[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-10-1988 by Ord. No. 555; amended in its entirety 8-13-2009 by Ord. No. 880]
As used in this chapter, the following terms shall have the meanings indicated:
CHIEF OF POLICE
The Chief of Police of the Township of Whitemarsh or such other person designated by the Board of Supervisors to administer the provisions of this chapter.
DOCUMENT
Any identification card, document for minors or temporary/transient business license issued pursuant to this chapter.
DOCUMENT FOR MINORS
The document required under the provisions of this chapter for minors under 18 years of age who engage in solicitation, peddling or a temporary/transient business.
IDENTIFICATION CARD
The document required under the provisions of this chapter for persons engaged in solicitation or peddling.
PEDDLING
The activity of any person who, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, carries, conveys or transports goods, wares, services or merchandise for the purpose of selling or offering for sale such goods, wares, services or merchandise and providing immediate delivery thereof. The word "peddling" shall include the words "hawking" and "vending."
SOLICITING
The activity of any person who, traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, seeks, takes or attempts to take contracts or orders for any goods, wares, services, merchandise or subscriptions for future delivery, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether or not he is collecting advance payment on such sales. The term "soliciting" shall also include the following:
A. 
The seeking or taking of contracts or orders for home or other building repairs, improvements and alterations and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for the home;
B. 
The seeking of contributions of money, property or any other items;
C. 
Any activity that directly leads to an act of solicitation as defined in this section.
TEMPORARY OR TRANSIENT BUSINESS
A business conducted from:
A. 
No designated location or site in the Township, but not including those provided for and defined under "peddling" or "soliciting";
B. 
A motel room or other similar location normally rented on a daily or weekly basis; or
C. 
A store or similar location where the business operator has no written lease or the term of the basic agreement is for a period of three months or less.
TEMPORARY/TRANSIENT BUSINESS LICENSE
The document required under the provisions of this chapter for persons engaged in a temporary or transient business.
TOWNSHIP
The Township of Whitemarsh, County of Montgomery, Commonwealth of Pennsylvania.
A. 
No person shall, either in a public or private place or by entering in or upon private property within the boundaries of the Township, without having first registered and obtained an identification document for minors or temporary/transient business license from the Chief of Police or his or her designee:
(1) 
Except as permitted by the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., solicit funds for any charitable purpose or for any other purpose whatsoever;
(2) 
Solicit orders or vend, peddle or hawk any article; or
(3) 
Engage in any temporary or transient business.
B. 
This section shall not apply to:
(1) 
Farmers selling their own products on their own property;
(2) 
Any manufacturer or producer selling or distributing meat and meat products or milk and dairy products;
(3) 
Any person regularly engaged in the distribution of fresh produce;
(4) 
Any person regularly engaged in laundry or dry-cleaning services or distribution of daily or weekly newspapers;
(5) 
Commercial travelers or sales agents selling to dealers or retailers in the usual course of business; and
(6) 
Persons authorized to solicit funds on behalf of volunteer fire companies, volunteer rescue squads and community youth organizations located in the Township or adjacent municipalities.
C. 
Children.
(1) 
Children under 18 years of age who are employed or engaged by any individual, partnership, firm or corporation for the purpose of soliciting funds for any purpose or soliciting orders or vending, peddling or hawking any articles shall not be required to obtain an individual identification document. Said children shall, however, comply with and satisfy the provisions of § 85-12B and C of this chapter.
(2) 
Any individual, partnership, firm or corporation employing or engaging children under 18 years of age shall be responsible for and liable for the actions of such children when engaged in soliciting, vending or hawking.
D. 
All persons engaging in any solicitation, vending, peddling, hawking or temporary or transient business shall comply with the provisions of this chapter, set forth in § 85-3, regarding conduct, whether or not such persons are required to register with the Township or to obtain an identification document or license.
All persons engaging in any solicitation, peddling, vending, hawking or temporary or transient business shall:
A. 
Immediately vacate the premises upon request by the owner, tenant or person in charge thereof; and
B. 
Engage in such activity in a manner so as not to interfere, obstruct or impede the convenience of the public or pedestrian or vehicular traffic; and
C. 
