[Ord. 1985-1, 2/13/1985; as amended by Ord. 1996-3, 8/14/1996,
§ 1]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
New Year's Day, Mother's Day, Good Friday, Easter Sunday,
Memorial Day, Father's Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas.
Any natural person, partnership, association, corporation,
or other legal entity.
Tents, membrane structures or any other structures erected
for less than 30 days.
Engaging in peddling, soliciting, or taking orders, either by
sample or otherwise, for any goods, wares, or merchandise upon any
street, alley, sidewalk, or public ground, or from house to house,
within Kingston Township; or
Selling, soliciting, or taking orders for any goods, wares,
or merchandise, from a fixed location within Kingston Township, on
a temporary basis, which shall include, but not be limited to, such
activities conducted at the time of special occasions or celebrations,
for seasonal purposes, or for or in advance of specific yearly holidays.
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The singular shall include the plural; the plural shall include
the singular; and the masculine shall include the feminine and the
neuter.
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[Ord. 1985-1, 2/13/1985]
No person shall engage in any transient retail business within
the Township without first having obtained from the Township Manager
a license, for which a fee, which shall be for the use of the Township,
shall be charged as provided from time to time by resolution.
[Ord. 1985-1, 2/13/1985; as amended by Ord. 1989-4, 6/13/1989,
§ 1; and by Ord. 1996-3, 8/14/1996, § 2]
No license fee shall be charged:
1.
To farmers selling their own produce;
2.
For 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;
3.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
4.
To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products, and the like,
or who represent the Boy Scouts or Girl Scouts or similar organizations;
5.
To any honorable discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61
(1982), hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania, and who procures from the Prothonotary
a certificate in pursuance of the Act of 1867;
6.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
7.
To any person who has complied with the provisions of the Solicitation
of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. §§ 160-1
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania; or
8.
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license or business privilege
tax at their chief place of business.
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But all persons exempted hereby from the payment of the license
fee shall be required to register with the Township Manager and obtain
a license without fee; provided, any person dealing in one or more
of the above mentioned exempted categories, and dealing with other
goods, wares, or merchandise not so exempted, shall be subject to
the payment of the license fee fixed by this section for his activities
in connection with the sale of goods, wares, and merchandise not in
such exempted categories. Provided further, the Township Manager may
similarly exempt from payment of the license fee, but not from registering
with him, persons working without compensation and selling goods,
wares, or merchandise for the sole benefit of any nonprofit corporation.
Provided further: every license issued under the provisions of this
ordinance shall be issued on an individual basis to any person or
persons engaging in such business; every individual shall obtain a
separate license, issued to him in his name, and the license fee hereby
imposed shall be applicable to every such individual license, except
that a representative of a charitable organization may obtain licenses
for the applicants therein.
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[Ord. 1985-1, 2/13/1985]
Every person desiring a license under this ordinance shall first
make application to the Township Manager for such license. He shall,
when making such application, exhibit a valid license from any state
or county officer, if such license is also required. The applicant
shall state:
1.
His criminal record, if any;
2.
Name and address of the person by whom he is employed;
3.
Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business;
4.
Length of time for which license is to be issued; and
5.
Type and license number of the vehicle to be used, if any,
[Ord. 1985-1, 2/13/1985]
Upon receipt of such application and the prescribed fee, the
Township Manager, if he shall find such application in order, shall
issue the license required under this ordinance. Such license shall
contain the information required to be given on the application therefor.
Every license holder shall carry such license upon his person if engaged
in transient retail business from house to house or upon any of the
streets, alleys, sidewalks, or public grounds, or shall display such
license at the location where he shall engage in such business if
doing so at a fixed location. He shall exhibit such license, upon
request, to all police officers, municipal officials, and citizens
or residents of the Township.
[Ord. 1985-1, 2/13/1985; as amended by Ord. 1989-4, 6/13/1989,
§ 2; and by Ord. 1996-3, 9/14/1996, § 3]
No person in any transient retail business shall:
1.
Sell any product or type of product not mentioned in his license;
2.
Hawk or cry his wares upon any of the streets, alleys, sidewalks,
or public grounds in the Township;
3.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Township for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity;
4.
Park any vehicle upon any of the streets or alleys in the Township
for the purpose of sorting, rearranging, or cleaning any of his goods,
wares, or merchandise or of disposing of any carton, wrapping material,
or stock, wares or foodstuffs which have become unsaleable through
handling, age or otherwise;
5.
Engage in any activity constituting transient retail business, as
defined in § 201, hereof, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before 9:00 a.m.,
or after 6:00 p.m., on any day of the week other than a Sunday or
legal holiday.
6.
Engage in any business from a fixed location or within a temporary
building or structure along or abutting any State highway or road
without first obtaining all necessary highway occupancy permits and
all other necessary permits from the Pennsylvania Department of Transportation
and delivering evidence of the same to the Township Manager at the
time of application for a transient business license.
7.
Engage in any business activity from a fixed location or within a
temporary building or structure without first securing from the Township
Zoning Officer a temporary use occupancy permit certifying that any
such fixed location or temporary structure or building conforms with
all zoning regulations relating to the business use in the zone in
which the temporary structure or building is located in specific request
to setback lines, yard area requirements, sufficient of off-street
parking and permitted use with the zoning district.
8.
Engage in any business activity from any temporary structure or building,
unless such temporary structure or building is connected to a private
or public sewage disposal system that has been approved by the Sewage
Enforcement Officer of the Township of Kingston and evidence of such
approval is delivered to the Township Manager at the time of application
for a transient business license.
9.
Engage in any business activity from a fixed location or within a
temporary building or structure for a period in excess of 30 days
within a calendar year.
[Ord. 1985-1, 2/13/1985]
The Township Manager shall supervise the activities of all persons
holding licenses under this ordinance. He shall keep a record of all
licenses issued hereunder and shall make a report thereof each month
to the Board of Supervisors.
[Ord. 1985-1, 2/13/1985]
The Township Manager is hereby authorized to suspend or revoke
any license issued under this ordinance when he deems such suspension
or revocation to be beneficial to the public health, safety, or morals,
for violation of any provision of this ordinance, or for giving false
information upon any application for a license hereunder. Appeals
from any suspension or revocation may be made to the Board of Supervisors
at any time within 10 days after such suspension or revocation. No
part of a license fee shall be refunded to any person whose license
shall have been suspended or revoked.
[Ord. 1985-1, 2/13/1985; as amended by Ord. 1996-3, 8/14/1996,
§ 4; and by Ord. 97-3, 11/12/1997]
Any person, firm or corporation who shall violate any provision
of this Part, 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 Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
