[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]
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.