[HISTORY: Adopted by the Board of Supervisors of the Township of Cecil as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-14-2008 by Ord. No. 1-2008]
This article shall be known as the "Transient Merchant Ordinance of Cecil Township" ("Peddler's Ordinance").
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
PEDDLER AND TRANSIENT MERCHANT
Any person, whether a resident of Cecil Township or not, who goes from house to house, from place to place or street to street, conveying or transporting goods, wares or merchandise, or offering or exposing the same for sale, or making sales and delivering articles to purchasers, or establishing a temporary place of business in a fixed location.
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
Upon the submission and approval of an application for a license, an applicant must pay a license fee in the amount of $15. Upon payment of said license fee, a license shall be issued in the form of a card which, unless revoked sooner, shall entitle the licensee to engage in the activities specific on the application for a period of 30 days from the date of issuance; provided, however, that before issuing any license the Township Secretary may require 72 hours to confirm the information contained in the application and, further, that the Township Secretary may refuse to issue a license to any person if he or she has reasonable grounds to believe that the issuance of the license to such person would endanger the health, safety and general welfare of the citizens of the Township; and in such case, the applicant shall be required to make application in person to the Township Board of Supervisors. All license fees shall be paid to the Treasurer of the Township for the use of the Township. A license under this article may be renewed upon the expiration of the previous thirty-day period provided that the applicant submits the appropriate fee and application and meets all other requirements of this article.
No license fee shall be charged:
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 deliver newspapers, greeting cards, candy, bakery products, and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations;
E. 
To any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61, hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in pursuance of the Act of 1867;[1]
[1]
Editor's Note: 60 P.S. § 61, pertaining to license exemption for veterans, was repealed Nov. 24, 1992, P.L. 717, No. 108, § 3.
F. 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
G. 
To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160 et seq. (1982), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania;[2] or
[2]
Editor's Note: See now 10 P.S. § 162.1 et seq., "Solicitation of Funds for Charitable Purposes Act."
H. 
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. But all persons exempted hereby from the payment of the license fee shall be required to register with the Township Secretary and obtain a license without fee, provided that any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares or merchandise not so exempted categories shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, the Township Secretary 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 article shall be issued on an individual basis to any person or 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 licenses for the applications therein.
Every person desiring a license under this article shall first make application to the Township Secretary for such license. He shall, when making such application, exhibit a valid license for any state or county officer, if such license is also required. The applicant shall state:
A. 
His criminal record, if any;
B. 
Name and address of the person by whom he is employed;
C. 
Type of goods, wares and merchandise he wishes to deal with in such transient retail business;
D. 
Length of time for which license is to be issued; and
E. 
Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Township Secretary, if he shall find such application in order, shall issue the license required under this article. 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 transient retail business from house to house or upon any of the streets, alleys, 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, municipal officials, and citizens or residents of the Township.
No peddler or transient merchant 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;
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity;
D. 
Park any vehicle upon any of the streets or alleys 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 stock, 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 at any time before 9:00 a.m. or after dusk on any day of the week other than a Sunday or legal holiday.
The Township Secretary shall supervise the activities of all persons holding licenses under this article. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Board of Supervisors.
The Township Secretary is hereby authorized to suspend or revoke any licenses issued under this article when he deems such suspension or revocation to be beneficial to the health, safety or morals; for violation of any provision of this article; or for giving false information upon any application for license hereunder. 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 licenses shall have been suspended or revoked.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for not more than 90 days. Each day that a violation of this article continues shall constitute a separate offense.