[HISTORY: Adopted by the Board of Supervisors of the Township
of West Manchester 10-11-1990 by Ord. No. 90-14. Amendments noted where
applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 91.
Every person, whether principal or agent, entering into beginning
or desiring to begin a transient retail business in West Manchester
Township for the sale of any goods, wares or merchandise whatsoever
and who hires, leases, occupies or uses any room, apartment, store,
shop, building, railway car, automobile or other motor vehicle in
a stationary position or other place or structure for the exhibition
and sale of such goods, wares or merchandise shall take out a license
for the same from the Supervisors of West Manchester Township; provided,
however, that nothing herein contained shall apply to farmers selling
their own produce on the property where such produce is grown.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14]
The amount of such license shall be the sum of $25 per month,
or fractional part thereof, to be paid to the Township Treasurer.
Said license shall be renewed monthly during the continuance of said
sale, and upon failure of any person so to secure such license, he
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this chapter. The
amount of the fine imposed for the violation of this chapter shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this chapter and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this chapter. If the person violating
this chapter fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this chapter, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
The following named groups will be exempt from the license fee
but not from the registration and licensing procedures and requirements:
farmers selling their own produce or any person or group selling goods,
wares or merchandise donated by the owners thereof, the proceeds whereof
are to be applied to any charitable or philanthropic purpose, or to
any sale of goods, wares or merchandise within an enclosed area where
admissions are charged.
A.
No person may occupy a stationary position for the purpose of a transient
retail business on any public street, sidewalk, park or any other
public right-of-way within the Township. All transient retail businesses
must provide a minimum of four off-street parking spaces that are
improved sufficiently to ensure that mud, dust and debris are not
carried onto adjacent streets and properties.
B.
No person operating a transient retail business shall sell or attempt
to sell goods, wares and merchandise to motorists on public streets
nor impede traffic in any fashion.
C.
No transient retail business may occupy an area within 150 feet of
an intersection of two public streets.
D.
No transient retail business may place a sign on the public sidewalks,
streets or rights-of-way within the Township.
E.
No transient retail business may occupy an area and no person may
operate a transient retail business along any road or highway designated
in the West Manchester Township Zoning Ordinance[1] as an arterial road unless the transient retail business
and associated parking is located at least 200 feet back from the
right-of-way line of the arterial road.
[Added 3-25-1999 by Ord. No. 99-04]
All transient retail businesses must comply with all of the
following in order to receive a transient retail license:
A.
Provide a letter from the owner of the property where transient retail
business will be located stating the applicant has permission to occupy
that area for a specific period of time for the purpose of conducting
a transient retail business.
B.
Provide a plot plan of the area to be used showing the location of
any stand, vehicle, etc., to be used in conjunction with the transient
retail business. This plan must also show proposed off-street parking
for potential customers and any existing buildings and street rights-of-way
on or adjacent to the site.
C.
Provide a description of goods and wares to be sold.
D.
Provide the date or dates the area will be used for transient retail
business.
E.
Complete an application furnished by the Township to officially request
a transient retail license.
Anyone who applies for a transient retail license and submits
to the Township the required information listed within this chapter
will be issued a license within seven working days from the date all
information is received.
West Manchester Township Ordinance No. 72-3, entitled "An Ordinance
Requiring Transient Retail Merchants to Be Licensed by the Board of
Supervisors of West Manchester Township; Fixing the Amount of the
License Fee; Providing for Certain Exemptions; and Fixing Penalties
for Violation Thereof," is hereby repealed in its entirety and any
ordinance of West Manchester Township or part thereof that conflicts
with the terms and provisions hereof is hereby repealed.
