[Amended 7-11-2022 by Ord. No. 354]
This article shall be known as the "Transient Retail Merchants, Solicitors and Peddlers Ordinance."
[Adopted 9-12-1979 by Ord. No. 84]
The purpose of this article is to provide protection of the citizens and residents of the Township from unreliable "fly-by-night" operators, and from individuals or organizations who temporarily come into the Township or who live in the Township or have a permanent business address in the Township, but set up temporary places of doing business, or who solicit sales or contributions. The intent of this article is to require registration of all such peddlers, solicitors and transient retail merchants so that if any fraud or improper practice occurs, the identity of the person will be available; and further to establish certain regulations governing the conduct of solicitors, peddlers, and transient retail merchants while engaged in activities in the Township.
[Amended 4-11-2016 by Ord. No. 324]
A. PEDDLER PEDDLING SOLICITING SOLICITOR TRANSIENT RETAIL BUSINESS TRANSIENT RETAIL MERCHANT
As used in this article, the following terms shall have the meanings indicated:
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery, which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks, from house to house, by visitation to private residences, or by entering in or upon private property within the Township.
The seeking or taking of contracts or orders for any goods, wares, services or merchandise for present or future delivery or for subscriptions or contributions, upon any of the streets or sidewalks or from house to house. "Soliciting" shall also include requesting, asking for or collecting contributions or donations upon any of the streets or sidewalks or while on private property from persons on any streets or sidewalks, or by going from house to house.
Any person who shall engage in soliciting as herein defined.
Any business engaged in selling goods, wares, merchandise or services of any nature directly to consumers of the goods, wares, merchandise or services, and which is not conducted at a permanent address for the conduct of the business within the Township; and which is only temporarily offering its goods, wares, merchandise or services to consumers at the temporary location or locations. Transient retail businesses shall include, but shall not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes or at special events. Flea markets are specifically included as a transient retail business.
[Amended 7-11-2022 by Ord. No. 354]
Any person, firm, corporation or organization, whether residing or having a permanent address in the Township or not, and whether principal or agent, entering into, beginning, repeating or continuing a transient retail business for the sale of any goods, wares, merchandise, or services of any nature whatsoever, and who temporarily hires, leases, occupies or uses any room, apartment, store, shop, building, railway car, or other place, structure or vehicle for the exhibition and sale of such goods, wares, or merchandise or who engages in soliciting as defined above.
B.
The words "peddler," "peddling," "solicitor," "soliciting," or "transient retail merchant" shall not mean nor apply to:
(1)
Farmers or gardeners selling or taking orders for their own produce or products.
(2)
The sale of goods, wares and merchandise donated by the owners thereof, the proceeds which are to be derived therefrom to be applied to any charitable or philanthropic purpose.
(3)
Any manufacturer or producer in the sale of bread or bakery products, meat or meat products or milk and milk products, not including ice cream or other frozen desserts.
(4)
Organizations which solicit only within the membership of the organization by the members thereof. The term "membership" shall not include those persons who are granted membership upon making a contribution as the result of solicitations.
(5)
A local post, camp, chapter or similarly designated element or a county unit of such elements of a bona fide veterans organization or emergency service provider, provided all of its fund-raising activities are carried on by members of such local post, chapter or element.
[Amended 7-11-2022 by Ord. No. 354]
(6)
Any person, firm, partnership or corporation or the agent or employee of any such person or entity who is a duly licensed real estate, insurance or security broker or salesman authorized to engage in such activities by the laws, statutes, rules and regulations of the Commonwealth of Pennsylvania.
(7)
Any person or entity taking orders from or selling merchandise to dealers or merchants for resale to consumers in the ordinary course of business.
(8)
Any person or entity taking orders from or selling to commercial farmers or other persons or entities engaged in commercial farming or industry for products, supplies or equipment to be used in such business or industry.
(9)
To children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts or similar nonprofit organizations, the proceeds of which are provided to such nonprofit organizations.
[Amended 7-11-2022 by Ord. No. 354]
[Amended 7-11-2022 by Ord. No. 354]
No person, firm or organization shall engage in soliciting, peddling or in a transient retail business in the Township of Harris without first having made application for and taken out a license as herein provided. Transient retail businesses that propose to operate at multiple locations at the same time and/or to operate from multiple buildings, structures, vehicles or other places of sale at the same location within the Township shall be required to obtain one license for each building, structure, vehicle or other place of sale.
[Amended 7-11-2022 by Ord. No. 354]
Any person desiring to engage in soliciting, peddling or in a transient retail business in the Township shall first make application to the Township Manager for a license five business days prior to commencing said activity, which shall be furnished upon forms provided by the Township and shall include the following information:
A.
Full name of the applicant.
B.
Local address.
C.
Permanent address and residence.
D.
Date of birth and place of birth.
E.
Social Security number.
F.
Vehicle operators' registration number and state in which issued.
G.
The nature of activities he intends to engage in.
H.
The specific identification of goods, wares or merchandise in which he deals.
I.
The nature of the applicant's employment, including the name, address and residence of the applicant's employer, if he is not self-employed.
J.