At all times conduct such activity reasonably and with a view toward the safety of the community; and
D. 
At all times conduct such activity in compliance with the provisions of the Whitemarsh Township Zoning Ordinance (Chapter 116).
Any person who seeks to register for the purpose of soliciting funds in the Township (hereafter the "registrant"), except those persons registered with the Department of State pursuant to the Solicitation of Funds for Charitable Purposes Act,[1] shall produce proper identification, with a photograph (unless the registrant is under the age of 16) and shall provide the following information, verified by oath or affirmation, to the Chief of Police, or his or her designee, at the time of making application for the required identification document:
A. 
The full name of the registrant and a local address, if any, as well as a telephone number;
B. 
The permanent address of the registrant;
C. 
For an individual registrant, a statement as to whether or not the registrant has ever been convicted of any crime and if so, when, where, the nature of the offense and punishment or penalty imposed in connection therewith;
D. 
For a partnership, firm or corporation, a statement meeting the requirement of § 85-4C for each person to whom an identification document is to be issued;
E. 
For a charitable organization, a statement meeting the requirement of § 85-4C for each person, not a resident of the Township, to whom an identification document is to be issued;
F. 
A statement sufficient to demonstrate the purpose for which the funds are being solicited;
G. 
A recent photograph in a size specified by the Chief of Police for each person required to be licensed or registered under this chapter.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
Every person who seeks to register for the purpose of taking orders, vending, peddling or hawking of any articles shall produce proper identification, with a photograph (unless the registrant is under the age of 16), and shall furnish the following information, verified by oath or affirmation to the Chief of Police, or his or her designee at the time of making application for the required identification document or document for minors:
A. 
Full name of the registrant and local address, if any, and telephone number;
B. 
Permanent address of the registrant;
C. 
For an individual registrant, a statement as to whether or not the registrant has ever been convicted of any crime and if so, when, where, the nature of the offense and punishment or penalty imposed in connection therewith;
D. 
For a partnership, firm or corporation, a statement meeting the requirement of § 85-4C for each person to whom an identification document is to be issued;
E. 
If different from that of registrant, the name and address of the firm or corporation for or on whose behalf the orders are solicited, or the supplier of the goods involved;
F. 
For an individual registrant, the name of the individual's employer, if any;
G. 
For any individual, firm, partnership or corporation engaging in this activity for profit who employs a minor under the age of 18, the following information shall be provided in addition to the information required by Subsections A through F, above:
(1) 
The name and telephone number of the minor;
(2) 
The permanent address of the minor;
(3) 
The date of birth of the minor;
(4) 
The name, address and telephone number of the parent(s) or legal guardian of the minor; and
(5) 
Evidence that the employer and minor have complied with the applicable sections of the Act of May 13, 1915, P.L. 286, § 1 et seq., 43 P.S. § 41 et seq., as amended.
H. 
The nature of the goods, wares or merchandise offered for sale;
I. 
A recent photograph, in a size specified by the Chief of Police, for all persons required to be licensed or registered under this chapter; and
J. 
Any other information as the Chief of Police may reasonably deem necessary for the proper police protection of the Township.
A. 
Every person who seeks to register for the purpose of engaging in a temporary or transient business shall produce proper identification, with a photograph (unless the registrant is under the age of 16) and shall furnish the following information, verified by oath or affirmation, to the Chief of Police, or his or her designee, at the time of making application for the required license:
(1) 
Full name of the registrant and local address, if any, and telephone number;
(2) 
Permanent address of the registrant;
(3) 
Location of the business and current zoning requirements;
(4) 
For an individual registrant, a statement as to whether or not the registrant has ever been convicted of any crime and if so, when, where, the nature of the offense and punishment or penalty imposed in connection therewith;
(5) 
For a partnership, firm or corporation, a statement meeting the requirement of § 85-4C for each person to whom an identification document is to be issued;
(6) 
If different from that of registrant, the name and address of the firm or corporation for or on whose behalf the orders are solicited, or the supplier of the goods involved;
(7) 
For an individual registrant, the name of the individual's employer, if any;
(8) 
For any individual, firm, partnership or corporation engaging in this activity for profit who employs a minor under the age of 18, the following information shall be provided in addition to the information required by Subsection A(1) through (6), above:
(a) 
The name and telephone number of the minor;
(b) 
The permanent address of the minor;
(c) 
The date of birth of the minor;
(d) 
The name, address and telephone number of the parent(s) or legal guardian of the minor; and
(e) 
Evidence that the employer and minor have complied with the applicable sections of the Act of May 13, 1915, P.L. 286, § 1 et seq., 43 P.S. § 41 et seq., as amended.
