[HISTORY: Adopted by the Board of Supervisors of the Township of Westtown as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-18-1985 by Ord. No. 85-4]
In order to protect the health, safety and general welfare and to secure the safety of persons and property of the citizens of the Township of Westtown, Chester County, Pennsylvania, by requiring persons engaged in a transient retail business to conduct their activities in a proper manner and further, in order to obtain positive identification of persons who shall so engage in the township, the Board of Supervisors of said township does hereby enact and ordain this article.
From and after the effective date hereof, it shall be unlawful for any person, whether acting on his own behalf or as the agent, servant and employee of other persons not exempted by the provisions of § 119-7 hereof, who is not the holder of a valid and unexpired license issued pursuant to this article to conduct a transient retail business, which shall mean to engage in selling, purchasing or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description, or in soliciting contributions, gifts or pledges of money or any other thing of value, by visitation to private homes or residences or on the public streets or highways within Westtown Township; or to engage in selling, soliciting or taking orders for any goods, wares or merchandise, from a fixed location within Westtown Township, 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 or in advance of specific yearly holidays. Nothing herein shall extinguish or modify the requirements placed on persons engaged in refuse collection or the service of septic systems or other township ordinances of Westtown Township; the same are intended to continue in full force and effect.
Any person, not exempted by § 119-7 hereof, desiring to obtain a license to engage in the activities described in § 119-2 hereof, shall make application therefor in person to the Township Secretary.
The applicant shall submit, over his signature, the following information, certified by the applicant to be true and correct:
Place and date of birth;
Address to which notices under this article shall be directed;
Name and address of employer or principal, if any, and nature of business or activity thereof;
Nature of business or activity in which applicant wishes to engage with the township;
Statement as to whether the applicant has been convicted in the jurisdiction of any crime other than of minor traffic violations and, if so, of what crime or crimes;
Two current photographs; and
Exhibit county license if required by intended business.
Upon submission of such application and the payment of a license fee in the amount as set from time to time by resolution of the Board of Supervisors for all licenses, there shall be issued to the applicant a license in the form of a card which, unless sooner revoked, shall entitle the licensee to engage in the activities specified on his application for a period of 30 days from the date of issuance; provided, however, that before issuing any license the township police may require 72 hours to confirm information required in Subsection A, and, further, the township police may refuse to issue a license to any person if they have reasonable grounds to believe that the issuance of the license to such person would endanger the health, safety and general welfare of the citizens of the township, and in such case the applicant shall be required to make application in person to the Township Board of Supervisors. All license fees shall be paid to the Treasurer of the township for the use of the township.
Licenses may be renewed by the payment of the license fee as provided for herein and by the submission of a statement that the information supplied on the original application is still true or correct, or that the information supplied on the original application should be amended to reflect any changes since the original application.
Every person to whom a license has been issued pursuant to the provisions hereof shall comply with the following regulations while carrying on business or activities within the township:
He/she shall carry his license card at all times and exhibit it upon request to any peace officer or any person upon whom he/she shall call or with whom he/she shall talk in carrying on his licensed activities.
He/she shall not permit any other person to have possession of his license card and shall immediately report its loss to the Township Police Chief. He/she shall not cause or permit his license card to be altered or defaced.
He/she shall not enter or attempt to enter any dwelling house without invitation or permission of the occupant and shall immediately leave any premises upon request.
He/she shall not represent his license card to be an endorsement of himself or of his goods or services or of the goods or services of his principal or employer.
He/she shall immediately surrender his license card upon revocation of his license as hereinafter provided.
He/she shall conduct his business between the hours of 9:00 a.m. and 8:00 p.m.
Any license issued hereunder may be revoked by the Westtown-East Goshen Police Department for failure of the licensee to comply with any of the regulations set forth in § 119-4 hereof or upon the discovery that the licensee has made any false statements in his application for license hereunder.
Any person whose license has been revoked shall be entitled to appear with counsel, if he/she so desires, before the Board of Supervisors at a regular meeting and be heard on behalf of a request for reinstatement of his license.
The following persons are exempted from the licensing requirements of this article:
Persons soliciting contributions on behalf of organizations or nonprofit corporations exempted from the provisions of or duly registered pursuant to 10 P.S. § 162.1 et seq., the Solicitation of Funds for Charitable Purposes Act, as amended; who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 119-2 hereof, when so engaged; including, without limitation, real estate, insurance or securities, brokers and salesmen.
Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
Any person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the township in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.