[Ord. 74-26, 5/29/1974, § 1]
1.
The term "transient retail business," as used in this Part, shall
mean and include the following:
A.
Engaging in peddling, canvassing, soliciting and taking orders, either
by sample or otherwise, for any goods, wares or merchandise, upon
any of the streets or alleys, sidewalks or public grounds, or from
house to house, within the Township of Susquehanna; and
B.
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 shall not be limited to, such activities conducted
at the time of special occasions or celebrations, for seasonal purposes,
or for or in advance of specific yearly holidays.
2.
The word "person," as used in this Part, shall mean any natural person,
association, partnership, firm or corporation.
3.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
[Ord. 74-26, 5/29/1974, § 2; as amended by Ord.
89-16, 11/21/1989]
1.
No person shall engage in any transient retail business within the
Township of Susquehanna without first having obtained from the Township
Secretary a license, for which a fee, as established by resolution
of the Board of Commissioners, shall be charged.
2.
Provided: no license fee shall be charged under this section.
A.
To farmers selling their own produce;
B.
For the sale of goods, wares and merchandise, donated by the owner
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 or milk products;
D.
To any individual employed by or representing a public utility, church,
Township civic association or school (or component part thereof).
3.
Provided further: any person in one or more of the hereinabove mentioned
exempted categories, and selling other goods, wares or merchandise
not so exempted, shall be subject to the payment of the license fee
required by this section for his activities in connection with the
sale of goods, wares and merchandise not in such exempted categories.
Provided further: every license issued under the provisions of this
Part shall be issued on an individual basis to 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 licensee.
[Ord. 74-26, 5/29/1974, § 3; as amended by Ord.
78-11, 10/12/1978]
1.
Every individual desiring a license under this Part, except that
all transient food licenses must be applied for and issued through
the Township Board of Health, shall file with the Township Manager
an application in writing on a form to be furnished by the Township
Manager, which shall give the following information:
A.
Name and description of the applicant;
B.
Address (legal and local);
C.
A brief description of the nature of the business and the goods,
wares and merchandise to be sold, and, in the case of products of
farm or orchard, whether produced or grown by the applicant;
D.
If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
E.
The length of time for which such license is desired;
F.
If a vehicle is to be used, a description of the same, together with
license number or other means of identification;
G.
A photograph of the applicant, taken within 60 days immediately prior
to the date of filing of the application, which photograph shall be
two inches by two inches, showing the head and shoulders of the applicant
in a clear and distinguishing manner;
H.
A statement as to whether the applicant has been convicted of any
crime, misdemeanor or violation of any municipal ordinance, the nature
of the offense and the punishment or penalty imposed therefor.
2.
At the time of filing the application, a fee, as set by resolution
of the Board of Commissioners, shall be paid to the Township Secretary
for the use of the Township, to cover the cost of investigation.
[Ord. 74-26, 5/29/1974, § 4]
Upon receipt of the application it shall be referred to a police
officer of the Township who shall cause such an investigation to be
made of the applicant's business and moral character as he shall
deem necessary for the protection of the public good. If, as a result
of such investigation, the applicant's character or business
responsibility shall be found unsatisfactory, the police officer shall
endorse on such application his disapproval, and his reasons for the
same and shall return such application to the Township Secretary,
who shall notify the applicant that his application has been disapproved
and that no license will be issued to him. If, as the result of such
application, the character and business responsibility of the applicant
shall be found to be satisfactory, the police officer shall endorse
on the application his approval and a license shall be issued to the
applicant upon his paying the prescribed license fee.
[Ord. 74, 5/29/1974, § 5]
Every license holder shall carry such license upon his person,
if engaged in a 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, Township officials and citizens
or residents of the Township. No license issued under this Part shall
be used or displayed by any person other than the one to whom it was
issued.
[Ord. 74-26, 5/29/1974, § 6; as amended by Ord.
89-16, 11/21/1989]
No person engaged in any transient retail business shall:
A.
Sell any product or type of product not mentioned on his license;
B.
Hawk or cry his wares upon any street, alley, sidewalk or public
place in the Township or use any sound device, including any loud
speaker or sound-amplifying device upon any street, alley, sidewalk
or public place, or upon any private premises where sound of sufficient
volume is emitted or produced therefrom to be capable of being plainly
heard upon any street, alley, sidewalk or public place, for the purpose
of attracting attention to any goods, wares, or merchandise that he
proposes to sell;
C.
When selling from a vehicle, stop or park such vehicle upon any street
or alley for longer than necessary in order to sell therefrom to persons
residing or working in the immediate vicinity;
D.
Engage in such business at any time on Sunday, or upon any other
day of the week before 9:00 a.m. or the earlier of dusk or after 7:00
p.m.
[Amended by Ord. 16-10, 9/22/2016]
[Ord. 74-26, 5/29/1974, § 7]
No person engaged in a transient retail business shall have
any exclusive right to any location on any of the streets, alleys,
or sidewalks in the Township; nor shall any person be permitted a
stationary location; nor shall any person be permitted to operate
in a congested area where his operations might impede traffic or inconvenience
the public. For the purpose of this section, the judgment of a police
officer, exercised in good faith, shall be deemed conclusive as to
whether the area is congested or the traffic impeded or the public
inconvenienced.
[Ord. 74-26, 5/29/1974, § 8]
It shall be the duty of any police officer of the Township of
Susquehanna to require any person referred to in this Part, and who
is not known to such police officer to be duly licensed, to produce
the appropriate license and to enforce the provisions of this Part
1 against any person found to be violating the same.
[Ord. 74-26, 5/29/1974, § 9]
The Chief of Police shall report to the Township Secretary all
convictions for violation of this Part, and the Township Manager shall
maintain a record for each license issued, and record the reports
of violation thereof.
[Ord. 74-26, 5/29/1974, § 10]
1.
Licenses issued under the provisions of this Part 1 may be revoked
by the Township Manager after notice and hearing for any of the following
causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license;
B.
Fraud, misrepresentation or false statement made in the course of
carrying on such licensed business;
C.
Any violation of this Part 1;
D.
Conviction of any crime or misdemeanor involving moral turpitude;
E.
Conduct of the business in an unlawful manner or in such a manner
as to constitute a menace to the health, safety or general welfare
of the Township.
2.
Notice of the hearing for revocation of a license shall be given
in writing, setting forth specifically the grounds of complaint and
the time and place of hearing. Such notice shall be mailed, postage
prepaid, to the license holder at the address set forth in the application
at least five days prior to the date set for the hearing.
[Ord. 74-26, 5/29/1974, § 11]
Any person aggrieved by the action of the Township Manager in the denial of an application for license as provided in § 13-104 of this Part, or in a decision with reference to the revocation of a license as provided in § 13-110 of this Part, shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board, within 10 days after notice of the action complained of shall have been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. The Board shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in § 13-110 of this Part for notice of hearing on revocation. The decision and order of the Board on such appeal shall be final and conclusive.
[Ord. 74-26, 5/29/1974, § 12]
All annual licenses issued under this Part 1 shall expire on
the 31st day of December of the year when issued; other than annual
licenses shall expire on the date specified on the license.
[Ord. 74-26, 5/29/1974, § 13; as amended by Ord.
89-16, 11/21/1989]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Every day that a violation of this Part 1 continues shall constitute
a separate offense.
