As used in this Part 1, the following terms shall have the meanings
indicated:
GOODS
Any personal property, possessions or movable effects, wares,
foodstuffs, merchandise or services offered for sale, whether or not
displayed.
PEDDLER
Any person who goes upon any of the streets or alleys, sidewalks
or public grounds or from house to house, not having been invited
by the occupant or owner thereof, carrying or transporting goods,
wares, merchandise or personal property of any nature and offering
the same for sale. The term "peddler" shall include a street vendor
and a transient merchant.
PEDDLING
The selling or offering for sale of any goods, wares, merchandise
or services for immediate delivery, in which the person selling or
offering for sale has the goods, wares, merchandise or services in
his or her possession or control.
PERSON
Any natural person, association, partnership, firm or corporation.
POLICE CHIEF
The Chief of Police of the Lower Heidelberg Township Police
Department, or his designee.
RESIDENCE
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
SOLICITING
The selling of or attempting to sell goods or services, or
the taking of or attempting to take orders for services or goods to
be performed or furnished in the future. A soliciting transaction
shall not include a sale made pursuant to a preexisting retail charge
agreement; or a sale made pursuant to prior negotiations between the
parties at a business establishment at a fixed location where goods
or services are offered or exhibited for sale; or a sale of realty
in which transaction the purchaser is represented by a licensed attorney
or in which the transaction is being negotiated by a licensed real
estate broker.
SOLICITOR
Any person who goes upon any of the streets or alleys, sidewalks
or public grounds or from house to house, not having been invited
by the occupant or owner thereof, for the purpose of taking or attempting
to sell or take orders for the sale of goods, merchandise, wares,
or other personal property of any nature for future delivery, or for
services to be performed in the future.
SPECIAL EVENT
Any occasion, including but not limited to a fair, festival,
show, exhibition or Township-wide celebration, taking place within
a specifically designated area of the Township for a period of time
not to exceed seven days, and for which a sponsor is the licensee
for all designated transient retail businesses, merchants, and vendors
permitted to conduct such activities as part of the occasion.
TRANSIENT MERCHANT
A person who engages or proposes to engage temporarily in
merchandising business and occupies a room, building, tent, lot, stand
or other premises for the purpose of selling, trading or bartering
goods, wares or merchandise.
TRANSIENT RETAIL ACTIVITY
Any activity conducted by a peddler, vendor, solicitor, or
transient merchant in his or her conduct of a transient retail business.
TRANSIENT RETAIL BUSINESS
(1)
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 in the Township; and/or
(2)
Selling, vending, soliciting or taking orders for any goods,
wares or merchandise from a fixed location in the Township on a temporary
basis, which shall include, but shall not be limited to, such activities
conducted at the time of special events or celebrations, for seasonal
purposes or for or in advance of specific yearly holidays.
WARES
Articles of merchandise or manufacture, including, but not
limited to, intangible items such as services or products of artistic
or intellectual creativity.