No person shall engage in any temporary retail business within the Township
of Montgomery without first having obtained a license as herein provided or
without first complying with all applicable Township regulations established
for a permanent retail business.
As used in this chapter, the following terms shall have the meanings
indicated:
PERSON
Any natural person, association, partnership, firm, organization
or corporation. The singular shall include the plural, and the masculine shall
include the feminine and the neuter.
RELIGIOUS ORGANIZATION
Applies to any duly constituted religious organization or any group
affiliated with and forming an integral part of said organization, no part
of the net income of which inures to the direct benefit of any individual,
and which has received a declaration of current tax-exempt status from the
government of the United States.
[Added 6-22-1992 by Ord.
No. 92-1]
TEMPORARY RETAIL BUSINESS
Includes the entering into, beginning or carrying out of any business
for the exhibition, sale or purchase of any goods, wares or merchandise whatsoever
by which a person hires, leases, occupies or uses any room, vehicle, stand,
apartment, store, shop, building, portion of any building space or exterior
retail sales or storage area or any other structure for the exhibition, sale
or purchase of such goods, wares or merchandise within the Township for a
period of 30 days or less.
It shall be the responsibility of the owner or landlord of the business
location being utilized for a temporary retail business use to inform the
applicant that prior to the commencement of the business a temporary retail
business license must be obtained from Montgomery Township.
[Amended 8-22-1983 by Ord.
No. 83A; 6-22-1992 by Ord.
No. 92-1]
A. No license shall be issued under this chapter until the
following fee is paid to Montgomery Township for transmittal to the Township
Treasurer for the general use of the Township:
(1) For temporary retail business, a sum charged per license
application.
(2) Where itinerant (temporary) merchants form a part of
a show which is organized and booked by one or more promoters, the promoter
or promoters thereof shall be responsible for the payment of a license fee
covering all such itinerant merchants, which shall consist of a sum per merchant
for the specific show for which booked and which shall run for a period not
to exceed 30 days. A minimum fee in this case shall also be set.
B. All such fees shall be set by resolution of the Board
of Supervisors from time to time.
C. A temporary holiday season retail business license may be issued to all merchants wishing to operate during the holiday season for a fee as set by resolution of the Board of Supervisors. The holiday season will be considered to be the time period of October 15 through the following January 15. If requested, a merchant will be required to provide a copy of the signed lease from the owner or landlord of the business location being utilized to confirm the period of time the merchant has been approved to operate as a seasonal business at that location. There will be no refunds to merchants who, after issuance of this license, may discontinue operations earlier than January 15. A merchant will not be granted any extensions to this holiday season temporary retail business license. A merchant must terminate retail business operations at the time of the expiration of this license. Any merchant wishing to continue in business beyond this holiday season shall be required to establish the business as a permanent business. As a permanent business, it shall be subject to all business taxes as required under Chapter
209 of the Code and shall be required to obtain a use and occupancy permit for its permanent location as required by the Montgomery Township Zoning Ordinance, Chapter
230 of the Code.
[Added 7-28-1997 by Ord.
No. 97-81]
Any license issued for the purpose of engaging in a temporary retail
business shall be valid only for a single thirty-day period and is renewable
once only for another 30 days upon payment of the proper fees. After a period
of 30 days of inactivity on the part of the licensee, a new temporary license
may be reissued, which is again renewable only once. At such time as what
would otherwise be determined to be a temporary retail business, as defined
herein, continues for a period in excess of 30 calendar days or 60 days, in
the case of an extension, said business shall no longer be deemed to be a
temporary retail business but shall become permanent and subject to a mercantile
license tax as set forth in Ordinance No. 66 and Ordinance No. 66A, as amended, and shall be required to obtain a use and occupancy permit for
its permanent location as required by the Montgomery Township Zoning Ordinance.
Payment of the license fee under this chapter shall be in lieu of payment
of the mercantile license fee and tax as required under Ordinance No. 66 and
66A, as amended, and in lieu of the fee for a use and occupancy permit as required
under the Montgomery Township Zoning Ordinance; provided, however, that nothing in this chapter shall be construed
to allow a temporary business to operate in violation of any existing public
safety laws or regulations nor any applicable zoning laws, and provided that
the owner of the building or structure in which the business is located must
have a valid use and occupancy permit for that building or structure.
In the event that the party to whom the suspension or revocation notice has been given under §
215-8 finds that his request for reinstatement of license is denied by the Board of Supervisors of Montgomery Township, an appeal may be taken within 30 days of the denial of the reinstatement by the Board of Supervisors of Montgomery Township to the Court of Common Pleas of Montgomery County.
Any application for a license made to the Township Zoning Officer shall
be granted or denied within 72 hours.
Any person to whom a license or permit has been issued hereunder shall
comply with the following rules of conduct:
A. The licensee shall have in his possession at all times
the license issued to him and shall exhibit it in a prominent place upon the
premises.
B. A licensee shall not engage in a temporary retail business
involving a product or service not set forth in the license application.
C. The licensee shall not permit any other person or individual
to have possession of the license card issued to him and shall immediately
report the loss of any license card to the Township.
D. The licensee shall not permit the license card to be
altered or defaced.
E. No licensee shall represent that the license card issued
to him is in any way an endorsement by Montgomery Township of the licensee
or the goods or services which he sells, solicits or peddles.
The following persons shall apply for a license for the purpose of engaging
in a temporary retail business in the Township but shall not be required to
pay a fee:
A. Any person engaged in the sale of goods, wares or merchandise
donated by the owners thereof where the proceeds are to be applied to any
charitable or philanthropic purpose.
B. Any honorably discharged soldier, sailor or marine of
the military service of the United States who procures from the Prothonotary
of Montgomery County a certificate that he is unable to earn a livelihood
by manual labor, and provided that he otherwise complies with the requirements
of the Act of April 8, 1867, P.L. 50, 60 P.S. § 61, as amended.
C. Any person soliciting contributions on behalf of organizations
or nonprofit corporations, which have complied with the provisions of the
Solicitation of Charitable Funds Act, Act of August 9, 1963, P.L. 628, 10
P.S. § 16.1 et seq., as amended, governing solicitations for charitable, benevolent, patriotic
or other purposes, which persons are possessed of a card or other written
evidence of their appointment or authority to solicit for said organization
or corporation and upon proof of compliance with the provisions of the aforesaid
Act.
D. Any person soliciting contributions on behalf of a religious
organization. For the purposes of this chapter, a "religious organization"
shall be defined as any bona fide duly constituted religious institution and
such separate groups or corporations which form an integral part of a religious
institution, provided that such religious institution, group or corporation
is tax-exempt pursuant to the Internal Revenue Code of 1986, no part of its
net income inures to the direct benefit of any individual and its conduct
is primarily supported by government grants or contracts or funds solicited
within its own membership or congregation or fees charged for services rendered.
[Amended 6-22-1992 by Ord.
No. 92-1]
[Amended 6-22-1992 by Ord.
No. 92-1]
Any person found violating any provision of this chapter shall be subject
to a fine, upon conviction in a summary proceeding, of not more than $600
and, in default of payment of said fine, shall be imprisoned in the county
prison for a period not exceeding 30 days.
Nothing in this chapter shall be construed to allow and permit retail
business to be operated in violation of the Montgomery Township Zoning Ordinance and any other applicable local, state or federal laws.