[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.
A.
AUTHORIZATION
LEGAL HOLIDAY
MOBILE MERCHANT BUSINESS
PEDDLER
PEDDLING
PERSON
PROMOTER
SOLICITING
SOLICITOR
TEMPORARY
TRANSIENT RETAIL BUSINESS
(1)
(2)
TRANSIENT RETAIL MERCHANT
As used in this chapter, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
License, permit or registration.
New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas.
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 five hours at the same location.
[Added 10-15-2012 by Ord. No. 2012-15; amended 8-20-2018 by Ord. No. 2018-10]
Any person who shall engage in peddling as herein defined.
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.
Any natural person, partnership, association, corporation
or other legal entity.
Any person, as defined herein, who organizes the gathering
of five or more persons, as defined herein, engaged in transient retail
business.
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.
Any person who shall engage in soliciting as hereinabove
defined.
A period of time of 30 consecutive days or less.
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]
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.
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.
[Amended 5-21-2018 by Ord. No. 2018-05]
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.
Notwithstanding possession of a valid license, no person shall peddle
or solicit or attempt same at any residence that displays a "Do Not
Solicit" sign.
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.
[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]
[Amended 10-15-2012 by Ord. No. 2012-15; 8-20-2018 by Ord. No. 2018-10]
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.
[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.
H.
Solicit or peddle or attempt same to residents who display "Do Not
Solicit" signage. The resident is required to report any violation
by filling out a Township complaint form and providing the violator's
name, address and contact information.
[Added 5-21-2018 by Ord. No. 2018-05]
The Zoning Administrator shall keep a record of all licenses
issued hereunder and shall make a report thereof periodically to the
Board of Supervisors.
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.
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.