[HISTORY: Adopted by the Board of Supervisors of the Township of Barrett as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-8-2003 by Ord. No. 132; amended in its entirety 4-23-2009 by Ord. No. 163]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
TRANSIENT RETAIL BUSINESS
(1) 
Engaging in peddling, 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 of Barrett; or
(2) 
Selling, soliciting or taking orders for any handmade goods, wares, or merchandise, or farm-grown food products from a fixed location within the Township of Barrett, on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes, or for yearly holidays.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
Except as set forth herein, no property owner shall engage in, or allow any other person to engage in, any transient retail business on the owner's property within the Township of Barrett without the property owner first having obtained a permit by making an application pursuant to § 366-4 of this article and paying a fee as established, and changed from time to time, by a resolution of the Barrett Township Board of Supervisors. All fees collected for permits issued under this article shall be for the use of Barrett Township.
No permit shall be obtained by and no permit fee shall be charged:
A. 
To farmers selling their own produce on their own property;
B. 
For the sale of goods, foods, wares, and merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose;
C. 
To any nonprofit, religious or other charitable organization, or to any activity sponsored by such nonprofit, religious or other charitable organization;
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;[1]
[1]
Editor's Note: Original Section 3, Subsection 5, regarding any honorably discharged member of the armed services, of Ord. No. 163, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
E. 
To the seeking or taking of orders by insurance companies or their brokers authorized to transact business under the insurance laws of the Commonwealth of Pennsylvania;
F. 
To persons holding garage, yard or similar sales on their own property.
Every property owner required to obtain and desiring a permit under this article shall first make application to the Barrett Township Zoning Officer for such permit. The property owner shall state or submit the following information:
A. 
The property owner's name, current residence address and telephone number;
B. 
If different from the property owner, the name, current residence address and telephone number of the person engaging in the transient retail business on the property owner's property;
C. 
Proof satisfactory to the Township that the transient retail business and activities will not infringe on any parking at the host location that is required by Chapter 525, Zoning, of the Code of the Township of Barrett.
D. 
A certificate of insurance in form acceptable to the Township, certifying that property owner has in effect public liability insurance with limits of at least $500,000 and property damage limits of at least $250,000, which policy shall name Barrett Township as an additional insured.
E. 
Proof satisfactory to the Township that the person engaging in the transient retail business possesses all applicable local, state or federal licenses or permits that are required for the goods, wares or merchandise to be offered for sale for the transient retail business.
F. 
Any other relevant information requested by the Township.
A. 
Within 10 days of the receipt of such application and the prescribed fee, the Barrett Township Zoning Officer, if he shall find such application in order, shall issue the permit required under this article for a period not to exceed one year. Such permit shall contain the information required to be given on the application therefor.
B. 
Every permit holder shall carry such permit upon his or her 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 permit at the location where he or she shall engage in such business if doing so at a fixed location. The permit holder shall exhibit such permit, upon request to all police officers, municipal officials, and citizens or residents of Barrett Township.
C. 
If a property owner desires to continue engaging in, or permitting another person to engage in, a transient retail business on the property owner's property after the expiration of the permit, the property owner shall file a new application and pay a new license fee.
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his permit;
B. 
Attempt to sell his wares upon any streets, alleys, sidewalks or public grounds in Barrett Township;
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in Barrett 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 Barrett 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 unsaleable through handling, age or otherwise; or
E. 
Engage in such transient retail business before 8:00 a.m. or after 8:00 p.m.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Barrett Township Zoning Officer and/or the Pocono Mountain Regional Police Department shall supervise the activities of all persons holding permits under this article and shall have any and all powers necessary to enforce this article in the case of any violation. They shall keep a record of all permits issued hereunder and shall make a report thereof each month to the Board of Supervisors.
The Barrett Township Zoning Officer is hereby authorized to deny, suspend or revoke any permit issued under this article when the permit applicant fails to furnish any information required hereunder; or for violation of any provision of this article; or for giving false information upon any application for a permit hereunder. Appeals from any suspension, revocation or denial of a permit may be made to the Barrett Township Board of Supervisors at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the petition for appeal. No part of a permit fee shall be refunded to any person whose permit shall have been suspended or revoked.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to 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, and each section of this article that is violated shall also constitute a separate offense.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed. Specifically, Barrett Township Ordinance 132 is amended and restated as set forth herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect any other sentence, clause, section, or part of this article, it being the intent of the Board of Supervisors that this article would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.
This article shall become effective five days after enactment.