[HISTORY: Adopted by the Board of Supervisors of the Township of Hilltown 6-27-1994 by Ord. No. 94-4. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 110.
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
TRANSIENT RETAIL BUSINESS
(1) 
Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares, or merchandise upon any street, alley, sidewalk, or public ground, or from house to house, within the municipality; and
(2) 
Selling, soliciting, or taking orders for any goods, wares, or merchandise, from a fixed location within the municipality, 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 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.
No person shall engage in any transient retail business within the municipality without first having obtained from the Chief of the Hilltown Township Police Department, or his designee, a license, for which a fee, which shall be for the use of the municipality, shall be charged, said fee to be in such amount established from time to time by resolution of the Hilltown Township Board of Supervisors.
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) 
To any manufacturer or producer in the sale of bread and baker products, meat and meat products, or milk and milk products.
(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 the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
B. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Chief of the Hilltown Township Police Department or his designee and obtain a license without fee; provided, any person dealing in one or more of the above-mentioned exempted categories, and dealing with 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 on connection with the sale of goods, wares, and merchandise not in such exempted categories. Provided, further, the Chief of the Hilltown Township Police Department or his designee may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of a nonprofit corporation. Provided, further, every license issued under the provisions of this chapter shall be issued on an individual basis to any person or 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, except that a representative of a charitable organization may obtain licenses for the applicants, however, each person must apply individually for a photo I.D. card.
Every person desiring a license under this chapter shall first make application to the Chief of the Hilltown Township Police Department or his designee for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:
A. 
His criminal record, if any.
B. 
Name and address of the person by whom he is employed.
C. 
Type of goods, wares, and merchandise he wishes to deal with in such transient retail business.
D. 
Length of time for which license is to be issued; in no event shall any license be granted for more than 90 days.
E. 
Type and license number of the vehicle to be used, if any.
F. 
Proof of registration to collect sales tax in the Commonwealth of Pennsylvania. This information will be verified through the Pennsylvania Department of Revenue (No. 270-1780). The Department of Revenue can issue a temporary sales tax identification number for out-of-state merchants.
Upon receipt of such application and the prescribed fee, the Chief of the Hilltown Township Police Department, or his designee, shall conduct a criminal record history check within three days after receiving the completed application. Any false information supplied in the application will be grounds for denial of the license. The Police Department shall issue a photo identification to each applicant after approval by the Chief of Police or his designee. This photo I.D. must be carried at all times while soliciting in the municipality. Each licensed applicant shall exhibit such license, upon request, to all police officers and municipal officials, and shall display the photo I.D. card visibly on their person at all times while engaged in transient retail business while in Hilltown Township.
No person in any transient retail 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 the municipality.
C. 
When operating from a vehicle, stop or park such a vehicle upon any of the streets or alleys in the municipality for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
D. 
Park a vehicle upon any of the streets or alleys in the municipality for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.
E. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 5:00 p.m. on any day of the week other than a Sunday or legal holiday.
The Chief of the Hilltown Township Police Department or his designee shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Hilltown Township Board of Supervisors.
The Chief of the Hilltown Township Police Commission or his designee is hereby authorized to deny, suspend or revoke any license issued under this chapter when he deems such denial, suspension or revocation to be beneficial to the public health, safety, or morals, or for violation of any provision of this chapter, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Board of Supervisors at any time within 10 days after such suspension, revocation or denial and a hearing 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.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for 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, and each section of this chapter that is violated shall also constitute a separate offense.