A.
FLEA MARKET
PERSON
TEMPORARY BASIS
TRANSIENT RETAIL BUSINESS
TRANSIENT RETAIL MERCHANT
As used in this article, certain terms are defined as follows:
Any location where two or more transient retail merchants
or transient retail businesses are located for the purposes of principally
selling secondhand goods and antiques.
Any natural person, association, partnership, firm, organization
or corporation.
Any business which operates for less than three days per
week on a monthly basis.
Selling, soliciting or taking orders for any goods, wares
or merchandise from a fixed location within the Township, on a temporary
basis, which includes, 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.
Every person, whether principal or agent, entering into,
beginning or desiring to begin a transient retail business in the
Township for the sale of any goods, wares or merchandise whatsoever
and who hires, leases, occupies or uses any room, apartment, store,
shop, building, vehicles or other place or structure for the exhibition
and sale of such goods, wares or merchandise.
B.
In this article, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
No person shall engage in a transient retail business in the
Township without first having obtained a license as herein provided,
except that no license shall be required for the following:
A.
Farmers selling their own produce.
B.
The sale of goods, wares and merchandise donated by the owners thereof,
the proceeds of which are to be applied to any charitable or philanthropic
purpose.
C.
Any individual employed by or representing a church, Township civic
association, scouting organization or school.
D.
Individuals selling goods, wares and merchandise at a licensed flea
market.
A.
Every person desiring to engage in a transient retail business in
the Township shall first make application to the Township Police Department.
If such person shall also be required to obtain a license from any
county officer, he or she shall, on making such application, exhibit
a valid county license.
(1)
The application shall be upon a blank provided by the Township Police
Department and shall contain at least the following information verified
by oath or affirmation:
(a)
Full name of the applicant, local address and phone number,
if any.
(b)
Permanent address.
(c)
Name of employer with address and phone number or a statement
that such applicant is self-employed.
(d)
The nature of the goods, wares, services or merchandise offered
for sale.
(e)
A statement as to whether or not the applicant has ever been
convicted of any crime and, if the answer is in the affirmative, the
nature of the offense or offenses and the punishment or punishments
imposed therefor.
(f)
The type of vehicle to be used, if any, with registration and
license number.
(g)
The proposed location for the sale of goods, wares, services
or merchandise.
(2)
Upon request, the applicant shall submit to fingerprinting and furnish
a photograph.
B.
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be given
for each helper and verified or affirmed by oath or affirmation by
him, and an individual license shall be required for each helper.
No license under this article shall be transferable from one person
to another.
Every person desiring to operate a flea market in the Township shall first make application to the Township Police Department providing the information referred to in § 284-15. In addition, the operator of the flea market shall require each individual selling at the flea market to complete an application form upon a blank provided by the Township Police Department which shall contain the information set forth in § 284-15. Such records shall be maintained by the owner or operator of the flea market and shall be available for inspection by the Township.
The sum as set forth from time to time by resolution of the
Board of Supervisors shall cover the cost of processing the application
and the whole or any part of the first day of operation as a retail
merchant. The whole or any part of the second day or any subsequent
days within the month shall be as set forth from time to time by resolution
of the Board of Supervisors per day up to a maximum per month as set
forth from time to time by resolution of the Board of Supervisors.
Transient retail merchant licenses shall be renewed each month.
A fee as set forth from time to time by resolution of the Board of
Supervisors shall be required for each renewal license. The fee starting
with the second day, as set forth from time to time by resolution
of the Board of Supervisors, shall also prevail with each renewal.
In lieu of a monthly license, a transient retail merchant license
for a calendar year shall be available upon payment of the sum as
set forth from time to time by resolution of the Board of Supervisors.
Such license shall be renewed annually.
Before any transient retail merchant license is issued, the
owner or agent of such property where the transient retail business
is to be located shall grant written permission for the transient
retail business to be conducted on his property. Permission shall
be granted by the property owner to the operator of the transient
retail business prior to approval of the application for a transient
retail merchant's license.
Transient retail merchant licenses, when issued, shall list
the license number, the person or organization to whom it has been
issued and the date issued. Every person conducting a transient retail
merchant business shall have his transient retail merchant license
displayed in a prominent location in the room, apartment, store, shop,
building, vehicle or other place or structure where the sale of his
goods, wares or merchandise is conducted. No transient retail merchant
shall engage in selling any product or service not mentioned on such
license.
No person engaged in any transient retail business shall:
A.
Sell any product or type of product not mentioned on his license;
B.
Hawk or cry his wares upon any street, alley, sidewalk or public
place in the Township or use any sound device, including any loudspeaker
or sound-amplifying device upon any street, alley, sidewalk or public
place or upon any private premises where sound of sufficient volume
is emitted or produced therefrom to be capable of being plainly heard
upon any street, alley, sidewalk or public place for the purpose of
attracting attention to any goods, wares or merchandise that he proposes
to sell;
C.
Selling from a vehicle upon any street or alley; or
D.
Engage in such business before 9:00 a.m. or after 10:00 p.m., except
for a flea market, which shall not engage in business before 7:00
a.m. or after 7:00 p.m.
No person engaged in a transient retail business shall:
A.
Have any exclusive right to any location on any of the streets, alleys
or sidewalks in the Township;
B.
Be permitted a stationary location on any of the streets, alleys
or sidewalks in the Township; or
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Be permitted to operate in a congested area where his operations
might impede traffic or inconvenience the public. For the purpose
of this section, the judgment of a police officer, exercised in good
faith, shall be deemed conclusive as to whether the area is congested,
the traffic impeded or the public inconvenienced.
Licenses issued under the provisions of this article may be
revoked by the Township Police Department for any of the following
causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on such licensed business.
C.
Any violation of this article.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conduct of the business in an unlawful manner or in such a manner
as to constitute a menace to the health, safety or general welfare
of the Township.
