[HISTORY: Adopted by the Board of Supervisors
of the Township of Loyalsock 6-26-1984 by Ord. No. 184 (Ch. 6 1/2
of the 1972 Code). Amendments noted where applicable.]
A.
FOOD TRUCK/STAND
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
TRANSIENT RETAIL BUSINESS
TRANSIENT RETAIL DEALER
As used in this chapter, the following terms shall
have the meanings indicated:
A vehicle or a temporary fixed structure utilized to sell
or offer for sale unprepared or prepared food to individual customers.
"Food truck/stand" shall not include a vehicle or stand utilized for
the purposes of catering a private or public event that shall not
last more than one day at a specific location and does not sell food
to individual customers. "Food truck/stand" shall not include a vehicle
that is not in one location for more than 15 minutes at a time.
[Added 5-24-2016 by Ord. No. 375]
Any person who shall engage in peddling as herein 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, from house to house,
by visitation to private residences, or by entering in or upon private
property, including shopping centers, in the township.
Any natural person, association, partnership, firm, organization
or corporation.
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, from house
to house, by visitation to private residences, or by entering in or
upon private property, including shopping centers within the township.
Any person who shall engage in soliciting as herein defined.
Engaging in peddling, canvassing, soliciting or the taking
of orders either by sample or otherwise of any goods, wares or merchandise,
including works or art or photography, upon any of the streets or
sidewalks, from house to house, by vehicle, by telephone, or from
any temporary storeroom, apartment, dwelling or building whatsoever,
or from any other temporary fixed position within the Township. This
shall include the selling or offering for sale of unprepared or prepared
foods from a vehicle or stand.
[Amended 5-24-2016 by Ord. No.
375]
Any person who shall engage in transient retail business
as herein defined.
B.
In this chapter, the singular shall include the plural,
and the masculine shall include the feminine and the neuter.
The terms "transient retail business," "soliciting"
and "peddling" shall not apply to:
A.
Farmers seeking or taking orders for the sale of their
own products;
B.
The seeking or taking of orders by any manufacturer
or producer for the sale of bread and bakery products, meat and meat
products or milk and dairy products;
C.
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;
D.
[1]The seeking or taking of orders by insurance agents or
brokers licensed under the insurance laws of the Commonwealth of Pennsylvania
for insurance;
[1]
Editor's Note: Former Section 6 1/2(d),
which exempted honorably discharged soldiers and which immediately
preceded this subsection, was repealed 8-25-1998 by Ord. No. 274.
E.
Persons, corporations, partnerships and associations,
their agents or employees, who have complied with the provisions of
the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628,
as amended, governing solicitations for charitable, benevolent, patriotic
or other purposes; or
F.
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
Every person, whether principal or agent or
otherwise, prior to commencing transient retail business, soliciting
or peddling within the Township of Loyalsock shall obtain a license
as herein provided.
Every person prior to engaging in a transient
retail business, soliciting or peddling within the Township of Loyalsock
shall first make application to the secretary, Codes Enforcement Officer
or other designated officer of the Board of Supervisors for a license.
If such person shall also be required to obtain a license from any
county officer, he shall, in making such application, exhibit a valid
county license. Final approval or disapproval will be granted within
three days of receipt of application. Individuals with previous convictions
of a felony or misdemeanor may be refused a license at the discretion
of the township representative. An individual license is required
for each employee, assistant or partner of the transient retail business.
No license issued under this chapter shall be transferable from one
person to another. The application shall be upon a blank provided
by the township and shall contain at least the following information
certified by oath or affirmation:
A.
The full name of the applicant and local address,
if any.
B.
Permanent address.
C.
The name of an employer or a statement that such applicant
is self-employed.
D.
The nature of the goods, wares, services or merchandise
offered for sale.
E.
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.
F.
The type and license number of vehicles to be used,
if any.
G.
Upon request, the applicant shall furnish a photograph.
In addition, the applicant must provide the following information
or materials:
No license shall be issued under this chapter
until the proper fee, as set forth from time to time by resolution
of the Board of Supervisors, shall be paid to the Township of Loyalsock
which shall be for the use of the township to defray administrative
and enforcement costs.
Every transient retail dealer, peddler, solicitor
or person or firm engaged in such business shall be responsible for
the payment of wage and income taxes payable by himself or itself
or any employee thereof as a result of income earned within the Township
of Loyalsock, unless otherwise exempt by law, and shall be required
to make a quarterly report and payment to the appropriate Tax Collector
of the Township of Loyalsock. Such retail dealer, solicitor or peddler
shall provide such Tax Collector and the township representative at
the time such transient retailer, solicitor or peddler ceases doing
business within the township of the names and addresses of all such
employees or agents liable to pay such tax, and the amount of earnings
applicable thereto.
Such license, when issued, shall state inter
alia the products to be sold or services to be rendered by the licensee.
Every solicitor, peddler or transient retail dealer shall, at all
times when engaged in soliciting, peddling or business in the township,
carry such license upon his person and shall exhibit it upon request
to all township officials or citizens. No transient deals, solicitor
or peddler shall engage in selling any product or service not mentioned
on such license.
No person licensed as a transient retail dealer,
solicitor or peddler under this chapter shall engage in soliciting
or peddling on any day of the week before 9:00 a.m. or after 8:00
p.m. prevailing time.
No person licensed as a transient retail dealer,
solicitor or peddler 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.
No such person shall place or deposit any refuse on any such streets,
highways or alleys. No such person shall maintain or keep a street
or curbstone market by parking any vehicle upon any street or alley
in the township for any longer than necessary in order to sell therefrom
to persons residing in the immediate vicinity.
No person licensed as a transient retail dealer,
solicitor or peddler under this chapter shall occupy any fixed location
upon any of the streets, highways, alleys or sidewalks of the township
for the purpose of soliciting or peddling with or without any stand
or counter.
No person licensed as a transient retail dealer,
solicitor or peddler under this chapter shall hawk or cry his wares
or services upon any of the street or sidewalks of the township nor
shall he use any loudspeaker, bell, whistle or other device for announcing
his presence by which the public is annoyed. Nor shall said person
use flashing lights to announce his presence.
No person licensed as a transient retail dealer,
solicitor or peddler under this chapter shall occupy, set up or establish
a fixed position within a distance of 30 feet of the right-of-way
line of the following streets:
All such transient retail dealers, peddlers and solicitors shall conform to all other ordinances and regulations of the Township of Loyalsock, including but not limited to Chapter 215, Zoning.
The secretary or designated officer shall keep
a record of all licenses issued under this chapter. The officer designated
by the Board of Supervisors shall supervise the activities of all
holders of such licenses and make a report thereof each month to the
Board of Supervisors.
Any license issued under this chapter may be
suspended at any time by the secretary or designated officer of the
township for violation of any of the provisions of this chapter, or
for giving false information on any application for a license hereunder
or for the applicant or licensee having been convicted of a crime
involving moral turpitude after issuance of such license or for the
licensee having been convicted for disorderly conduct under any law
or the Commonwealth of Pennsylvania or any ordinance of the township.
Appeals from any suspension may be made to the Board of Supervisors
at any time within 10 days after such suspension. No part of a license
fee shall be refunded to any person whose license shall have been
suspended.
[Amended 10-8-1996 by Ord. No. 266; 8-25-1998 by Ord. No.
274]
This chapter shall be enforced by action brought
before a District Justice in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person who violates or permits the violation of this chapter shall,
upon conviction in a summary proceeding, be punishable by a fine of
not less than $100 nor more than $1,000 or by 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. Each section of this chapter that is violated shall also
constitute a separate offense.
