[Adopted 6-8-1992 by Ord. No. 1768]
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.
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:
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.
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.
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.
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.
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.
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.
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.
Paid amusement events. Those events which would fall under the category of the Amusement Tax Ordinance (Chapter 24) where a gate admission is charged.
The person which has the present legal right to possess or
occupy the property, whether through fee simple title, lease or otherwise.
Without limitation, an individual, a partnership, an association,
a corporation and a trust.
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."
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.
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.
The Township of Whitehall, Lehigh County, Pennsylvania, a
Pennsylvania home rule charter municipality and municipal corporation.
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.
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.
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]
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.
A.
It shall be unlawful for a transient merchant to engage
in a transient business within the Township of Whitehall without satisfying
at least one of the following conditions:
(1)
Acquisition of a business privilege license from the
tax office of the Township of Whitehall and satisfaction of all requirements
thereof.
(2)
Participation in an event conducted by a promoter
where the promoter has paid all appropriate fees to the Township and
satisfied all conditions of that license.
(3)
Payment of the fee for, and acquisition of, a transient
merchant's license where no promoter for the event has registered
and acquired a license.
B.
It shall be unlawful for any promoter to permit any
person to engage in a transient business as a part of his promotion
unless such promoter has first obtained a promoter's or a business
privilege license and has:
(1)
Paid the transient merchant fee in an amount as may
be set, from time to time, by the Board of Commissioners by resolution
for each transient business which has not obtained a current Whitehall
Township business privilege license.
[Amended 8-8-2005 by Ord. No. 2578]
(2)
Obtained either a business privilege license or a
promoter's license, filed the appropriate forms for each transient
business and otherwise complied with the terms of this article.
C.
Any person obtaining a transient merchant license
shall also be required to comply with all other applicable laws of
the Township, and secure all other necessary approvals for the business
operation, including but not limited to zoning and building code regulations,
and the mere issuance of a transient merchant license shall not imply
compliance with all other Township regulations.
[Added 2-14-2005 by Ord. No. 2538]
A.
Applicants for a transient merchant license required under § 13-34 of this article, who have not already obtained a business privilege license, shall either obtain a business privilege license or shall file a written, certified application with the Township Treasurer, in a form approved by the Township Treasurer, not less than 10 days prior to the commencement of the transient business within the Township. The provision of this information required by this section may be provided by a promoter on behalf of the applicant. Provided, that the promoter has fully satisfied all requirements of the promoter's license.
B.
Unless the transient business is participating in
an event coordinated by a promoter, the following shall apply: If
the applicant is an individual, the application shall be signed by
the applicant. If the applicant is a partnership, the application
shall be signed by a designated managing partner of the partnership
or by a person certifying that he or she has full power and authority
to legally bind the entity. If the applicant is a corporation, the
application shall be signed by the President of the corporation or
one certifying authority to bind the corporation. If the applicant
is another type of entity, the application shall be signed by persons
who, individually or collectively, have authority to bind the entity.
C.
The application shall include all of the following
information:
(1)
The local address of the applicant while engaged in
the transient business.
(2)
The permanent business address of the applicant.
(3)
The name(s) of the individual(s) having the management
or supervision of the transient business during the time that it is
proposed to be carried on within the Township.
(4)
The capacity in which such individual(s) will act
(e.g., as a proprietor, agent etc.).
(5)
If the transient business will be carried on behalf
of any other person(s), the name(s) and address(es) of such person(s).
(6)
If the applicant is a corporation, the jurisdiction
under whose laws the applicant is incorporated and the type of corporation
(e.g., business, nonprofit, etc.).
(7)
The place(s) in the Township where the applicant proposes
to carry on its transient business.
(8)
The period of time during which the applicant proposes
to carry on its transient business.
(9)
The nature, character and quality of the goods, wares,
merchandise or services to be sold or offered for sale by the transient
merchant within the Township of Whitehall.
(10)
Written permission or copy of the rental contract
given by the owner of the property or the promoter where the transient
business is to be conducted (or his authorized agent) which authorizes
the applicant or promoter to conduct such business on his property.
(11)
Such other reasonable information relating to
the identity of the person(s) having the management or supervision
of the proposed transient business, the applicant, or relating to
the method or plan of conducting such business, as the Township Treasurer
may deem proper to fulfill the purposes of this article.
D.
Upon the issuance of a transient merchant license
under this article, the license fee shall be nonrefundable. If an
application for license under this article is denied, or if an applicant
shall withdraw his application prior to the issuance of a license,
the license fee shall be refunded, less $15 for processing the application
and/or conducting an investigation. A license may be refused by the
Treasurer if the application is incomplete, if the fee is not paid
or if the applicant or transient business has outstanding unpaid taxes
due to the Township.
E.
The application shall be accompanied by cash, check
or money order in an amount as set forth, from time to time, by resolution
of the Board of Commissioners. The license shall be valid for 30 days
from the date of issue.
[Amended 8-8-2005 by Ord. No. 2578]
F.
Each license issued shall contain the number of the
license, the date of its issuance, the nature of the business authorized
to be carried on, the amount of the license fee paid, the effective
date and expiration date of the license, the place where said business
may be carried on under the given license and the name(s) of the person(s)
authorized to conduct the transient business at that location.
