[Ord. No. 1-1992, § 1, 2/11/1992]
This article shall be known and may be cited as the "Transient
Retail Business Ordinance" of South Hanover Township.
[Ord. No. 1-1992, § 2, 2/11/1992]
From and after the effective date hereof, it shall be unlawful for any person, whether acting on his own behalf or as the agent, servant or employee of other persons not exempted by the provisions of §
13-107 hereof, who is not the holder of a valid and unexpired license issued pursuant to this article to conduct a transient retail business which shall mean to engage in selling, purchasing or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description or in soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description or in soliciting contributions, gifts or pledges of money or any other thing of value by visitation to private homes or residences or on the public streets or highways within South Hanover Township; or to engage in selling, soliciting or taking any orders for any goods, wares or merchandise from a fixed location within South Hanover Township on a temporary basis that shall include but 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.
[Ord. No. 1-1992, § 3, 2/11/1992; Ord. No. 3-1995, 9/12/1995]
1. Any person not exempted by §
13-107 hereof desiring to obtain a license to engage in the activities described in §
13-102 hereof shall make application therefore in person to the Township Secretary.
A. The applicant shall submit over his/her signature the following information,
certified by the applicant to be true and correct:
(5)
Address to which notices under this article shall be directed.
(6)
Name and address of employer or principal, if any, and nature
of business or activity thereof.
(7)
Nature of business or activity in which applicant wishes to
engage in the Township.
(8)
Exhibit county license or state license, if required, by intended
business.
(9)
The make and model as well as the license number of any vehicle
to be used to conduct the business or activity in which the applicant
seeks to engage in the Township.
B. Upon submission of such application and the payment of a license
fee in an amount as established, from time to time, by resolution
of the Board of Supervisors, there shall be issued to the applicant
a license in the form of a card which, unless sooner revoked, shall
entitle the licensee to engage in the activities specified on this
application for a period of 30 days from the date of issuance.
C. Licenses may be renewed by the payment of the license fee as provided
for herein and by the submission of a statement that the information
supplied on the original application is still true and correct or
that the information supplied on the original application should be
amended to reflect any changes since the original application.
[Ord. No. 1-1992, § 4, 2/11/1992]
1. Every person to whom a license has been issued pursuant to the provisions
hereof shall comply with the following regulations while carrying
on business or activities within the Township:
A. He/she shall carry his/her license card at all times and exhibit
it upon request to any peace officer or any person upon whom he/she
shall call or with whom he/she shall talk in carrying on his/her licensed
activities.
B. He/she shall not permit any other person to have possession of his/her
license card and shall immediately report its loss to the Township
Secretary. He/she shall not cause or permit his/her license card to
be altered or defaced.
C. He/she shall not enter or attempt to enter any dwelling house without
invitation or permission of the occupant and shall immediately leave
any premises upon request.
D. He/she shall not represent his/her license card to be an endorsement
of himself or of his/her goods or services of his/her principal or
employer.
E. He/she shall immediately surrender his license upon revocation of
his/her license as hereinafter provided.
[Ord. No. 1-1992, § 5, 2/11/1992]
Any license issued hereunder may be revoked by the South Hanover Township Board of Supervisors for failure of the licensee to comply with any of the regulations set forth in §
13-104 hereof or upon the discovery that the licensee has made any false statements in his/her application for a license hereunder.
[Ord. No. 1-1992, § 5, 2/11/1992]
Any person whose license has been revoked shall be entitled
to appear with counsel, if he/she so desires, before the Board of
Supervisors at a regular meeting and be heard on behalf of a request
for reinstatement of his/her license.
[Ord. No. 1-1992, § 7, 2/11/1992]
1. The following persons are exempted from the licensing requirements
of this article:
A. Persons soliciting contributions on behalf of organizations or nonprofit
corporations exempted from the provisions of or newly registered pursuant
to the Act of 1990, December 19, P.L. 1200, No. 202: who, while soliciting,
are possessed of a card or other written evidence of their appointment
or authority to solicit for said organizations or corporations.
B. Farmers engaged in selling only the produce of their farms from a
truck or other vehicle.
C. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in §
13-101 hereof when so engaged; including, without limitation, real estate, insurance or security brokers an salesmen.
D. Persons engaged in the sale of goods, wares and merchandise donated
by the owner thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
[Ord. No. 1-1992, § 8, 2/11/1992; Ord. No. 3-1995, 9/12/1995]
Any person who shall violate any provision of this article shall,
upon conviction thereof, be subject to a penalty or fine of not less
than $50 but not more than $600, together with costs of prosecution
for each such violation, and may upon default of payment of fine and
costs be sentenced to imprisonment for a period not to exceed 30 days.
[Ord. No. 1-1992, § 9, 2/11/1992]
Possession of a license does not give the holder thereof the
right to solicit on the premises of a person who, by sign or otherwise,
has indicated that no solicitation will be permitted on his/her property.