[Adopted 6-8-1970 by Ord.
No. 70-2; amended in its entirety 2-23-1988 by Ord. No. 1-88 (Ch.
13, Part 1, of the 1988 Code of Ordinances)]
[Amended 7-9-2019 by Ord.
No. 2-2019]
A. Fixed transient retail business license. No person shall engage in
any transient retail business within the Township without first obtaining
from the Township Secretary and/or designated agent a license to do
so, for which a few shall be charged as established by resolution.
Said application form shall be provided by the Township and require
the payment of any fee to be set by resolution and amended from time
to time. Each fixed transient retail business license shall be valid
for a period of 30 days unless specifically stated otherwise on the
Township-issued license. A license may only be extended upon written
approval from the Township.
B. Nonfixed transient retail business license. No person shall engage
in any nonfixed transient retail business in North Franklin Township.
Door-to-door sales are prohibited, except for children under the age
of 18 years who take order for and deliver newspapers, greeting cards,
candy, bakery products and the like, or who represent the Boy Scouts
or Girl Scouts, school-related clubs, youth sports teams or similar
organizations. No license shall be issued for a nonfixed transient
retail business in the Township,
[Amended 7-9-2019 by Ord.
No. 2-2019]
A. No license fee shall be charged:
(1) To farmers selling their own produce;
(2) 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;
(3) To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
(4) To any honorably discharged member of any of the armed services who
complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61
(1982), hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in
pursuance of the Act of 1867;
(5) To any person who has complied with the provisions of the Solicitation
of Charitable Funds Act, August 9, P.L. 628, 10 P.S. § 160-1
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
B. But 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 any person dealing in one or more
of the above-mentioned exempted categories and dealing with other
goods, wares, or merchandise not so exempted shall be subject to the
payment of the license fee fixed by this section for his activities
in connection with the sale of goods, wares, and merchandise not in
such exempted categories. Provided further, the Township Secretary
may similarly exempt from payment of the license fee, but not from
registering, persons working without compensation and selling goods,
wares, or merchandise for the sole benefit of any nonprofit corporation.
Provided further, every license issued under the provisions of this
article shall be issued on an individual basis to any person or persons
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 licenses
for the applicants therein.
Every person desiring a license under this article shall first
make application to the Township Secretary 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.
Upon receipt of such application and the prescribed fee, the
Township Secretary, if he shall find such application in order, shall
issue the license required under this article. 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.
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 material,
or stock, wares or foodstuffs which have become unsalable through
handling, age or otherwise;
E. Engage in any business activity, except by prior appointment, at
any time on a Sunday or legal holiday or at any time before 10:00
a.m. or after 6:00 p.m. on any day of the week other than a Sunday
or legal holiday.
The Township Secretary shall supervise the activities of all
persons holding licenses under this article. He shall keep a record
of all licenses issued hereunder and shall make a report thereof each
month to the Board of Supervisors.
The Township Secretary or the Director of Safety and Health
is hereby authorized to suspend or revoke any license issued under
this article when he deems such suspension or revocation to be beneficial
to the public health, safety, or morals, for violation of any provision
of this article, 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.
[Amended 7-9-2019 by Ord.
No. 2-2019]
Any person, copartnership, association or corporation violating
the provisions of this article shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine not exceeding
$500 or imprisonment not exceeding 90 days, or by both fine and imprisonment.
Every day in violation can be treated as a separate violation and
subject to penalties and fines.