[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Southampton 1-21-1986 as Ch. 13, Part 2, of the 1986 Code.
Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 123.
[Amended 3-5-1991 by Ord. No. 282]
A.
HOLIDAYS
PERSON
TRANSIENT RETAIL BUSINESS
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
New Year's Day, Martin Luther King Jr. Day, Valentine's
Day, President's Day, Easter, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and
Christmas Day.
[Amended 12-6-2016 by Ord. No. 444]
Any natural person, partnership, association, corporation,
or other legal entity.
Engaging in peddling, soliciting, or taking orders, either
by sample or otherwise, for any goods, wares, or merchandise from
house to house or upon any street, alley, sidewalk, or public ground
within the Township.
[Amended 12-6-2016 by Ord. No. 444]
B.
The singular shall include the plural; the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
[Amended 3-5-1991 by Ord. No. 282; 3-18-2003 by Ord. No. 356; 12-6-2016 by Ord. No. 444]
No person shall engage in any transient retail business as specified in the definition of "transient retail business" in § 126-1 within the Township without first having obtained from the Chief of Police or designee a license, for which a fee, which shall be for the use of the Township, shall be charged in accordance with a resolution adopted by the Board of Supervisors from time to time.
[Amended 3-5-1991 by Ord. No. 282; 3-18-2003 by Ord. No. 356; 12-6-2016 by Ord. No. 444]
No license shall be required:
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 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., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
G.
Organizations that are recognized as exempt by court order, court
opinion, state statute or federal statute.
[Amended 3-5-1991 by Ord. No. 282; 12-6-2016 by Ord. No. 444]
Every person desiring a license under this chapter shall first make application to the Chief of Police or designee for such license in accordance with § 126-2. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:
A.
Name and permanent address and phone number(s);
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.
F.
Criminal background checks as determined by the Chief of Police or
designee.
G.
Any other information as required by the Chief of Police or designee.
[Amended 3-5-1991 by Ord. No. 282; 12-6-2016 by Ord. No. 444]
Each permit application shall be considered on its own merits.
In determining whether a permit is to be issued, the Township shall
consider factors affecting the health, safety and welfare of the community
including, but not limited to, traffic hazards, previous complaints
from Township residents, previous actions taken by the Township, and
previous actions taken by other municipalities and government entities.
[Amended 12-6-2016 by Ord. No. 444]
Upon receipt of such application and the prescribed fee, the
Chief of Police or designee, if such application is in order, shall
issue the license required under this chapter. Such license shall
contain the information required to be given on the application therefor.
Every license holder shall display such license upon his person if
engaged in transient retail business from house to house or upon any
street, alley, sidewalk, or public ground within the Township. He
shall exhibit such license, upon request, to all police officers,
municipal officials, and citizens or residents of the Township.
[Amended 3-5-1991 by Ord. No. 282]
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.
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 materials, or stock, wares or foodstuffs which have become
unsalable through handling, age or otherwise.
E.
Engage in any business activity allowed by the permit at any time
before 9:00 a.m. or after 8:00 p.m. from Monday through Saturday.
[Amended 12-6-2016 by Ord. No. 444]
F.
Engage in any business activity allowed by the permit at any time
on Sundays and holidays.
[Added 12-6-2016 by Ord.
No. 444]
[Amended 3-5-1991 by Ord. No. 282; 12-6-2016 by Ord. No. 444]
The Chief of Police or designee shall supervise the activities
of all persons holding licenses under this chapter. The Chief of Police
shall keep records of all licenses issued hereunder.
[Amended 3-5-1991 by Ord. No. 282; 12-6-2016 by Ord. No. 444]
The Chief of Police, or designee, is hereby authorized to suspend
or revoke any license issued under this chapter when such suspension
or revocation is beneficial to the public health, safety, or morals,
for violation of any provision of this chapter, 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 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. If revoked or suspended pursuant
to this section, the license shall be immediately surrendered to the
Chief of Police or designee.
[Amended 6-7-1988 by Ord. No. 256; 3-5-1991 by Ord. No.
282; 3-18-2003 by Ord. No. 356; 6-19-2012 by Ord. No. 414]
Any violation of this chapter shall be enforced
by action brought before a District Justice in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 10 days. Each day that a violation of this chapter
continues, or each section of this chapter which shall be found to
have been violated, shall constitute a separate offense. For purposes
of this section, the doing of any act or thing prohibited by any provision
of this chapter, or the failure to do any act or thing as to which
any provision of this chapter creates an affirmative duty, shall constitute
a violation of this chapter punishable as herein stated.