A statement setting forth whether or not the applicant has applied for a permit as a solicitor, peddler, or transient retail merchant during the previous year in the following municipalities of Centre County: Ferguson, Half Moon, Patton or College Townships or State College Borough. If such a permit has been applied for, applicant shall further state in which municipality it was last applied for, and the date of the said application.
K.
The type and identity or vehicle to be used by the applicant, if any, and license number and vehicle registration number.
L.
A statement as to whether the applicant has been convicted of any crime, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment imposed thereon.
M.
The applicant shall provide a copy of an official proof of identity that includes a photograph. Acceptable proofs of identity include a driver's license or a state-issued identification card. If the applicant has no proof of identification with a photograph thereon, the applicant shall submit to photographing and fingerprinting by State College Police or the Pennsylvania State Police.
N.
The applicant, in addition to any other requirement, and whether or not the applicant has produced identification documents with a photograph thereon, shall, if requested by the Township Manager, submit to background check by the Pennsylvania State Police prior to the issuance of a permit.
O.
In the event that the applicant is a transient retail merchant operating out of a fixed location or locations, if known, the application shall also set forth the location or intended location of such transient retail merchant's place or places of business within the Township.
P.
In the event an applicant for a transient retail business is to hire, engage or be aided and assisted by any other persons, whether as employees or helpers, the names, addresses and a copy of an official proof of identity that includes a photograph, as defined in Subsection M above, shall be submitted with the application.
Q.
In the event the applicant is to hire, engage or be aided and assisted by any other persons, whether as employees or helpers, all applicable personal information specified in Subsections A through O of this section shall be given for each helper or employee and verified or affirmed by such employee or helper. Individual licenses shall be required for each employee or helper.
No license issued under this article shall be transferable from one person to another.
[Amended 7-11-2022 by Ord. No. 354]
The Township Manager may exempt from payment of the license fee, but not from registering, persons working without compensation and selling or taking orders for goods, wares or merchandise for the sole benefit of any nonprofit corporation. In case of any person desiring to engage in a transient retail business or solicitation by working without compensation for the sole benefit of a nonprofit corporation, such person may make written application to the Township Manager, providing written documentation of the nonprofit corporation benefiting and setting forth the names and addresses of all persons who shall be so engaged in a transient retail business or solicitation with him or her. If such application shall be approved, a license may be granted by the Township Manager (or his or her delegate) without fee, which authorization shall be valid on the day or days designated under the terms of this authorization as granted.
The Township Manager is hereby authorized to receive applications and to issue licenses pursuant to the provisions of this article; provided, however, that when any transient retail merchant is required to be licensed by the County of Centre, the Commonwealth of Pennsylvania or the United States of America for the purpose of engaging in activities set forth in any application, if any permit be required to engage in such activities or to transport such goods, wares or merchandise, or if any goods, wares or merchandise require inspection approval prior to sale by any governmental body or agency, no license shall be issued until such other license, permit or proof of inspection approval shall first be furnished by the applicant.
[Amended 7-11-2022 by Ord. No. 354]
Licenses shall be granted for the following terms: one day, one calendar month, or 12 calendar months. The term shall run after the date the license is issued by the Township. The twelve-calendar-months license may be renewed.
[Added 7-11-2022 by Ord. No. 354]
The twelve-calendar-months license may be renewed by the applicant. The applicant shall review the initial application and shall supply, in writing, a confirmation to the Township Manager that the information provided on the application has not changed. If any information has changed, the applicant must submit a new application to the Township.
Every solicitor, peddler and transient retail merchant shall, at all times when engaged in such activities in the Township, carry such a license upon his person and exhibit it upon request to all citizens with whom the licensee deals, all policy officers and all Township officials.
[Amended 7-11-2022 by Ord. No. 354]
No solicitor, peddler or transient retail merchant shall engage in the selling, peddling or solicitation for sale of any product or service not set forth in the application and included on such license. In addition, the following regulations shall apply to all persons:
A.
A solicitor shall not be permitted to make or cause to be made any loud noise to attract attention or for any other purpose. Prohibited noises may include but shall not be limited to shouting, the use of loudspeakers, horns, drums, etc.
B.
No person shall park any vehicle upon the streets and ways of the Township for the purpose of sorting, rearranging or cleaning any goods, wares or merchandise, nor shall such person park upon such streets or ways for the purpose of keeping or maintaining a street or curbstone marketplace.
C.
Soliciting and peddling shall be permitted between the hours of 9:00 a.m. and 8:00 p.m.
D.
No soliciting or peddling shall be conducted on Sundays.
E.
No soliciting or peddling shall be conducted during federal legal holidays.
F.
A license only allows access to entrance points to all private property. Property owners shall remain in complete control of internal access to their properties.
The Township Manager may, upon proof furnished to him: that the licensee supplied false information on license application; was convicted of a crime involving moral turpitude after issuance of license; that the licensee was convicted of disorderly conduct while engaged in licensed activities after license has been issued; or that the licensee failed to comply with this article in any manner, may suspend or revoke any license issued hereunder.
Any person who shall falsify, intentionally omit or otherwise furnish information intended to mislead the Township in making application for any license required herein, or who shall violate any other provision of this article, shall, upon conviction in a summary proceeding in any court of record or not of record having jurisdiction in such proceedings brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fines and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.