[HISTORY: Adopted by the Board of Supervisors of the Township of Derry 12-7-1993 by Ord. No. 369. Amendments noted where applicable.]
Peace and good order — See Ch. 137.
This chapter shall be known and may be cited as the "Derry Township Transient Retail Business Ordinance."
This chapter is adopted pursuant to and under the authority of the Act of May 1, 1933, P.L. 103, as amended and supplemented, being known as "The Second Class Township Code."
As used in this chapter, the following terms shall have the meanings indicated:
- License, permit or registration.
- Any person who shall engage in peddling as hereinabove 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; or from house to house; or by visitation to private residences; or by entering in or upon private property within the said Township.
- Includes any natural person, partnership, association, firm or corporation.
- Any person, as defined hereinabove, who organizes the gathering of five or more persons, as defined hereinabove, engaged in transient retail business.
- The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property within the Township of Derry, and shall further mean seeking or taking of contracts or orders for home or other building repairs, improvements and alterations; and also orders or contracts for new mechanical, electrical, plumbing, or heating device or equipment for houses, or other building improvements or repairs upon or from the places aforesaid within the Township.
- Any person who shall engage in soliciting as hereinabove defined.
- A period of time of 30 consecutive days or less.
- (1) Includes the following:
- (a) Engaging in peddling, canvassing, soliciting or taking of 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 Derry.
- (b) Selling, peddling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Township of Derry, 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. Flea markets are specifically included as a transient retail business.
- (2) "Transient retail business" shall not include sidewalk sales conducted by merchants on the sidewalks in front of their establishments provided that the regular business of such merchants are nontemporary in nature and fixed in location at their said addresses.
- (3) "Transient retail business" shall in no event include business conducted by persons having a nontemporary place of business within Derry Township or business conducted by a resident of Derry Township, whether or not such business would otherwise be characterized as transient retail business hereunder. This exclusion shall also apply to the agents, employees and/or helpers of such persons.
- TRANSIENT RETAIL MERCHANT
- A person engaging in a transient retail business activity, including agents and employees thereof.
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.
No license or permit shall be required and no fee shall be charged under this chapter:
To farmers selling their own products.
For the sale of goods, wares and merchandise donated by the owners thereof, the proceeds of which are applied to any charitable or philanthropic purpose.
To any manufacturer or producer in the sale of milk or milk products, bread and bakery products or meat and meat products.
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
To persons, their agents or employees, who have complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, December 19, 1990, P.L. 1200, No. 202, 10 P.S. § 162.1 et seq., as amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
To any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
To the collection or delivery of laundry or day cleaning.
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or represent the Boy Scouts or Girl Scouts or similar nonprofit organizations, the proceeds of which are provided to such nonprofit organizations.
Any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares, services or merchandise not so exempted shall be subject to the application requirements and payment of the license fee fixed by this chapter for such person's activities in connection with a transient retail business, peddling, canvassing, soliciting or taking orders for goods, wares and services merchandise, not included in such exempted categories.
Every person desiring to engage in any transient retail business, soliciting or peddling in the Township of Derry shall first file application with the Police Department of the Township of Derry together with the license fee herein established. If such person shall also be required to obtain a license from any County officer, he shall, on making such application, exhibit a valid County license. The said application shall be upon a blank provided by said Township police and shall contain at least the following information verified and made subject to penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities:
Full name of the applicant and local address, if any.
Name of employer or a statement that such applicant is self-employed.
The nature of the goods, wares, services or merchandise offered for sale.
A statement as to whether or not the applicant has ever been convicted of any crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed therefor.
The type and plate number of vehicle to be used, if any.
The date on which transient retail business activities will commence and the date on which such activities will terminate.
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph.
Provided, where a person makes application for himself and one or more agents, employees and/or helpers, all applicable personal information specified above shall be given for each agent, employee and helper and verified by oath or affirmation by him.
Every license granted under the provisions of this chapter shall be granted on an individual basis to persons engaging in such business and every individual shall be licensed, in his or her name, and the fee hereby imposed shall be applicable as set forth hereinafter.
A promoter who organizes and coordinates five or more persons engaged in transient retail business shall, on behalf of such persons, apply for and obtain the license required by Subsection A, above, in which case such license shall be approved for each such person in his or her name, for which a fee in the amount set forth hereinafter shall be imposed and paid by the promoter at time of application.
Every person, as defined herein, who rents a lot, parcel or space or otherwise grants a license or privilege to a transient retail business, or transient retail merchant to conduct transient retail business activities, on land and/or in buildings or structures owned by, or leased to, said person renting or granting said license or privilege to conduct transient retail business activities, shall obtain a license for or shall ascertain that each transient retail business and transient retail merchant has been licensed as required by this chapter, before renting said lot, parcel or space or otherwise granting a privilege or a license to conduct transient retail business activities thereon or therein.
In case of any person desiring to engage in a transient retail business by working without compensation for the sole benefit of a nonprofit corporation, or in the case of a promoter representing five or more such persons, such person or promoter may make written application to the Board of Supervisors, setting forth the names and addresses of all persons who shall be so engaged in a transient retail business with him or her, and if such application shall be approved by the Board of Supervisors, a license may be granted by the Township Manager (or his or her delegate) without fee, covering all such persons, which authorization shall be valid on the day or days designated under the terms of this authorization as granted.
