[Ord. 6/14/1984, § 1]
Unless otherwise expressly provided, the following words and
phrases shall, for the purposes of this Part, have the following meanings:
Any natural person, association, partnership, corporation,
firm or other legal entity.
The Township of Montour, Columbia County, Pennsylvania.
Engaging in peddling, canvassing, soliciting or taking orders,
either by sample or otherwise, for any goods, wares or merchandise
upon any street, alley, sidewalk or public ground, or from house to
house, within the Township; or selling, soliciting or taking orders
for any goods, wares or merchandise from a fixed location within the
Township on a temporary basis.
[Ord. 6/14/1984, § 2; as amended by Ord. 12/15/1987]
No person shall engage in any transient retail business within the Township without first having obtained from the Township Zoning Officer a license, for which, except as provided in § 13-203 hereof, a fee shall be charged, in accordance with the fee schedule adopted by the Board of Supervisors, for the use of the Township to defray administrative and enforcement costs.
[Ord. 6/14/1984, § 3; as amended by Ord. 12/15/1987]
1.
The provisions of this Part requiring the payment of a fee to obtain
a license hereunder shall not apply to the following:
A.
Farmers selling their own produce;
B.
Persons selling goods, wares and merchandise, the proceeds of which
are to be applied to any charitable or philanthropic purpose;
C.
Any manufacturer or producer in the sale of bakery products, meat
products, or milk products; and
D.
Any salesman who solicits trade from wholesale and retail dealers
within the Township.
E.
Residents selling used goods at "yard sales" or "garage sales," provided
such activity does not extend beyond six days per year.
2.
Provided, however, all persons exempted hereby from the payment of the license fee shall be required to register with the Township Secretary and obtain a license without fee. Provided, further, any person dealing in one or more of the above-mentioned exempted categories and dealing in other goods, wares, or merchandise not so exempted, shall be subject to the payment of the license fee fixed by § 13-202 hereof for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories. Provided, further, every license issued under the provisions of this Part shall be issued on an individual basis to a person 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 a single license for all of its members, each of whom shall be issued a duplicate thereof.
[Ord. 6/14/1984, § 4; as amended by Ord. 12/15/1987]
1.
Every person desiring a license under this Part shall first make
application to the Township Zoning Officer for such license. 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.
His criminal record, if any;
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.
[Ord. 6/14/1984, § 5; as amended by Ord. 12/15/1987]
Upon receipt of such application and the prescribed fee, the
Township Zoning Officer, if he 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 officials, and citizens
or residents of the Township.
[Ord. 6/14/1984, § 6; as amended by Ord. 12/15/1987]
1.
No person engaged 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
to sell therefrom to persons residing or working in the immediate
vicinity;
D.
Park any vehicle upon any 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 material or
any stock or wares or foodstuffs which may have become unsalable through
handling, age or otherwise; and
E.
Engage in any business activity, except by prior appointment, before
9:00 a.m. or after 8:00 p.m..
[Ord. 6/14/1984, § 7; as amended by Ord. 12/15/1987]
The Township Zoning Officer shall supervise the activities of
all persons holding licenses under this Part. He shall keep a record
of all licenses issued hereunder and shall make a report thereof each
month to the Montour Township Board of Supervisors.
[Ord. 6/14/1984, § 8; as amended by Ord. 12/15/1987]
The Township Zoning Officer is hereby authorized to suspend
or revoke any license issued under this Part when he deems such suspension
or revocation to be in the interest of the public health, safety,
or morals, or for violation of any provision of this Part, or for
giving false information upon any application for a license hereunder.
Appeals from any suspension or revocation may be made to the Montour
Township 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.
[Ord. 6/14/1984, § 9; as amended by Ord. 12/15/1987; and by Ord. 9/11/1997, § 1]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said find and costs, a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.
