[Ord. 1982-3, 2/10/1982]
1.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this Part, the following terms shall have the meaning
indicated:
Shall include New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas.
Any natural person, partnership, association, corporation
or other legal entity.
Shall include the following:
Engaging in peddling, soliciting or taking orders, either by
sample or otherwise, for any goods, wares or merchandise upon any
street, alley sidewalk or public ground, or from house to house, within
the Township of Lower Swatara.
Selling, soliciting or taking order 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 singular shall include the plural, the plural shall include the
singular and the masculine shall include the feminine and the neuter.
[Ord. 1982-3, 2/10/1982; amended by Ord. 301, 8/13/1986,
§ 1; by Ord. 448, 11/15/2000; and at time of adoption of
Code (see Ch. AO)]
No person shall engage in any transient retail business within
the Township of Lower Swatara without first having obtained from the
Township Chief of Police or his designee a license for which a fee
in an amount as established from time to time by the Board of Commissioners,
which shall be for the use of the Township, shall be charged. Such
license shall be issued in advance for a period of 15 days. Licenses
may be renewed for additional consecutive fifteen-day periods, for
which an additional fee in an amount as established from time to time
by resolution of the Board of Commissioners shall be charged for each
fifteen-day period. Renewals for consecutive periods will not necessitate
a reapplication but can be granted directly by the Chief of Police
or his designee. Renewal requests must be submitted and fees paid
prior to the expiration of the license in force or a new application
must be completed.
[Ord. 1982-3, 2/10/1982; as amended by Ord. 301, 8/13/1986,
§ 2]
1.
Every person desiring a license under this Part shall first make
application to the Police Department for such license. If such person
shall also be required to obtain a license from any state or county
officer, he shall, when making such application, submit a valid license
from such state or county officers.
2.
On making application for such license, the applicant shall be required
to submit a picture identification and shall state:
[Ord. 1982-3, 2/10/1982; as amended by Ord. 301, 8/13/1986,
§ 3]
Upon receipt of such application and the prescribed fee, the
Chief of Police or his designee, if he deems such license not to be
detrimental to the public health, safety or morals, shall issue the
license required under this Part. Such license shall contain the information
required to be given on the application. Every license holder shall
carry such license upon his person if engaged in transient retail
business from house to house or upon any of the streets, alleys, sidewalks
or public grounds of the Township or shall engage in such business
if doing so at a fixed location. He shall exhibit such license, upon
request, to all police officers, Township employees and citizens or
residents of the Township.
[Ord. 1982-3, 2/10/1982; as amended by Ord. 301, 8/13/1986,
§ 4]
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license;
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Township of Lower Swatara;
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Township of Lower Swatara for longer
than necessary in order to sell therefrom to persons residing in the
immediate vicinity;
D.
Park any vehicle upon any of the streets or alleys in the Township
of Lower Swatara for the purpose of sorting, rearranging or cleaning
any of his goods, wares or merchandise or of disposing of any carton,
wrapping material or of any stock or wares or foodstuffs which have
become unsalable through handling, age or otherwise;
E.
Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or on any other day of the week
other than on a Sunday or a legal holiday at any time after 6:00 p.m.
or sunset, whichever occurs earlier, or at any time before 9:00 a.m.
unless an exception for good cause is granted by the Township Manager.
[Ord. 1982-3, 2/10/1982; as amended by Ord. 301, 8/13/1986,
§ 5]
The Lower Swatara Township Police Department shall supervise
the activities of all persons holding licenses under this Part and
shall keep a record of all licenses hereunder.
[Ord. 1982-3, 2/10/1982; as amended by Ord. 301, 8/13/1986,
§ 6]
The Township Manager is hereby authorized to suspend or revoke
any license issued under this Part when he deems such suspension or
revocation to be beneficial to the public health, safety or morals
for violation of any provision of this Part or for giving false information
upon any application for a license hereunder. Appeals from any suspension
or revocation may be made to the Board of Commissioners at any time
within 10 days after such suspension or revocation. No part of a license
fee shall be refunded to any person whose license shall have been
suspended or revoked.
[Ord. 1982-3, 2/10/1982; as amended by Ord. 448, 11/15/2000;
and at time of adoption of Code (see Ch. AO)]
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 less than $300 nor more than $600 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each day that a violation of this Part continues shall
constitute a separate offense.
