[HISTORY: Adopted by the Board of Supervisors of the Township of Moore as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-5-2006 by Ord. No. 2006-4]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
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 Moore; or
(2) 
Selling, soliciting, or taking orders for any goods, wares, or merchandise, from a fixed location within the Township of Moore, 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 female and the neuter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
No person shall engage in any transient retail business within the Township of Moore without first having obtained from the Police Secretary a license for which a fee, which shall be for the use of the Township of Moore, shall be charged, established pursuant to a resolution of the Board of Supervisors. The license shall not exceed a period of more than 30 days for each event.
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 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.
(5) 
To any honorably discharged member of any of the armed services;
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(6) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
(7) 
To any person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania; or
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(8) 
For taking orders for merchandise, by sample, from dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business.
B. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Police 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 article for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories. Provided further, the Police Secretary may similarly exempt from payment of the license fee, but not from registering with him/her, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Every person desiring a license under this article shall first make application to the Police 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.
Every person desiring a license shall file with the application as described in § 206-4, a fee in the amount of $25, which shall be nonrefundable in the event of rejection of the application or revocation of the license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Upon receipt of such application and the prescribed fee, the Police Secretary, if he/she 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 of Moore.
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license;
B. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township of Moore for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity;
C. 
Park any vehicle upon any of the streets or alleys in the Township of Moore 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; and
D. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday, or at any time before 9:00 a.m. or after 5:00 p.m. on any day of the week other than a Sunday or legal holiday.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Police Secretary shall supervise the activities of all persons holding licenses under this article. He/she shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Police Secretary is hereby authorized to deny, suspend or revoke any license issued under this article when he/she deems such denial, suspension or revocation to be beneficial to the public health, safety, or morals, or for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the 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 license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
Any person violating the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys' fees, incurred by the Township in the enforcement of this article. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any provision, 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 or impair any of the remaining provisions of this article. It is hereby declared as the intent of Moore Township that this article would have been adopted had such stricken provisions not been included herein.