(9) 
Any other information as the Chief of Police, or his or her designee, may reasonably deem necessary for the proper police protection of the Township.
B. 
Every person who seeks to register for the purpose of engaging in a temporary or transient business which utilizes an outdoor display of any goods, wares or merchandise offered for sale by said business shall submit the following information, verified by oath or affirmation, along with a copy of the person's application for a temporary or transient business license, to the Whitemarsh Township Zoning Officer:
(1) 
A description of the goods, wares or merchandise to be displayed, including the type of such articles and approximate number;
(2) 
A plan of the premises to be used by the business, drawn to scale, showing the following:
(a) 
The location of the goods, wares or merchandise to be displayed;
(b) 
The location of structures, sidewalks, parking areas and signs; and
(c) 
Such other information as the Zoning Officer shall require in order to determine that the proposed business is in compliance with the Whitemarsh Township Zoning Ordinance (Chapter 116).
Upon satisfactorily furnishing the information required pursuant to §§ 85-4, 85-5 and 85-6 of this chapter, the registrant shall be registered by the Chief of Police or his or designee; however, such registration shall not become effective for a period of 48 hours, during which period the information provided in the registrant's application shall be verified. Upon the expiration of the forty-eight-hour verification period, provided the registrant is found to have met all legal requirements, an identification document, document for minors or temporary or transient business license shall be issued to the registrant as provided in § 85-8 of this chapter.
A. 
Upon approval of the application as set forth in § 85-7 of this chapter, the Chief of Police, or his or designee, shall issue the following documents, where applicable, containing the information specified herein:
(1) 
Identification document.
(a) 
Name of registrant;
(b) 
Address and telephone number of registrant;
(c) 
Gender of registrant;
(d) 
Height and weight of registrant;
(e) 
Color of hair and eyes;
(f) 
A recent photograph of the registrant.
(2) 
Temporary or transient business license.
(a) 
Name of individual, firm, partnership or corporation;
(b) 
Address of individual, firm, partnership or corporation;
(c) 
Nature of goods, wares or merchandise offered for sale.
(3) 
Document for minors. If the individual, firm, partnership, corporation or association is engaging in the soliciting, peddling or temporary or transient business for profit and also employs minors under the age of 18, the Chief of Police, or his or her designee, shall issue, in addition to the identification document or temporary or transient business license, a document setting forth the names, addresses and dates of birth of each such minor who may engage in soliciting orders, peddling or engaging in the temporary or transient business.
B. 
Identification documents shall be issued as follows:
(1) 
If the registrant is an individual, one identification document shall be issued.
(2) 
If the registrant is a partnership, firm or corporation, one identification document shall be issued to each employee identified by the registrant who shall require such documentation for the proper performance of his or duty.
A. 
The issuance of any identification card, document for minors or temporary/transient business license is expressly conditioned on the compliance with all provisions of this chapter.
B. 
Any identification card, document for minors or temporary/transient business license may be suspended at any time by the Chief of Police or his or her designee, should it develop or be shown that the person to whom the document was issued has violated any of the conditions set forth in § 85-3 of this chapter. The first violation shall result in suspension for a period of 30 days; the second violation shall result in suspension for a period of 60 days; and subsequent violation shall result in revocation of said document.
C. 
Any document issued under this chapter may be revoked at any time by the Chief of Police, or his or her designee, should it develop or be shown that the registrant furnished false information in his application or should the registrant be arrested or convicted for a crime involving moral turpitude after the issuance of the document. The document may also be revoked if the registrant is arrested or convicted for disorderly practices while pursuing the activities for which the document was issued and required. Revocation may also occur as provided in Subsection B of this section. Any document revoked because of the arrest pursuant to this section shall be immediately reissued following acquittal or dismissal of the charges upon which the arrest was made.
