[HISTORY: Adopted by the Board of Supervisors of the Township
of Derry as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-4-1973 by Ord. No. 1973-3]
This article shall be known as the "1973 Township of Derry Transient
Retail Business Licensing Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation,
company or any organization of any kind.
The Supervisors of the Township of Derry, Mifflin County,
Pennsylvania
The Township of Derry, Mifflin County, Pennsylvania.
The Secretary of the Township of Derry, Mifflin County, Pennsylvania.
Every person, whether principal or agent, entering into, beginning,
or desiring to begin a transient retail business in the Township of
Derry, for the sale of any goods, wares, or merchandise, whatsoever,
or whoever solicits funds for any purpose whatever, door to door,
or who hires, leases, occupies, or uses any room, apartment, store,
shop, building, railway car or other place or structure for the exhibition
or sale of such goods, wares, or merchandise, shall before entering
into such business obtain a license from the Township of Derry. This
article shall apply to such transient retail businesses regardless
of whether such business is conducted from vehicles, by house to house
solicitation, by telephone, or from any storeroom, apartment, dwelling
or building whatsoever or from any other fixed position within said
Township.
A.
Application for the required license shall be made with the Secretary
of the Board of Supervisors. The application shall be upon a form
provided by the Township Secretary and shall contain at least the
following information:
(1)
The full name of applicant and local address, if any.
(2)
The applicant's permanent address.
(3)
The name of employer or statement that such applicant is self-employed.
(4)
The nature of the goods, wares, services or merchandise offered for
sale.
(5)
A statement as to whether or not the applicant has ever been convicted
of any crime. If the answer is in the affirmative, the nature of the
offense or offenses and the punishment imposed thereon.
(6)
Type of vehicle to be used, if any. Include make, license plate,
name of registered owner, name and operator's number of any operators.
(7)
Upon request, the applicant shall also submit to fingerprinting and
furnish a photograph.
B.
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be given
for each helper, and an individual license shall be required for each
helper. No license under this article shall be transferable from one
person to another.
C.
Upon investigation and approval of the Chief of Police of Derry Township and payment of a license fee in the amount of $25, an official license shall be issued and, unless revoked, entitle the licensee to engage in the activities described in § 163-3 hereof for a period of 30 days.
D.
Licenses for additional thirty-day periods each require new applications
and the paying of an additional license fee for each period.
A.
Such license when issued shall state the products to be sold or services
to be rendered by the licensee. Every licensee when engaged in his
business or activities within the Township shall carry said license
upon his person, and shall exhibit the same upon request of all police
officers, Township officials and citizens. No licensee shall engage
in selling any product or service not mentioned on such license.
B.
The licensee shall not permit any person to have possession of his
official license and shall immediately report its loss to the Township
Secretary and shall not cause or permit the same to be altered or
defaced.
The following conduct of the licensee shall be grounds for revoking
the said license:
A.
Entering or attempting to enter any dwelling house or other structure
without the invitation or permission of the occupant or not immediately
leaving any premises upon request of the occupant.
B.
The licensee representing his license to be an endorsement of himself
or of goods and services of his principal of employer by the Township.
C.
Misrepresentation or false statement in the course of the licensee's
business.
D.
Conviction of a crime involving moral turpitude or any violation
of this article.
E.
Any conduct of the licensee in an unlawful manner or in such manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
A.
Any license hereafter issued may be revoked or denied by the Board of Supervisors upon the failure of the licensee to comply with § 163-5 or § 163-6 hereof or upon ascertainment that the licensee has made any false statement in his application for license hereunder. Notice of revocation shall be given by written notice, personally served or sent by registered mail to the address designated for this purpose in the application for license.
B.
The licensee shall immediately surrender his license card upon revocation
thereof.
Any person whose license has been revoked shall be entitled
to appear with counsel, if he so desires, before the Board of Supervisors
at a regular or special meeting and be heard in behalf of a reinstatement
of his license.
The provisions of this article shall not apply to the following:
A.
Farmers engaged in selling of the produce of their farms by trucks
or other vehicle.
B.
Persons soliciting contributions on behalf of organizations or nonprofit
corporations exempt in the provisions of or duly registered pursuant
to the Act of 1925, May 13, P.L. 644, as amended.[1]
[1]
Editor's Note: See now 10 P.S. § 162.1 et seq.,
the Solicitation of Funds for Charitable Purposes Act.
C.
Any manufacturer or producer of the sale of bakery products, meat
products, milk products or similar food products, such as ice water
confections or anyone who shall be engaged in the distribution of
newspapers.
D.
Any salesman who solicits trade from wholesale and retail dealers
in the Township of Derry.
E.
Any salesman duly authorized to represent an insurance company which
is properly authorized and licensed to do business within the Commonwealth
of Pennsylvania.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to 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, and each section of this article that is violated shall also
constitute a separate offense.
