[Ord. 100, 4/13/1976, § 1]
As used in this Part:
Includes New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas. The singular shall
include the plural, the plural shall include the singular, and the
masculine shall include the feminine and the neuter.
Only a natural person.
Engaging in peddling, soliciting or taking orders, either by
sample or otherwise, for any goods, wares or merchandise upon any
street, sidewalk or public ground, or from house to house, within
the Township of Ferguson.
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.
[Ord. 100, 4/13/1976, § 2; as amended by Ord. 820,
12/8/2003]
1.
No person shall engage in any transient retail business within the
Township of Ferguson without first having obtained from the Township
Manager a license, for which a fee, which shall be for the use of
the Township, shall be charged. Said fee is to be set by resolution
of the Board of Supervisors. 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 owners
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 and milk products.
D.
To children under the age of 18 years who take orders for and/or
deliver newspapers, greeting cards, candy, bakery products and the
like, or who represent the Boy Scouts or Girl Scouts or similar organizations.
E.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F.
To any person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et
seq.
G.
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license or business privilege
tax at their chief place of business.
2.
But all persons exempted hereby from the payment of the license fee
shall be required to register with the Township Manager and obtain
a license without fee. Provided further: any person dealing in one
or more of the above mentioned exempted categories, and dealing with
other goods, wares or merchandise not in such exempted categories.
Provided further: the Manager may similarly exempt from payment of
the license fee, but not from registering with him, persons working
without compensation and selling goods, wares or merchandise for the
sole benefit of any nonprofit corporation. 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
license; except that a representative of a charitable organization
may obtain the licenses for the applicants therein.
[Ord. 100, 4/13/1976, § 3]
Every person desiring a license under this Part shall first
make application to the Manager 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, exhibit a valid license from
such state or county officer. The applicant shall give his name and
address; his criminal record, if any; the name and address of the
person by whom he is employed; the type of goods, wares and merchandise
he wishes to deal with in such transient retail business; the length
of time for which such license is to be issued; and the type and license
number of the vehicle to be used, if any.
[Ord. 100, 4/13/1976, § 4]
Upon receipt of such application and the prescribed fee, the
Manager, if he shall find such application in order, shall issue the
license required under this Part. Such license shall contain the information
required to be given on the application therefor. 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, 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.
[Ord. 100, 4/13/1976, § 5]
1.
No person engaged 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, sidewalks or public
grounds in the Township.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets in the Township 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 in the Township 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 of foodstuffs which have become unsalable though
handling, age or otherwise.
E.
Engage in any business activity prohibited in the Township of Ferguson
by general or special law applicable thereto.
F.
Engage in any house-to-house activity, except by prior appointment,
at any time on a Sunday or legal holiday or at any time before 9:00
a.m. or after 8:00 p.m. on any day of the week other than a Sunday
or legal holiday.
[Ord. 100, 4/13/1976, § 6]
The Township Manger shall supervise the activities of all persons
holding licenses under this Part, and he shall keep a record of all
license issued hereunder, and shall make a report thereof each month
to the Board of Supervisors.
[Ord. 100, 4/13/1976, § 7]
The Manager is hereby authorized to suspend or revoke any license
issued under this Part when he deems such suspension to be beneficial
to the public health, safety or morals, or for violation of any of
the provisions of this Part, or forgiving false information upon any
application for a license here under. Appeals from any suspension
or revocation may be made to the Board of Supervisors 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. 100, 4/13/1976, § 8; as amended by Ord. 820,
12/8/2003]
Any person who shall violate any of the provisions of this Part
shall, for every such violation, upon conviction thereof in a proceeding
commenced before a district justice pursuant to the Pennsylvania Rules
of Criminal Procedures, be sentenced to a fine of not less than $100
nor more than $1,000 plus costs and, in default of payment of said
fine and costs, a term of imprisonment not to exceed 90 days. Provided,
each day's violation of any of the provisions of this Part shall
constitute a separate offense.