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.
A.
Applicants for a promoter's license required under § 13-34B of this article shall file a written, certified application with the Township Treasurer, in a form approved by the Township Treasurer, not less than 10 days prior to commencing any activities to organize, coordinate or sponsor a promotion within the Township.
B.
If the applicant is an individual, the application
shall be signed by the applicant. If the applicant is a partnership,
the application shall be signed by a majority of the general partners
or any designated managing partner of the partnership. If the applicant
is a corporation, the application shall be signed by the president
of the corporation. If the applicant is another type of entity, the
application shall be signed by person who, individually or collectively,
have authority to bind the entity.
C.
The application shall include all of the following
information:
(1)
The local address of the applicant while engaged in
the promotion activities.
(2)
The permanent address of the applicant.
(3)
The name(s) of the individual(s) having the management
or supervision of the promotion or the activities or organizing, coordinating
or sponsoring the promotion.
(4)
The capacity in which such individual(s) will act
(e.g., as proprietor, agent, etc.).
(5)
If the applicant is a corporation, the jurisdiction
under whose laws the applicant is incorporated and the type of corporation
(e.g., business, nonprofit, etc.).
(6)
The place(s) in the Township where the applicant intends
to stage the promotion.
(7)
The period of time during which the applicant intends
to stage the promotion.
(8)
The names and addresses of any specific transient
businesses that the applicant will have participating in the promotion
and all other information required on transient merchant license together
with a completed copy of the transient merchant license form.
(9)
Written permission or copy of the rental contract,
given by the owner of the property where the promotion is to be conducted
(or his authorizing agent) which authorizes the applicant to organize,
coordinate or sponsor a promotion on his property.
(10)
Such other reasonable information relating to
the identity of the person(s) having the management or supervision
of the promotion, the applicant, as the Township Treasurer may deem
proper to fulfill the purposes of this article.
D.
The application shall be accompanied by cash or a check or money order in an amount established, from time to time, by resolution of the Board of Commissioners, as a nonrefundable license fee and application fee, except for those applicants exempt from the payment of the license fee and application fee under § 13-40 or by reason of having a current business privilege license.
[Amended 8-8-2005 by Ord. No. 2578]
E.
The application shall be accompanied by an instrument
nominating and appointing the Township Treasurer (or his designee
or any acting Township Treasurer), as the applicant's true and lawful
agent with full power and authority to acknowledge service of process
for and on behalf of said applicant in respect to any matters connected
with or arising out of the promotion conducted under said license,
and waiving all claim or right or error by reason of such acknowledgment
of service or manner of service. Immediately upon receipt of process
upon the Township Treasurer under this section, the Township Treasurer
shall send a copy of said process to the promoter by registered or
certified mail to his last known address.
F.
Upon receipt of an application for a promoter's license
under this section, the Township Treasurer may cause such investigation
to be made to determine whether any taxes are in arrears and to verify
information contained on the application. Each license shall contain
the number of the license, the date of its issuance, the amount of
the license fee paid, the place(s) where the promotion may be conducted,
the date(s) on which the promotion may be conducted and the name(s)
of the person(s) authorized to act on behalf of the promoter in connection
with the promotion.
G.
A separate promoter's license shall be required for
each promotion that the promoter desires to conduct.
H.
Nothing in this section shall relieve the recipient of a promoter's license of the obligation to obtain a transient merchant license under this article if he desires to operate a transient business in connection with his promotion or otherwise or to pay the transient merchant fee for each transient merchant who does not have a business privilege license. The licensee shall also be required to pay the business privilege tax (Chapter 24, Taxation, Article I).
A.
The following persons shall be exempt from the requirements
of paying the transient merchant license fee, but shall still be required
to file the information and forms required at nonexempt entities.
(1)
Pennsylvania state sales tax exempt entities, as evidenced
by a copy of the exemption certificate issued by the Commonwealth
or an entity listed as exempt under a Whitehall Township Business
Privilege License Ordinance.
(2)
A merchant selling goods, wares, merchandise or services
donated by the owner or provider thereof, provided that the proceeds
of the sale are to be applied to a public charity or philanthropic
purpose as such is defined by state statute.
(3)
A merchant selling goods, ware, merchandise or services
as part of a promotion organized, coordinated or sponsored by a purely
public charity exempt from business privilege, sales and local property
tax, provided that the value of the total amount of goods, wares,
merchandise or services sold at the promotion by the merchant does
not exceed $1,000 within a one-year tax period.
(4)
An agency, authority or political subdivision of the
government of the United States or the Commonwealth of Pennsylvania,
including a school district.
B.
The following persons shall be exempt from requirements
of this article to pay a fee for a promoter's license, to the extent
described below, but are not exempt from the requirement to obtain
a promoter's license:
(1)
Pennsylvania state sales tax exempt entities, as evidenced
by a copy of the exemption certificate issued by the Commonwealth
or an entity listed as exempt under a Whitehall Township Business
Privilege License Ordinance.
(2)
An agency, authority or political subdivision of the
government of the United States of Commonwealth of Pennsylvania, including
a school district.
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.
