[Ord. 207, 2/28/1995, § 1]
1.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
A.
B.
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, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas.
Any natural person, partnership, association, corporation
or other legal entity.
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
the Township.
Selling, soliciting or taking orders for any goods, wares or
merchandise from a fixed location within the 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
purpose, or for or in advance of specific yearly holidays.
2.
The singular shall include the plural; the plural shall include the
singular; and, the masculine shall include the feminine and the neuter.
[Ord. 207, 2/28/1995, § 2; as amended by Ord. No. 392, 2/23/2021]
No person shall engage in any transient retail business within
the Township of North Strabane without first having obtained from
the Township Secretary a license, for which a fee, which shall be
for the use of the Township, shall be charged per the Township fee
schedule.
[Ord. 207, 2/28/1995, § 3]
1.
No license fee shall be charged:
A.
To farmers selling their own produce.
B.
For the sale of goods, wares and merchandise donated by the owners
thereof, the proceeds where of are to be applied to any charitable
or philanthropic purpose.
C.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products or milk and milk products.
D.
To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like, who
represent the Boy Scouts or Girl Scouts or similar organizations.
E.
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 Act of 1867.
F.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
G.
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.
H.
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.
2.
But all persons exempt hereby from the payment of the license fee
shall be required to register with the Township Secretary 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 Secretary
may similarly exempt from payment of the license fee, but not from
registering with the Township, 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 Part 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.
[Ord. 207, 2/28/1995, § 4]
Every person desiring a license under this Part shall first
make application to the Township Secretary for such license. He shall,
when making such application, exhibit a valid license from any State
or County Officer, of such license is required. The applicant shall
state:
A.
His criminal record, if any.
B.
Name and address of the person by whom he is employed.
C.
Type of goods, wares and merchandise he wishes to deal with in such
transient retail business.
D.
Length of time for which license is to be issued.
E.
Type and license number of the vehicle to be used, if any.
[Ord. 207, 2/28/1995, § 5]
Upon receipt of such application and the prescribed fee, the
Township Secretary, if he shall find such application in order, shall
issue the license required under this Part. Such license shall contain
the information required to be given on the application therefore.
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. 207, 2/28/1995, § 6]
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Township.
C.
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.
D.
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 unsalable through
handling, age or otherwise.
E.
Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before 8:30 a.m.
or after 8:00 p.m., on any day of the week other than a Sunday or
legal holiday.
[Ord. 207, 2/28/1995, § 7]
The Township Police Chief shall supervise the activities of
all persons holding licenses under this Part. He shall keep a record
of all licenses issued hereunder and shall make a report thereof each
month to the Board of Supervisors.
[Ord. 207, 2/28/1995, § 8]
The Township Police Chief is hereby authorized to suspend or
revoke any license issued under this Part when he deems such suspension
or revocation to be beneficial to the public health, safety or morals,
for violation of any provision of this Part, 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. 207, 2/28/1995, § 9]
Nothing herein shall prevent the Board of Supervisors of North
Strabane Township from entering into an agreement with one or more
parties to effectuate the purpose of this Part for the protection
of the citizens of North Strabane Township and the efficiency of municipal
government relating thereto. Such an agreement shall not be deemed
a waiver by the Township as to the enforcement of this Part as to
transient businesses on merchants not represented by any such agreement.
