[Ord. No. PO, 3-1-1961]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes any person whether a resident of the Township, or
not, traveling either by foot, wagon, automotive vehicle, or any other
type of conveyance from place to place, from house to house, or from
street to street, taking or attempting to take orders for sale of
goods, wares and merchandise, personal property of any nature, whatsoever
for future delivery, or for services to be furnished or performed,
in the future, whether or not this person has, carries or exposes
for sale a sample of the subject of such sale or not, provided that
such definition shall include any person who, for himself or for any
other person, hires, leases, uses or occupies any building, structure,
tent, railroad boxcar, boat, hotel room, lodginghouse, apartment,
shop, or any other place within the Township for the sole purpose
of exhibiting samples and taking orders for future delivery.
Includes any person, whether a resident of the Township or
not, traveling by foot, wagon, automotive vehicle, or any other type
of conveyance, from place to place, from house to house, or from street
to street, carrying, conveying or transporting goods, wares, merchandise,
meats, fish, vegetables, fruits, garden truck, farm products or provisions,
offering and exposing the same for sale or making sales and delivering
articles to purchasers, or who, without traveling from place to place,
shall sell or offer the same for sale from a wagon, automotive vehicle,
railroad car, or other vehicle or conveyance, and further provided
that one who solicits orders and as a separate transaction makes deliveries
to purchasers as a part of a scheme or design to evade the provisions
of this chapter shall be deemed a peddler subject to the provisions
of this chapter. The term "peddler" includes the words "hawker" and
"hucksters."
Includes any person, whether as owner, agent, consignee or
employee, whether a resident of the Township or not, who engaged in
a temporary business of selling and delivering goods, wares and merchandise
within said Township, and who, in furtherance of such purpose, hires,
leases, uses or occupies any building, structure, motor vehicle, tent,
railroad boxcar, or boat, public room in hotels, lodginghouses, apartments,
shops, or any street, alley, or other place within the Township, for
the exhibition and sale of such goods, wares and merchandise, either
privately or at public auction. The person so engaged shall not be
relieved from complying with the provisions of this chapter merely
by reason of associating temporarily with any local dealer, trader,
merchant or auctioneer, or by conducting such transient business in
connection with, as a part of, or in the name of any local dealer,
trader, merchant or auctioneer.
[Ord. No. PO, 3-1-1961; Ord.
No. 95-10, 1-12-1995]
Any person who shall violate a provision of this chapter or
shall fail to comply with any of the requirements thereof, shall be
responsible for a municipal civil infraction.
[Ord. No. PO, 3-1-1961]
It shall be unlawful for a peddler, transient merchant, itinerant merchant, itinerant vendor, solicitor or canvasser as defined in Section 24-1 to engage in such business or activity within the Township without first obtaining a license therefor in compliance with the provisions of this article.
[Ord. No. PO, 3-1-1961]
Applicants for a license under this article must file with the
Township Supervisor a sworn application on a form to be furnished
by the Township Supervisor, which shall give the following information:
(1)
Name and description of applicant;
(2)
Permanent home address and full local address of the applicant;
(3)
If employed, the name and address of the employer, together with
credentials establishing the exact relationship;
(4)
A brief description of the nature of the business and the goods to
be sold;
(5)
The length of time for which the right to do business is desired;
(6)
The place where the goods or property proposed to be sold or orders
taken for the sale thereof, are manufactured or produced, where such
goods or products are located at the time said application is filed,
and a proposed method of delivery; and
(7)
A statement as to whether or not the applicant has ever been convicted
of any crime, misdemeanor, or violation of any municipal or Township
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
[Ord. No. PO, 3-1-1961]
Upon receipt of such application by the Township Supervisor,
he shall examine it and determine whether or not it is in the interest
of the public health, safety and welfare for a license to be issued
or not. An investigation may be undertaken in the discretion of the
supervisor, provided that a license shall be issued if no investigation
and written report is filed stating reasons why the license should
not be issued or unless the application contains on its facts reasons
why a license should not be issued.
[Ord. No. PO, 3-1-1961]
The license fee which shall be charged by the Township Clerk
for such a license shall be as currently established or as hereafter
adopted by resolution of the Township Board from time to time. The
payment of such fees may be waived in the discretion of the official
issuing such license.
[Ord. No. PO, 3-1-1961]
Persons holding licenses are required to exhibit their licenses
at the request of any citizen.
[Ord. No. PO, 3-1-1961]
Annual licenses shall expire on December 31 of each calendar
year. Monthly licenses shall expire on the date stated on such license,
provided that no monthly licenses shall be issued for more than six
months.
[Ord. No. PO, 3-1-1961]
The Township Supervisor shall maintain a record of applications
filed and licenses issued.
[Ord. No. PO, 3-1-1961]
(a)
Licenses issued under the provision of this article may be revoked
by the Township Supervisor, after notice and hearing for any of the
following causes:
(1)
Fraud, misrepresentation, or false statement contained in the application
for the license;
(2)
Fraud, misrepresentation, or false statement in the course of carrying
on business as a transient merchant, itinerant merchant, itinerant
vendor, peddler, hawker, canvasser or solicitor;
(3)
Any violation of this article;
(4)
Conviction of any crime or misdemeanor involving moral turpitude;
(5)
Conducting the business of the licensee in any unlawful manner or
in such manner as to constitute a breach of the peace or to constitute
a menace to the health, safety or general welfare of the public.
(b)
Notice of the hearing for the 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 licensee at his last known address at least five days
prior to the date set for hearing.
