[Ord. 125, 9/22/1992]
As used in this Part, 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 foods, wares, or merchandise upon any street, alley, sidewalk, or public ground, or from house to house, within the Township of Smithfield; or,
2. 
Selling, soliciting or taking orders for any goods, wares, or merchandise, from a fixed location within the Township of Smithfield, 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.
The singular shall include the plural; the plural shall include the singular; and, the masculine shall include the feminine and neuter.
[Ord. 125, 9/22/1992]
No person shall engage in any transient retail business within the Township of Smithfield without first having obtained from the Zoning Officer a license, for which a fee, which shall be for the use of the Township of Smithfield, shall be charged, established pursuant to resolution of the Smithfield Township Supervisors.
[Ord. 125, 9/22/1992; as amended by Ord. 128, 4/26/1994]
1. 
No license fee shall be charged:
A. 
To farmers selling their own produce.
B. 
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.
C. 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat product, or milk and milk products. Provided, the term “milk or milk products” shall not include or apply to ice cream or other frozen desserts.
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.
E. 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
F. 
To any person who has complied with the provisions of the Charitable Organization Reform Act, 10 P.S. §161.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
G. 
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 within the Township of Smithfield.
2. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Zoning Officer 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 Zoning Officer may similarly exempt from payment of the license fee, but not from registering with him, 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 Part 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 their applicants.
[Ord. 125, 9/22/1992; as amended by Ord. 169, 8/24/2004]
1. 
Every person desiring a license under this Part shall first make application to the Zoning Officer for such license. Such license shall be subject to the following specific regulations and requirements.
A. 
The location for said fixed transient retail license must be located in a C-1 or 13-1 Zoning District.
B. 
Off-street parking shall be required in accordance with Schedule II of Chapter 27, in addition to the parking requirements of the principal use.
C. 
Applicant must provide a copy of a highway occupancy permit proving that the access to the required fixed retail use and required parking area is permitted by PennDOT or by Smithfield Township.
D. 
On-site sanitary facilities or portable toilets shall be available for both customers and staff of the transient fixed retail business. In the event on-site sanitary facilities are provided by the principal business use, the hours of operation for the transient fixed retail business shall have the same hours of operation as those of the principal business use.
E. 
Written consent of the property owner shall be submitted with the permit application.
F. 
Such fixed retail and transient business shall conform with front and side yard requirements for the principal building and shall have a rear yard of at least 20 feet.
G. 
Applicant must provide a dumpster for litter and waste generated from the retail transient business, together with a copy of the lease agreement with the municipal hauler for regular garbage disposal pick-up.
H. 
All retail items for sale must be contained completely within the framework of the temporary structure or tent.
I. 
The applicant for a fixed retail site license shall be permitted one sign with a maximum of one square foot for each linear front footage of the structure or building used by the applicant, with a maximum of a 24 square foot sign for the use if the licensed premises is granted for the use in connection with the retail items being marketed at that site.
J. 
The applicant must comply with all applicable County, State and Federal regulations, and must provide copies of any required permits or licenses required by the County, State or Federal Government to the Township. In addition, a copy of applicant's sales tax number is to be provided with the permit application. In the event the transient retail business hours are between sunset and sunrise, the applicant must comply with all provisions of Chapter 27 of the Smithfield Township Code of Ordinances concerning the lighting of the parking lot.
K. 
Applicant must submit two copies of a prepared site plan showing layout of the proposed temporary use including the location of the temporary structure, dumpster, sanitary facility, parking area and setbacks.
L. 
The transient retail license shall be for a period of no more than 30 consecutive days and there shall be a thirty-day lapse between the issuance of a subsequent license to the same applicant at the same site.
[Ord. 125, 9/22/1992]
Upon receipt of such application and the prescribed fee, the 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 of Smithfield.
[Ord. 125, 9/22/1992]
1. 
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license.
B. 
Hawk or carry his wares upon any of the streets, alleys, sidewalks, or public grounds in the Township of Smithfield.
C. 
Sell, peddle, solicit, or take orders, either by sample or otherwise, for any goods, wares, or merchandise within 1,500 feet of the intersection of State Highways Route 209 (7 Bridge Road) and Route 209 Business (Milford Road) and the intersection of State Highways Route 209 and Route 402 (Marshalls Creek Road) specifically meaning upon the streets or within the street rights-of-way.
(1) 
Exceptions. Any emergency service (i.e. fire company, ambulance service, paramedic service or life service) permanently located in Smithfield Township and primarily responding to incidents within Smithfield Township, shall be exempt from this Section.
D. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township of Smithfield for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.
E. 
Park any vehicle upon any of the streets or alleys in the Township of Smithfield 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.
F. 
Operate from a parcel of land which does not conform with the provisions of Part 4 “District Bulk and Parking Regulations” of Smithfield Township's Zoning Ordinance No. 38 [Chapter 27]. Additionally, any transient retail business which utilizes a portion of an established business shall be considered an accessory of that said business and shall conform to all setback requirements as an accessory thereof as defined in § 13-503, “Accessory Buildings and Uses” of Smithfield Township's Zoning Ordinance No. 38 [Chapter 27].
[Ord. 125, 9/22/1992]
The 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 Smithfield Township Supervisors.
[Ord. 125, 9/22/1992]
The Zoning Officer is hereby authorized to deny, suspend or revoke any license issued under this Part when he deems such denial, suspension or revocation to be beneficial to 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, revocation or denial of a license may be made to the Smithfield Township Supervisors at any time within 10 days after such suspension, revocation ox 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.
[Ord. 125, 9/22/1992; as amended by Ord. 128, 4/26/1994; and by Ord. 141, 4/28/1998]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a district justice 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 fine and costs, to 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.