D. 
At the time of the suspension or revocation of any document issued pursuant to this chapter, written notice shall be given to the holder of said document as to the cause of the suspension or revocation. Any person whose document is suspended or revoked may request a prompt hearing before the Board of Supervisors or its designee. In any such hearing the Township shall have the burden of proving the cause of the suspension or revocation.
A. 
All issued identification cards, documents for minors or temporary/transient business licenses shall be valid for a period of 90 days, but the registrant may make application for a new document to be issued at any time after the expiration date of an identification card, document for minors or temporary/transient business license he has previously held; provided, however, that no more than three temporary/transient business licenses shall be issued to the same individual, association, corporation or other entity in any one calendar year.
B. 
No individual, firm, partnership or corporation whose document has been revoked shall be eligible for renewal of the document and no individual whose document has been suspended shall be eligible for renewal during the term of the suspension.
A. 
Upon registration in accordance with this chapter, the registrant shall pay to the Township Finance Director a registration fee as established from time to time by resolution of the Board of Supervisors.
B. 
The fees established by resolution shall be paid upon each renewal of any document.
A. 
No person shall solicit funds or take orders for or vend, peddle, hawk or offer for sale any goods, wares or merchandise within the limits of the Township without having in his possession the identification card or document for minors hereinbefore mentioned.
B. 
Any minor for whom a document for minors is required under § 85-8A(3) of this chapter shall not solicit orders for, or vend, peddle, hawk or offer for sale, any goods, wares or merchandise within the limits of the Township without having in his possession a copy of the document for minors hereinbefore mentioned.
C. 
All other minors for whom a document for minors is not required under § 85-3C of this chapter and for whom an identification card is not required under § 85-2C of this chapter shall not solicit orders for, or vend, peddle, hawk or offer for sale, any goods, wares or merchandise within the limits of the Township without having in their possession a copy of the identification card issued to the individual, partnership, firm or corporation by whom the minor was engaged or employed.
D. 
No person shall engage in any temporary/transient business within the limits of the Township without having it his possession the temporary/transient business license hereinbefore mentioned.
Persons engaging in soliciting or peddling hereunder shall not engage in said activity before the hour of 9:00 a.m., nor after dusk on Monday through Saturday; nor before the hour of 12:00 noon nor after dusk on Sunday.
This Chapter shall not amend or repeal any existing ordinance or resolution now in effect in the Township relating to any permits or licenses now being issued by any other Township officer, but this chapter is in addition thereto.
All fines and penalties recovered under this chapter shall be paid to the Township Finance Director for the general use of the Township.
Any person, firm, partnership or corporation who shall violate any provisions of this chapter, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall 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 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
[Adopted 10-7-2024 by Ord. No. 1043]
As used in this article, the following terms shall have the meanings indicated:
MOBILE FOOD VENDOR
A van, truck, towed trailer, or pushcart, in which food is prepared (and in which prepared foods are transported), sold, or given away at a temporary location, often referred to as a food truck.
RESPONSIBLE PARTY
The person in control of, or having the responsibility for, the operation of a mobile food vendor which may include, but is not limited to, the owner of the mobile food vendor.
A. 
The provisions of this article apply to mobile food vendors engaged in the business of cooking, preparing, and distributing food or beverage with or without charge upon or in public and private restricted spaces.
B. 
Mobile food vendors are prohibited in residential districts as said term is defined in Chapter 116, Zoning, of the Whitemarsh Township Code, and in other districts on properties used exclusively for residential purposes. Mobile food vendors may be permitted on any property with an approved special events permit.
A. 
It is unlawful for any person to operate a mobile food vendor within the Township as a responsible party, as defined in this article, without having first obtained a permit from the Township for that purpose.
B. 
Each mobile food vendor must comply with all federal, state and local licensing requirements, including but not limited to, the Montgomery County Health Department, as well as all other permitting regulations.
C. 
