[HISTORY: Adopted by the Board of Supervisors of the Township
of North Middleton 3-4-1982 by Ord. No. 82-3; amended in its entirety 10-2-2008 by Ord. No.
2008-05. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "Peddlers,
Canvassers and Transient Retail Business Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context. In this chapter, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include
the feminine and the neuter.
License shall be a tangible document to be carried or possessed
by the licensee at all times when conducting any transient retail
business within North Middleton Township.
New Year's Day, Memorial Day, Easter, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day.
Includes any natural person, partnership, association, firm,
corporation or other legal entity.
Any person who organizes the gathering of five or more persons
engaged in transient retail business.
Includes the following:
Engaging in peddling, canvassing, soliciting or taking orders,
either by sample or otherwise, for any goods, wares or merchandise,
upon any street or alley, sidewalk or public ground, or from house
to house, within the Township of North Middleton; and
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed location within the Township, on a temporary
basis, which shall include, but shall not be limited to, such activities
conducted at the time of special occasions or celebrations, for seasonal
purposes, or for or in advance of specific yearly holidays or legal
holidays.
Transient retail business shall not apply to:
Farmers selling their own produce.
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.
Children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like for
any school-approved activity or who represent the Boy Scouts or Girl
Scouts or similar organizations or nonprofit groups.
A person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
Transient retail business shall not include sidewalk sales when
held by authority of the ordinance governing the same.
A.
No person shall engage in any transient retail business within the
Township of North Middleton without first having obtained from the
Police Chief or his delegate authorization to do so, for which the
following fees, which shall be for the use of the Township, shall
be charged, to be set from time to time by resolution of the Board
of Supervisors for each category below:
C.
Any person dealing in both exempt categories and nonexempt categories
of goods shall be subject to the payment of the authorization fee
fixed by this section for his activities in connection with peddling,
canvassing, soliciting or taking orders for goods, wares and merchandise
not in such exempted categories.
D.
The Board of Supervisors, or their designated agent or representative,
may similarly exempt from payment of the authorization fee, but not
from registering, persons working without compensation and selling
or taking orders for goods, wares or merchandise for the sole benefit
of any nonprofit corporation.
E.
Every authorization granted under the provisions of this chapter
shall be granted on an individual basis to persons engaging in such
business; every person shall obtain an authorization, granted in that
person's name, and the authorization fee hereby imposed shall
be applicable to every such authorization.
A.
In lieu of the requirements imposed by § 146-3 of this chapter, a promoter representing five or more persons engaged in transient retail business may, on behalf of such persons, obtain the authorization provided for in § 146-3 of this chapter, in which case such authorization shall be granted to such promoter in his name, for which the following fees, as may be set by resolution of the Board of Supervisors from time to time, and which shall be for the use of the Township, shall be charged, for each category below:
Every person desiring to engage in a transient retail business
within the Township shall first make application to the Police Chief
or his delegate for authorization on a form to be furnished by the
Township. The application, when completed, shall be verified by an
oath or affirmation. Where a person makes application for himself
and one or more other persons, an application form shall be completed
for each person, even in the case of a promoter. The required fee
of $10 per person for the PSP patch background check shall accompany
the application. A receipt shall be issued in return for each fee.
Such receipt is not and shall not ever constitute a permit.
A.
Upon receipt of such application, the Chief of Police or his delegate
shall cause such investigation of the applicant's business or
organization and moral character to be made as he deems necessary
for the protection of the public welfare. Such investigation may include,
but shall not be limited to, a criminal background check and verification
of employment.
B.
If, as a result of such investigation, the applicant's business
or organization or moral character is found to be unsatisfactory to
ensure the protection of the public health, safety and welfare, the
Chief of Police or his delegate shall endorse on such application
his disapproval and his reasons for the same, and return said application
to the applicant.
C.
All applicants for selling hot, cooked or prepared food for public
consumption shall obtain and present for review adequate licensing
from the Pennsylvania Department of Health for operation of such food
vending, preparation and sale.
D.
If, as a result of such investigation, the business or organization
and moral character of the applicant are found to be satisfactory,
the Chief of Police or his delegate shall endorse on the application
his approval and record the name of the applicant, date, duration
of authorization, and other data of public interest which he deems
relevant in a book of "Peddling Authorizations Granted," which shall
be available for public inspection at reasonable times. The Chief
or his delegate shall keep a permanent record of all applications
made, authorizations granted, and authorizations refused. No evidence
of authorization shall, however, be issued in tangible form to the
person authorized.
E.
Proof of authorization and permission to occupy any specific location
signed by owner must be presented.
No person engaging in any transient retail business, when working
from house to house, shall engage in such business at any time on
Sundays or official holidays, or upon any other day of the week prior
to 10:00 a.m., prevailing time, and shall cease at sunset or 7:00
p.m., prevailing time, whichever shall first occur, except that this
prohibition shall not apply to any person who shall have made an advance
appointment with a prospective customer for a specific day and hour
or who shall apply for and be approved to operate at other specific
times, which approval shall be noted on the issued permit to be authorized.
Authorization may be denied, or authorizations granted under
the terms of this chapter may be revoked, by the Chief of Police or
his delegate for any of the following causes:
A.
Fraud, misrepresentation, or false statement contained in the application
for authorization;
B.
Fraud, misrepresentation or false statement made in the course of
the business of the person authorized or seeking authorization;
C.
Any violation of this chapter;
D.
Conviction of a crime involving moral turpitude; or
E.
Conduct of a person authorized, or seeking authorization, in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
F.
Failure to comply with all federal, state and local ordinances, including,
but not limited to, Township zoning, signs, setback requirements,
proper ingress/egress, clear site triangles and sufficient parking.
Any person aggrieved by the action of the Chief of Police or
his delegate in denying authorization, or in the decision with reference
to the revocation of authorization, shall have the right of appeal
to the Board of Supervisors of North Middleton Township. Such appeal
shall be taken by filing with the Board, within five days after notice
of the action complained of has been mailed to such person's
last address or otherwise placed in his possession, a written statement
setting forth the grounds for the appeal. The Board of Supervisors
shall set a time and place for a hearing on such appeal, which hearing
shall be held not later than 30 days after the date of such filing.
The Board of Supervisors may take whatever action with respect to
the matter that it deems appropriate and shall have 30 days from the
last hearing on the appeal to provide a written decision.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge 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.
