This article shall be known as the "Whitehall
Township Transient Merchant Ordinance."
When used in this subpart, the following words
and phrases shall have the meanings assigned in this section.
EVENT
The occurrence of a promotion, show, sale or offering for
sale services or merchandise or the display of wares for sale or the
exhibition of items for sale or demonstrations. Such event shall be
further defined as follows:
A.
Nonselling/no admission event. An event at which
the primary purpose is to display, demonstrate or advertise a good
or service where no admission is charged for viewing or participating
in the event. An example of this type of event would be a home show
in a mall where the purpose is clearly advertising but not immediate
sale of items or services displayed.
B.
Nonselling/paid admission event. This type of
event would be a show or display of any individual or group of exhibitors
or promoters that display their goods or services without selling
them, but an admission fee is charged at the gate or door to enter.
C.
Selling/no admission fee event. This type of
event includes the display or arts, crafts, goods or services with
the intent to sell same. Examples of this type of event would be a
craft show or hobby show where individuals or promoters displayed
wares or services with the intent to have them purchased.
D.
Selling/paid admission event. An event which
would charge admission to enter the display or show area, where goods,
wares, services or tickets for future events would be displayed with
the intent of selling same.
E.
Single vendor/transient merchant event. A vendor
which sets up a temporary business and sells a product or service
within the Township on a temporary basis. Examples of this type of
event would include a fur show within a motel, sales from trucks,
sales in parking lots or rented space areas or other circumstances
under which a single vendor displays or promotes goods or services
with the intent to sell.
F.
Nonprofit sale or display. An event at which
a nonprofit group would sell or display goods or services for advertising,
public recognition or selling purposes. Examples of this type of event
would be Girl Scout cookie sales, church bake sales, charity solicitations,
school club car washes or events sponsored by a nonprofit entity as
certified by the Commonwealth of Pennsylvania.
G.
Educational/seminar/meeting events. Events which
are primarily for the purpose of advertising, promoting, educating
or providing a service to person who attend, whether or not admission
is charged. Examples of this type of event would include smoking cessation
classes, real estate marketing classes, regional meetings or a sales
force for network marking groups or group solicitations whether or
not a fee is charged at the gate.
H.
Paid amusement events. Those events which would fall under the category of the Amusement Tax Ordinance (Chapter
24) where a gate admission is charged.
OWNER OF REAL PROPERTY
The person which has the present legal right to possess or
occupy the property, whether through fee simple title, lease or otherwise.
PERSON
Without limitation, an individual, a partnership, an association,
a corporation and a trust.
PROMOTER
A person who organizes, coordinates or sponsors a gathering
(a "promotion") of two or more transient merchants and/or nonselling
exhibitors to conduct their transient businesses at a single location,
two or more adjacent or connected locations, or two or more locations
associated with or advertised as a part of a single coordinated event
or a person who sells, promotes or attempts to sell a product or service
within the Township in a "transient business." If one person sponsors
a promotion and another person is requested to organize, coordinate
or sponsor two or more transient merchants to conduct their transient
businesses as a part of the larger promotion, both persons shall be
considered a "promoter."
SELLING
A mercantile transaction involving the exchange of cash or
credit for merchandise, services or anything of value or the contracting
for same, either written or oral, with expectation of delivery or
performance at a future date.
SERVICES
Includes, without limitation, the performance of a personal,
commercial or professional service or the furnishing of a right to
participate in an amusement or other activity.
TOWNSHIP
The Township of Whitehall, Lehigh County, Pennsylvania, a
Pennsylvania home rule charter municipality and municipal corporation.
TRANSIENT BUSINESS
A temporary or seasonal business of selling, contracting
for, delivering and/or providing goods, wares, merchandise or services
within the Township, or that portion of a business which involves,
on a temporary or seasonal basis, the selling contracting for, delivering
and/or providing of goods, wares, merchandise or services within the
Township, provided that one or more of the transient merchants engaged
in such business hires, leases, uses or occupies any building, structure,
motor vehicle, tent, railroad box car, hotel, motel, lodging house,
apartment, shop, mall, street, alley, parking lot or any other place,
for the exhibition for sale, sale or provision of such goods, wares,
merchandise or services, either privately or at public sale or auction.
TRANSIENT MERCHANT
Any person who engages in a transient business, whether as owner, agent or consignee and whether or not a resident of the Township. The person so engaged shall not be relieved from complying with the provisions of this subpart merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant, auctioneer or trade association. Notwithstanding the preceding sentence, the term "transient merchant" shall not include any merchant who is exempt from the provisions of this subpart under §
13-40A or by a statute of the Commonwealth of Pennsylvania.
TRANSIENT MERCHANT FEE
The fee paid by a transient merchant or a promoter on behalf of a transient merchant involved in the promoter's event, where the transient merchant has not obtained a business privilege license and is not exempt as set forth in §
13-40 of this article. The transient merchant fee shall be in an amount as may be established from time to time through resolution of the Commissioners.
[Amended 8-8-2005 by Ord. No. 2578]
VALUE
That price for which goods, wares, merchandise or services
were sold by the transient merchant, or in the case of a controversy,
that price of goods as estimated by the Township Treasurer or his/her
designee.
Each transient merchant license issued under
this article shall be posted conspicuously at the place of business
indicated therein.
No licensee under this article, nor anyone in
his behalf, shall shout, make an outcry, blow a horn, ring a bell
or use any other sound device, including any loud speaking radio or
amplifying system, upon any of the streets, alleys, parks or other
public areas of the Township of Whitehall, or upon any private premises
in the Township where sound of sufficient volume is emitted or produced
therefrom capable of being plainly heard upon the streets, avenues,
alleys, parks or other public areas of the Township or inside any
residential dwelling unit in the Township for the purpose of attracting
attention to any goods, wares, merchandise or services which such
license proposes to sell.
The Township Treasurer shall maintain all records
associated with the requirements of this article and shall dispose
of outdated records only in accordance with Township record destruction
policy.
The Township Treasurer may revoke any license
issued under this article if the licensee fails to comply with the
provisions of this article or violates any laws, court orders, regulations
or Township ordinances in connection with the transient business or
promotion covered by his license.
[Amended 8-8-2005 by Ord. No. 2578]
Any person who shall violate any of the provisions
of this article, or shall willfully file a false application or statement
under this article and any officer, member, general partner, trustee
or similar official of an entity which shall violate any of the provisions
of this article, shall, upon conviction thereof, 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 30
days. Each day that a violation of this article continues shall constitute
a separate offense. The Township shall also retain all other legal
and equitable remedies available to enforce the provisions of this
article.