Each responsible party shall prominently display all required permits on the mobile food vendor.
D. 
Persons operating under a special event permit issued by the Township are exempt from the permit required by this § 85-19.
E. 
All mobile food vendors must be inspected by the Whitemarsh Township Fire Marshal's Office prior to operation within Whitemarsh Township.
F. 
A certificate of insurance, along with all required endorsements, naming Whitemarsh Township, its officers, employees and agents as additional insureds, to be provided to the Township prior to operation of a mobile food vendor, indicating that the applicant possesses or will obtain public liability insurance in the form of a comprehensive general liability insurance policy with the following minimum limits:
(1) 
$500,000 for each person for bodily injury;
(2) 
$1,000,000 for each occurrence of bodily injury; and
(3) 
$250,000 for each occurrence of property damage;
(4) 
Or $1,000,000 for each occurrence of combined single limit bodily injury and property damage; and if food or nonalcoholic beverages are to be sold or served by the mobile food vendor, such policy shall also include an endorsement for product liability in an amount not less than $500,000. If alcoholic beverages are to be sold or served by the mobile food vendor, the policy shall also include an endorsement for liquor liability in an amount not less than $500,000.
G. 
Responsible parties can begin setting up mobile food vendors at 6:00 AM and begin operations at 7:00 AM. Mobile food vendors must be done operations by 10:00 PM and be off the premise by 11:00 PM.
A. 
Permits shall be issued on an annual basis.
B. 
Permits are required to be renewed prior to the expiration date.
C. 
Permits are not transferable.
D. 
Permits are subject to spot checks by the Whitemarsh Township Fire Marshal's Office. Should any item be found deficient during a spot check, the permit can be revoked.
A. 
Any responsible person wishing to operate a mobile food vendor in Whitemarsh Township shall submit a completed application to the Whitemarsh Township Fire Marshal's Office and obtain a Mobile Food Vendor permit issued by the Township.
B. 
The applicant shall truthfully state, in full, all information requested on the application for a permit. The application for a permit shall be accompanied by a fee to be established by resolution of the Board of Supervisors, which fee may be amended from time to time by the Board of Supervisors.
A. 
All mobile food vendors are required to be inspected prior to operating in Whitemarsh Township.
B. 
The mobile food vendor inspection checklist includes the following (if applicable):
(1) 
Permit obtained from Whitemarsh Township;
(2) 
Valid Montgomery County Department of Health certificate;
(3) 
Vehicle is not blocking fire hydrants or fire department connections;
(4) 
Vehicle is not blocking egress;
(5) 
Vehicle is at least 15 feet away from buildings and other vehicles;
Cooking Appliances;
(6) 
If equipped with cooking equipment that produce grease-laden vapor, a mobile food vendor shall be equipped with a Type I kitchen exhaust hood;
(7) 
Type I cooking hoods shall be equipped with a suppression system that is inspected every six months;
(8) 
The cooking hood shall be cleaned every six months or more frequently depending on the use and grease accumulation;
(9) 
Each Mobile Food Vendor shall be equipped with a 2A (4lb) fire extinguisher that is inspected annually;
(10) 
If equipped with a Type 1 cooking hood, a mobile food vendor shall be equipped with a Class K fire extinguisher that is inspected annually;
(11) 
Cooking oil containers shall have a maximum aggregate volume of not more than 120 gallons and shall be stored in such a way as to not be toppled or damaged during transport;
(12) 
If equipped with a cooking oil storage tank, such tank shall be listed for its use;
(13) 
All cooking equipment must be listed for commercial use;
Fuel
(14) 
All fuel sources and fuel containers shall comply with NFPA 58, NFPA 96, and the 2018 International Fire Code.
An application for a permit pursuant to this article shall be accompanied by a fee in an amount established by resolution of the Whitemarsh Township Board of Supervisors. Permits may be renewed yearly.
Any person who violates any provision of this article shall, upon a finding of guilt by a Magisterial District Judge, be sentenced to pay a fine of not less than $1,000 per provision violated. Each day that a violation continues shall constitute a separate offense. Failure to pay any fine imposed under this article shall result in imprisonment for up to 30 days.