[Ord. 375, 8/12/2015]
No person shall engage in any transient retail business within
the Township of Plainfield without first having obtained a permit
from the Township Secretary, for which a fee for said permit shall
be charged, which fee shall be established pursuant to a resolution
of the Board of Supervisors.
[Ord. 375, 8/12/2015]
No transient retail business license fee shall be charged:
1. To farmers selling their own produce;
2. 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;
3. To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
4. To children under the age of 18 years who are taking 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;
5. To any honorable discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61
(1982), 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;
6. To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
7. 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. § 160-1
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania; or
8. 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 Secretary and obtain a
license without the payment of a fee; provided, any person dealing
in one or more of the above-mentioned exempted categories, and dealing
with other goods, wares or merchandise not so exempted, 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 Secretary may similarly
exempt from payment of the license fee, but not from registering with
him/her, 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 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 applicants.
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[Ord. 375, 8/12/2015]
Every person desiring a license under this Part shall first
make application to the Secretary for such license. When making such
application, said person shall exhibit a valid license from any state
or county officer, if such license is also required. The applicant
shall state:
1. His criminal record, if any;
2. Name and address of the person by whom he is employed;
3. Type of goods, wares or merchandise he wishes to deal with in such
transient retail business;
4. Length of time for which license is to be issued; and
5. Type and license number of the vehicle to be used, if any.
[Ord. 375, 8/12/2015]
Every person desiring a license shall file with the application as described in §
13-104, a fee in the amount of $25, which shall be nonrefundable in the event of rejection of the application or revocation of the license.
[Ord. 375, 8/12/2015]
Upon receipt of such application and the prescribed fee, the
Secretary, if he/she 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 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 officers and citizens and
residents of the Township of Plainfield.
[Ord. 375, 8/12/2015]
No person in any transient retail business shall:
1. Sell any product or type of product not mentioned in his license;
2. Hawk or cry his wares upon any of the streets, alleys, sidewalks
or public grounds in the Township of Plainfield;
3. When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Township of Plainfield for longer
than necessary in order to sell therefrom to persons residing or working
in the immediate vicinity;
4. Park any vehicle upon any of the streets or alleys in the Township
of Plainfield 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 become unsaleable
through handling, age or otherwise;
5. 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 5:00 p.m., on any day of the week other than a Sunday or
legal holiday; and
6. Engage in any business activity, peddle, solicit, sell and/or take
orders on real property owned by Plainfield Township, which property
is designated as a park, and/or recreation area and which property's
uses include but are not limited to, baseball, softball, soccer and/or
any other recreational activities.
[Ord. 375, 8/12/2015]
The Secretary shall supervise the activities of all persons
holding licenses under this Part. He/she shall keep a record of all
licenses issued hereunder and shall make a report thereof each month
to the Board of Supervisors.
[Ord. 375, 8/12/2015]
The Secretary is hereby authorized to deny, suspend or revoke
any license issued under this Part when he/she deems such denial,
suspension or revocation to be beneficial to the public health, safety
or morals, or for violation of any provisions of this Part, or for
giving false information upon any application for a license hereunder.
Appeals from any suspension, revocation or denial of a license may
be made to the Board of Supervisors at any time within 10 days after
such suspension, revocation or denial and a hearing shall be held
within 30 days of the petition for appeal. No part of a license fee
shall be refunded to any person whose license shall have been suspended
or revoked.
[Ord. 375, 8/12/2015]
Any person may, pursuant to a written request to the Board of
Supervisors of Plainfield Township, seek a waiver from the strict
requirements of this Part. The Board of Supervisors, upon the receipt
of such written request, shall review the request in a timely manner
and consider how the waiver would impact the Township at large. If
the Board of Supervisors finds that granting the waiver request will
not negatively impact the Township and/or have an adverse effect on
the residents of Plainfield Township, then the Board of Supervisors
may grant such waiver request.
[Ord. 375, 8/12/2015]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine not more than $500, and in default of payment, to imprisonment
for not more than 30 days. Each day that a violation of this Part
continues shall constitute a separate offense.