Subject to § 196-7, below, all applications for licenses, together with license fee and the results of the police investigation hereinafter required, shall be transmitted by the Township police to the Township Manager who shall license such applicant unless he shall determine that issuance would be detrimental to the health, safety and/or welfare of the citizens of Derry Township for a reason specified in § 196-13, below. The Manager shall make such additional investigations, including the securing of additional information from the applicant, as shall be reasonably necessary and relevant to such determination. The Manager shall either license the applicant or send a notice of rejection of the application to the applicant within 10 days after the date on which the application is filed with the Township police. Notice of rejection shall state the reason or reasons therefor.
In the event that any person, or the promoter acting in his behalf, is unable to obtain a license in the manner provided in § 196-6 hereof as a result of justifiable time constraints or any other reasonable cause, the Derry Township Police Chief or his designee may issue a license to such person upon the filing by such person of an application for a license together with the license fee herein required, if any, unless he determines that the application of such person should be rejected for a reason specified in § 196-13, below. Notwithstanding anything contained herein to the contrary, substitutions may be approved by the Police Chief or his designee upon the same terms and conditions, except that the applicable license fee may be waived in the discretion of the Police Chief or his designee.
Upon receipt of such a application, the Derry Township Police Department may cause such investigation of the applicant's business or organization and moral character to be made as is deemed necessary for the protection of the public welfare.
No application shall be accepted and no license shall be approved under this chapter until the license fee or fees shall be paid to the Township, for the use of the Township. Applications shall be filed for all persons who conduct transient retail business activities and shall apply where an employer desires to secure licenses for his employees, agents and/or helpers. The license fee(s) shall be as follows:
For those persons conducting transient retail business activities from a fixed location on a specific lot, parcel or space, the license fee is hereby established as follows:
For applications received at least 30 calendar days prior to the date on which transient retail business activities are to commence, the fee shall be $1 for each lot, parcel or space upon which transient retail business activities take place;
For applications received at least two working days (i.e. Monday-Friday) but less than 30 calendar days prior to the date on which transient retail business activities are to commence the fee shall be $15 each for such lot, parcel or space;
For applications received less than two full working days (i.e. Monday-Friday) prior to the date on which transient retail business activities are to commence, the fee shall be $25 for each such lot, parcel or space.
For those persons conducting transient retail business activities throughout a particular site or building without a fixed location on a specific lot, parcel or space, the license fee is established, as follows:
For applications received at least 30 calendar days prior to the date on which transient retail business activities are to commence, the fee shall be $1 for each person conducting such transient retail business activities;
For applications received at least two working days (i.e. Monday-Friday) but less than 30 calendar days prior to the date on which transient retail business activities are to commence the fee shall be $15 for each such person conducting such transient retail business activities;
For applications received less than two full working days (i.e. Monday-Friday) prior to the date on which transient retail business activities are to commence, the fee shall be $25 for each such person conducting such transient retail business activities.
For those persons conducting transient retail business activities throughout the Township of Derry, i.e. having no fixed location at a particular site or building, or on a specific lot, parcel or space including, but not limited to, street vendors or door to door salespersons, the license fee is established at $15 for each such person conducting such transient retail business activities.
The license granted pursuant to § 196-9A and B of this chapter shall be valid for the calendar year for which it has been approved. There will be no proration for applications submitted for less than a full calendar year. The application should specify the calendar year for which the applicant desires the license to be approved.
The license grated pursuant to § 196-9C of this chapter shall be valid for the month for which it has been approved. There will be no proration for applications submitted for less than a full calendar month. The application should specify the calendar month for which the applicant desires the license to be approved.
No transient retail merchant shall engage in selling any product or service not mentioned on his or her application for a license.
No person engaging in any transient retail business when working from house to house, shall engage in such business upon any day of the week prior to 9:00 a.m. or after 7:00 p.m. 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.
Licenses may be denied, and licenses approved under the terms of this chapter may be revoked, by the Township Manager (or his or her delegate) for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for authorization.
Fraud, misrepresentation or false statement made in the course of the business of the person authorized or seeking authorization.
Any violation of this chapter.
Conviction of a crime involving moral turpitude.
Past or present 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.
No person licensed under this chapter shall park any vehicle upon any of the streets, highways or alleys of the Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
No person licensed under this chapter shall occupy any fixed location upon any of the streets, highways, alleys or sidewalks of the Township for the purpose of a transient retail business with or without any stand or counter.
The Township police shall also keep a record of all licenses issued under this chapter and shall supervise the activities of all holders of such licenses.
No person licensed under this chapter shall hawk or cry his wares or services upon the streets or sidewalks of the Township, nor shall he use any recording, electronic or otherwise, nor any loudspeaker, bell, whistle or other device for announcing his services by which the public is annoyed.
Any person aggrieved by the action of the Township Manager (or his or her 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 the Township of Derry. 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 or her 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 and decision made not later than 30 days after the date of such filing.
Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.