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.
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.