As used in this chapter, the following words shall have the following meanings:
PEDDLER
A person who goes from house to house or from place to place, whether on foot or in a vehicle, selling and delivering goods and services.
SOLICITOR
A person who goes from house to house or from place to place selling merchandise by sample or by taking orders for future delivery with or without accepting advance payments. "Solicitor" shall also mean any person who goes from house to house or from place to place for the purpose of obtaining alms, contributions or subscriptions, or who does research analyses, makes surveys or opinion polls, obtains rating data or similar information, or who engages in any similar work which involves a door-to-door or place-to-place activity.
TRANSIENT VENDOR
A person in the business of selling personal property or services who conducts his business from a fixed location on either public lands or private property which is neither the residence nor the permanent business address of said individual from which he conducts said business activity on a daily basis. A proprietor of a regularly established business in the Township which is seasonal in nature and who suspends business during the off season shall not for that reason alone be considered a transient vendor.
No person shall engage in business within Marlborough Township as a peddler, solicitor or transient vendor without having first obtained a license and paid the required license fee.
This article shall not apply to the following persons:
A. 
Residents conducting yard sales or garage sales from the premises on which their residences are located and where the items sold are owned by the residents themselves. Yard or garage sales may be conducted upon a resident's property for not more than six days each year. and those who conduct such sales upon their premises must notify the Marlborough Police Department in advance thereof. Those residents who fail to comply with the limitations herein set forth will be considered to be operating a business and subject to the applicable restrictions and penalties of the Code of Marlborough Township.
B. 
Farmers selling their own produce.
C. 
Those who engage in the sale of merchandise donated by the owners thereof, the proceeds of which are applied exclusively to any charitable, civic, service, philanthropic or nonprofit organization or purpose.
D. 
To any manufacturer or producer selling bread and bakery products, meat and beef products, or milk and milk products.
E. 
Representatives of chartered or incorporated community or local civic, charitable, nonprofit or philanthropic organizations, including service or youth groups such as the Boy Scouts and Girl Scouts, school district clubs and organizations and such other groups with similar purposes, as may be recognized and identified by resolution of the Board of Supervisors of Marlborough Township, who solicit members for their organizations as well as donations in the form of money, goods and/or services to be applied in furtherance of their legitimate causes and purposes.
A. 
Group permits. Organizations or groups as described in § 177-3E hereof who, once each year, wish to hold a "one day, one event" flea market, yard or garage sale or similar activity on the property of the organization or on property which is donated to the use of said organization for the express purpose of holding this aforementioned "one day, one event" activity at which private, independent vendors are invited to sell their merchandise and retain the proceeds thereof in exchange for their donation for the use of vending space may apply to the Township for a group permit.
(1) 
Fee. The fee for a group permit will be as set from time to time by resolution of the Board of Supervisors, plus a fee to be charged for each individual vendor present at the event.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Application. The organization or group described in § 177-3E who sponsors the event shall be the primary applicant for the group permit. The primary applicant shall identify itself to the Police Department and shall be responsible for obtaining all of the individual vendor applicant information from the vendors present at the event and providing that information to the Police Department. The individual vendor applicant information shall be the same as is required of regular applicants under this chapter.
B. 
Other classes. Persons taking orders for merchandise by sample from dealers or merchants for individuals or companies who pay a license or mercantile tax at their chief place of business in Marlborough Township, insurance companies or their agents, and insurance brokers authorized to transact business under the insurance laws of the Commonwealth of Pennsylvania shall not be required to pay any license fee or to furnish the information required by § 177-5, but shall comply with all the other provisions of this section and shall be required to obtain a special permit which shall be issued to them without fee, upon presentation of satisfactory proof of their status.
C. 
Food vendors. Persons who are licensed by and subject to the regulations and inspections of the Department of Health shall be required to obtain a special permit without fee upon satisfactory proof of their holding a valid, existing state license.
D. 
Master permits. The owner or operator of premises upon which individual vendors are invited to sell their merchandise may, notwithstanding § 177-2 of this chapter, obtain a master permit under this chapter, collectively licensing all such individual vendors.
[Added 12-14-1992 by Ord. No. 92-9]
(1) 
Fee. The fee for a will be as set from time to time by resolution of the Board of Supervisors, plus an amount for each individual vendor to be licensed under the master permit as calculated pursuant to § 177-11 of this chapter had each individual vendor separately applied for a permit.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Application. An owner or operator of premises as described in Subsection D of this section shall be the primary applicant for the master permit. The primary applicant shall identify itself to the Police Department and shall be responsible for obtaining all of the individual vendor applicant information from the individual vendors to be covered by the master permit and provide that information to the Police Department. The individual vendor applicant information shall be the same as is required of regular applicants under this chapter.
(3) 
Coverage. A master permit shall satisfy the licensing requirements under this chapter for only those individual vendors for whom applicant information has been submitted pursuant to Subsection D(2) of this section. Individual vendors wishing to operate on the premises of the primary applicant after the issuance of a master permit must individually apply for a license under this chapter.
(4) 
Effect. All individual vendors covered by a master permit shall be considered to be permittees under this chapter and shall be subject to all requirements and penalties for permittees created hereunder. The primary applicant granted a master permit shall be subject to the penalty provisions of this chapter.
All applications for licenses shall be made to the Township official or department designated by the Marlborough Township Board of Supervisors to receive and accept such applications and to issue permits pursuant hereto upon forms provided by the Township and shall contain the following information:
A. 
Name and permanent address of the applicant, and if the applicant is a corporation, the name and address of its registered agent. Proof of identity, including, but not limited to, the date of birth shall be provided by the applicant in the form of a state photo drivers license or, in the absence of such license, such other positive proof of identification as shall be deemed to be acceptable by the Chief of Police.
B. 
If the licensed activity is to be carried on at a fixed location, the address and a description of the premises, and the days and hours during which the licensed activity is to be conducted.
C. 
If a vehicle is to be used in connection with or in furtherance of the licensed activity, a description of the vehicle, the license number and the name of the licensing state.
D. 
If the applicant is employed by another, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
A description of the nature of the business and the goods, property or services to be sold or supplied.
F. 
A statement as to whether the applicant has been convicted of any crime other than a traffic offense and, if so, the date and place of the offense and conviction, the nature of the offense and the punishment or penalty imposed.
G. 
A complete physical description of the applicant.
H. 
A statement as to the location or source of supply of any merchandise to be offered for sale.
I. 
Proof of possession of a Pennsylvania Sales Tax Certificate and the certificate number, additional proof of the possession of a Pennsylvania Transient Vendors Certificate and the certificate number if such certificate is required by state law.
J. 
If the applicant operates under a business name or is the agent for a business, the name and address of the business.
K. 
Applications by partnerships shall be signed by all partners with the information required by this section supplied in detail as to each partner, and applications of corporations shall have attached individual statements containing all of the information required by this section relating to each employee or agent who shall engage in the licensed activity, and shall be signed by each employee or agent. If an applicant operates through employees or agents, the number thereof shall be limited to four per permit.
A. 
Upon receipt of any application and before issuing any permit, the Township Police Department may require five days to confirm the information required by this section. If the investigation reveals that the applicant's character or business responsibility is unsatisfactory, or the products or services are not free from fraud, or that the applied-for activities are not in conformance with the requirements of this chapter, the application shall be denied and no permit shall be issued to the applicant, who shall thereafter be notified of the denial of his application.
B. 
An application may be denied if the Township Police Department is unable to confirm that the applicant is who he purports to be, or if any information required by this section cannot be confirmed as being true, or if, in the decision of the police, there is insufficient information provided by the applicant.