[HISTORY: Adopted by the Board of Commissioners of the Township of North Huntingdon 5-11-1983 by Ord. No. 596 (Ch. 67 of the 1975 Township Code). Amendments noted where applicable.]
GENERAL REFERENCES
Advertising — See Ch. 153.
Bills and posters — See Ch. 188.
Peddling and soliciting — See Ch. 385.
Secondhand and antique dealers — See Ch. 427.
Zoning — See Ch. 555.
The purpose of this chapter is to assist the Township of North Huntingdon, County of Westmoreland, Commonwealth of Pennsylvania, in the management of its business, the preservation of good order and peace, the health, safety and welfare of its inhabitants and the protection and security of their property.
A. 
Word usage. Words used in the singular shall include the plural, and the plural the singular; and the words used in the present tense shall include the future. The word "shall" is mandatory and not discretionary. The word "may" is permissive.
B. 
Definitions. Definitions as used in this chapter shall have the following meanings indicated:
MONTH
Shall be construed as 30 days.
TRANSIENT MERCHANT
Any person, persons, partnership or joint-stock company, company, corporation, firm, association, society or individual who engages or proposes to engage in a transient retail business.
TRANSIENT MERCHANT AGENT
The owner or representative thereof of the site where the transient retail business is to be conducted shall be identified as the "transient merchant agent."
TRANSIENT RETAIL BUSINESS
One conducted in a fixed location such as, but not limited to, a store, hotel, motel, building, tent, lot, truck, tractor-trailer or structure for the retail or discount sale of goods, wares, merchandise, food products, etc., which business is intended to be conducted for a temporary period of time and not permanently. If the place in which a business is conducted is rented or leased for a period of 90 days or less, such fact shall be evidence that the business named or carried on therein is a transient business. Transient retail businesses shall be restricted to commercially zoned areas unless provided for otherwise.
No person shall engage in business as a transient merchant unless the transient merchant agent shall first have obtained a license to do so from the Code Enforcement Officer of the North Huntingdon Township.
The fee for a transient merchant license shall be as set from time to time by resolution of the Board of Commissioners.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The transient merchant agent shall provide the following information:
(1) 
The location and address of the proposed transient retail business operation.
(2) 
The name and address of the transient merchant agent.
(3) 
The name and address of the firm or firms the transient merchant agent is applying for.
(4) 
The exact relationship between the firm or firms and the transient merchant agent.
(5) 
The sales tax number, Commonwealth of Pennsylvania, if applicable.
(6) 
A brief description of the business and the kind of goods or commodities which the transient merchant intends to sell.
(7) 
The date(s) and time(s) said business is to be conducted.
B. 
The application shall be made to the Code Enforcement Officer at least 10 days prior to the date the transient merchant business intends to commence operation.
A. 
Upon filing of the application for a license, the Code Enforcement Officer shall immediately cause a review to be made of the parties named in such statement, along with the merchandise, for compliance with this chapter and other applicable ordinances of the Township of North Huntingdon.
B. 
The Zoning Ordinance[1] of North Huntingdon Township shall apply to all licenses granted under this chapter. North Huntingdon Township reserves the right to deny or revoke any license which violates the Zoning Ordinance. Any regulations or requirements set forth in the Zoning Ordinance shall be considered as additions to this chapter. Any and all conditions and requirements in the Zoning Ordinance must be fully met and complied with as if they were stated within and attached to this chapter.
[1]
Editor's Note: The Zoning ordinance is on file in the Township offices. See also Ch. 555 which references said ordinance.
C. 
Upon review and approval by the Code Enforcement Officer, an occupancy permit shall be issued. For purposes of this chapter, the occupancy permit shall be considered as the approved license. The occupancy permit shall note the following:
(1) 
The date the license shall be considered valid.
(2) 
The date the license shall expire.
(3) 
The name of the transient retail business(es) or transient merchant(s) for which or whom the license is issued.
(4) 
The name of the transient merchant agent for which or whom the license is issued.
Nothing contained in this chapter shall be construed to apply to:
A. 
Farmers selling their own produce.
B. 
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. 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
A. 
No license shall be transferred or considered applicable to another transient retail business or transient merchant(s) by the transient merchant agent. Licenses shall be valid only for the transient retail business(es) or transient merchants for which or whom it was originally applied and issued.
B. 
If within the period the license is valid the transient merchant(s) for which or whom the license was issued ceases operation, he may commence operations again within the validity period without obtaining a new license, if notification is given to the Code Enforcement Officer of the date the business is to cease operation and the approximate date which it is intended to commence operation again, as long as the operation does not violate the original period.
C. 
If when the transient merchant intends to recommence operation, new transient retail business(es) or transient merchant(s) will also start operations, then the transient merchant agent shall obtain a new license for the new transient retail business(es) or transient merchant(s).
The Code Enforcement Officer of the Township of North Huntingdon is hereby authorized to suspend any license issued under this chapter when he deems such suspension to be beneficial to the public health, safety or morals or for violation of any of the provisions of this chapter or for giving false information upon any application for a license hereunder.
The Code Enforcement Officer shall keep a record of all licenses issued under this chapter and shall supervise the activities of all holders of such license.
[Amended 1-11-1989 by Ord. No. 713; 12-20-1995 by Ord. No. 880[1]]
Any person, persons, partnership or joint-stock company, company, corporation, firm, association, society or individual who violates the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not less than $75 nor more than $600, plus the costs of prosecution, and in default of the payment of the fine and costs of prosecution, shall be imprisoned for a period not exceeding 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).