[Ord. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998; as
amended by Ord. 152, 4/13/2004, § 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, Easter, Mother's Day, Memorial
Day, Father's Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas, and the five days immediately preceding the listed
holiday.
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
purposes, or for 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. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
No person shall engage in any transient retail business within
the Township without first having obtained from the Code Enforcement
Officer a license, for which a fee, which shall be for the use of
the Township, shall be charged, said fee to be in such amount established,
from time to time, by resolution of the Board of Supervisors.
[Ord. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
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 whereof 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, or
who represent the Boy Scouts or Girl Scouts or similar organizations.
E.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F.
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Reform Act, 10 P.S. § 160-1 et seq.,
as hereafter amended, supplemented, modified or reenacted by the General
Assembly of Pennsylvania.
G.
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 exempted hereby from the payment of the license fee
shall be required to register with the Code Enforcement Officer 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 Code Enforcement
Officer 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 a
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.
[Ord. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
Every person desiring a license under this Part shall first
make application to the Code Enforcement Officer 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:
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. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
Upon receipt of such application and the prescribed fee, the
Code Enforcement Officer, 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 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. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
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 a 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 legal holiday or any other day before 8:00 a.m. or after
8:00 p.m.
[Amended by Ord. No. 189, 9/11/2018]
F.
Engage in any house-to-house business activity, except by prior appointment,
at any time on a Sunday.
[Added by Ord. No. 189, 9/11/2018]
G.
Engage in any business activity, except by prior appointment, for
more than four days, consecutive or otherwise, during a seven-day
period. Any person who engages in business activity for three or more
consecutive days shall refrain from any business activity for the
following three days.
[Added by Ord. No. 189, 9/11/2018]
[Ord. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
The Code Enforcement Officer 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. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
The Code Enforcement Officer is hereby authorized to deny, suspend
or revoke any license issued under this Part when he deems such denial,
suspension or revocation to be beneficial to the public health, safety
or morals, or for violation of any provision of this Part, or for
giving false information upon any a application for a license hereunder.
Appeals from any suspension, revocation or denial of a license may
be made to the Board of Supervisors at any time within 10 days after
such suspension, revocation or denial and a hearing shall be held
within 30 days of the petition for appeal. No part of a license fee
shall be refunded to any person whose license shall have been suspended
or revoked.
[Ord. 20, 5/12/1970; as revised by Ord. 119, 4/14/1998]
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.
