In this article, the singular shall include the plural and the
masculine shall include the feminine and the neuter. 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.
Includes the following:
Engaging in peddling, canvassing, soliciting and taking orders,
either by sample or otherwise, for any goods, wares or merchandise,
upon any of the streets or alleys, sidewalks or public grounds within
the Township, but does not include the sale or delivery of products
house to house; and
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.
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.
Every person desiring to engage in a transient retail business
in the Township shall first make application to the 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
and provide a copy of any valid county license.
A.
The application shall be provided by the Police Department.
(1)
The application shall contain at least the following information
verified by oath or affirmation:
(a)
Full name of the applicant and local address, if any.
(b)
Permanent address of the applicant.
(c)
Cellular telephone number or other number for immediate contact
of the applicant.
(d)
Name and contact number of immediate supervisor of applicant,
if any.
(e)
Name, address and primary contact number of employer or a statement
that such applicant is self-employed.
(f)
The nature of the goods, wares, services or merchandise offered
for sale.
(g)
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 there.
(h)
The type, description and registration number of vehicle(s)
to be used, if any.
(i)
The previous municipalities in which the applicant has conducted
such business.
(2)
The applicant shall furnish a Pennsylvania Criminal History Check
dated within 30 days of the date of application. An application for
a license may be refused for criminal activity that constitutes a
felony or for any crime, regardless of grading, that involves any
type of theft, fraud, misappropriation of public trust or computer
or electronic devices; or for prior validated complaints regarding
violations of this ordinance or similar ordinances in other municipalities.
Should issuance of license be denied based upon the criteria above,
the applicant may appeal such denial to the Director of Public Safety
for the Township at any time within 10 days of notice of denial of
application.
B.
Upon request, the applicant shall submit to fingerprinting and photographing.
Every person desiring to operate a flea market in the Township shall first make application to the Police Department providing the information referred to in § 137-16A(1) and B. 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 which shall contain the information set forth in § 137-16A(1). The Township may require a copy of each individual seller's information as a prerequisite for issuing a license. If copies are not provided with the application, such records of individual sellers shall be maintained by the owner or operator of the flea market for at least 120 days after the expiration of said license and shall be available for inspection upon demand 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 of 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 merchants license. In such a case, a copy of the written permission
of the property owner shall be submitted with the application.
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 their 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 their
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 or offer for sale any product without a valid license;
B.
Sell or offer for sale any product from any location not approved
in the license;
C.
Sell or offer for sale any product or type of product not mentioned
on his license;
D.
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;
E.
Sell or offer for sale any product from a vehicle not approved in
the license; or to stop or park such vehicle upon any street or alley
for longer than necessary in order to sell therefrom to persons residing
or working in the immediate vicinity; or
F.
Engage in such business before 7:00 a.m. or after 10:00 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; or
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.
A.
Any application may be rejected and any licenses issued under the
provisions of this article may be revoked by the Township Manager
or his designee for any of the following causes:
(1)
Fraud, misrepresentation, material omission or false statement contained
in the application for license.
(2)
Fraud, misrepresentation, material omission or false statement made
in the course of carrying on such licensed business.
(3)
Any violation of this article.
(4)
Conduct specified in § 137-16A(2).
(5)
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. If unlawful operations are present, upon approval
of the Township Manager, the Police Department may confiscate the
license and suspend operations until a hearing is held.
B.
Should issuance of license be denied based upon the criteria listed in § 137-16A(2), the applicant may appeal such denial in writing to the Township Manager within five days of notice of denial of application.
C.
For revocation of a license issued under this article, notice of
a the hearing before the Township Manager for revocation of a license
shall be given in writing, setting forth specifically the grounds
of complaint and the time and place of the hearing. Such notice shall
be mailed, postage prepaid, to the license holder at the address set
forth in the application at least five days prior to the date set
for the hearing.
Any person aggrieved by the denial of an application for license
or in a decision with reference to the revocation of a license shall
have the right of appeal to the Board of Supervisors. Such appeal
shall be taken by filing with the Board, within 10 days after notice
of the action complained of shall have been mailed to such person's
last known address, a written statement setting forth fully the grounds
for the appeal. The Board shall set a time and place for a hearing
on such appeal and notice of such hearing shall be given to the appellant
in the same manner as provided in this article for notice of hearing
on revocation. The decision and order of the Board on such appeal
shall be final and conclusive.
This article shall be enforced by the Police Department in an
action brought before a Magisterial 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 or
which violates or permits the violation of this article shall, upon
conviction in a summary proceeding, be punishable by a fine of not
more than $1,000 or by imprisonment for a term not exceeding 90 days.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense. Each section of this
article that is violated shall also constitute a separate offense.
