year). Township fees set by BOS resolution.
B. 
Mobile merchant business licenses shall be renewed every 30 days under a new application for each month in accordance with § 182-4, License application. Township fees set by BOS resolution.

§ 182-6 Prohibited acts.

[Amended 10-15-2012 by Ord. No. 2012-15]
No person in any transient retail or mobile merchant business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in West Hanover Township.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in West Hanover Township for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
D. 
Park any vehicle upon any of the streets or alleys in West Hanover Township for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any house-to-house business activity on a Sunday or legal holidays, except by prior appointment.
F. 
Engage in any house-to-house business activity outside the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday, except by prior appointment.
G. 
Transfer license under the provisions of this chapter to any other person, business, developer or franchise.

§ 182-7 Supervision; records and reports.

The Zoning Administrator shall keep a record of all licenses issued hereunder and shall make a report thereof periodically to the Board of Supervisors.

§ 182-8 Suspension and revocation of license; appeal.

The Zoning Administrator or his designee is hereby authorized to suspend or revoke any license issued under this chapter when he deems a violation of any provision of this chapter or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Board of Supervisors at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.

§ 182-9 Violations and penalties.

Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of $1,000 per day. Every day a violation of this chapter continues shall constitute a separate offense. It is further provided that, upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county prison for a period not exceeding 30 days.