[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. 
As used in this chapter, the following terms shall have the meanings indicated:
FOOD TRUCK/STAND
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]
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
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.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
SOLICITING
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.
SOLICITOR
Any person who shall engage in soliciting as herein defined.
TRANSIENT RETAIL BUSINESS
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]
TRANSIENT RETAIL DEALER
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:
(1) 
A copy of mercantile license issued by the Township Tax Collector.
(2) 
A letter or receipt from property owner where transient merchant is to operate proving said applicant has permission to be on private property.
(3) 
A copy of state sales tax certificate.
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:
A. 
East Third Street.
B. 
Washington Boulevard.
C. 
Lycoming Creek Road (U.S. Route 15).
D. 
River Avenue.
E. 
Westminster Drive.
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.