[HISTORY: Adopted by the Board of Supervisors of the Township
of Buffalo 10-6-2021 by Ord. No. 101-2021. Amendments noted where applicable.]
This chapter shall be known as the "Buffalo Township Transient
Retail Business Ordinance of 2021."
The purpose of this chapter is to set forth new standards for
the issuance of permits, new regulations for transient retail business
and related procedures thereof.
A. For purposes of this chapter, the following word, term and/or phrase
has the meaning indicated herein:
DONATION
An exchange of gift or money or other item of value and shall
also include the purchase of an item for an amount exceeding its value
under circumstances where a reasonable person would understand that
the purchase is in substance a gift.
PEDDLER
Any person who shall engage in peddling as defined herein.
PEDDLING
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, upon any of the streets or sidewalks; or from house to
house; or by visitation to private residences; or by entering in or
upon private property within the said Township.
PERSON
Includes any natural person, partnership, association, firm
or corporation.
PROMOTER
Any person, as defined hereinabove, who organizes the gathering
of two or more persons, as defined hereinabove, engaged in transient
retail business.
SOLICITING
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery, or for subscriptions
or contributions, upon any of the streets or sidewalks; or from house
to house; or by visitation to private residences; or by entering in
or upon private property within Buffalo Township, and shall further
mean seeking or taking of contracts or orders for home or other building
repairs, improvements and alterations; and also orders or contracts
for new mechanical, electrical, plumbing, or heating device or equipment
for houses, or other building improvements or repairs upon or from
the places aforesaid within the Township.
SOLICITOR
Any person who shall engage in soliciting as hereinabove
defined.
TEMPORARY
A period of time of 30 consecutive days or less.
TRANSIENT MERCHANT
A person engaging in a transient retail business for the
sale of personal property, goods and/or services, whether the business
is conducted from a fixed location within the Township or by an individual
engaged in peddling, soliciting or the taking of orders from house
to house, or at some other physical location, including agents and
employees thereof.
TRANSIENT RETAIL BUSINESS
Includes the following:
(1)
Engaging in peddling, canvassing, soliciting or taking of orders,
either by sample or otherwise, for any goods, wares or merchandise,
upon any street or alley, sidewalk or public ground or from house
to house or any other location within Buffalo Township.
(2)
Selling, peddling, soliciting or taking orders for any goods,
wares or merchandise from a fixed location within Buffalo Township,
on a temporary basis, which shall include, but shall not be limited
to, such activities conducted at the time of special occasions or
celebrations, for seasonal purposes or for or in advance of specific
yearly holidays. Flea markets and garage sales are specifically excluded
as a transient retail business.
(3)
"Transient retail business" shall not include sales conducted
by merchants in front of their establishments provided that the regular
business of such merchants are nontemporary in nature and fixed in
location at their said addresses. Transient retail businesses shall
not include sales conducted by residents on property owned by them.
(4)
"Transient retail business" shall in no event include business
conducted by persons having a nontemporary place of business within
Buffalo Township or business conducted by a resident of Buffalo Township,
whether or not such business would otherwise be characterized as transient
retail business hereunder. This exclusion shall also apply to the
agents, employees and/or helpers of such persons.
B. In this chapter, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
A. No license or permit shall be required and no fee shall be charged
under this chapter for the following transient retail businesses:
(1) To farmers selling their own produce.
(2) To homeowners selling produce that has been cultivated and harvested
from their property.
(3) For the sale of personal property if the proceeds of the sale are
to be applied to a charitable or philanthropic purpose.
(4) To a manufacturer or producer in the sale of bread and/or bakery
products, meats and/or meat products, and milk and/or milk products,
excluding ice cream or another frozen dessert.
(5) To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania
for insurance.
(6) To persons, their agents or employees, who have complied with the
provisions of the Solicitation of Funds for Charitable Purposes Act,
December 19, 1990, P.L. 1200, No. 202, 10 P.s. S 162.1 et seq., as
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
(7) To any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
(8) To natural persons under the age of 18 years who take orders for
and delivery of newspapers, greeting cards, candy, bakery products
and the like, or representing the Boy Scouts or Girl Scouts or similar
nonprofit organizations, the proceeds of which are provided to such
nonprofit organizations.
B. Any person dealing in one or more of the above-mentioned exempted
categories and dealing with other goods, wares, services or merchandise
not so exempted, including the solicitation of donations, shall be
subject to the application requirements and payment of the license
fee fixed by this chapter for such person's activities in connection
with a transient retail business, peddling, canvassing, soliciting
or taking orders for goods, wares and services merchandise, not included
in such exempted categories.
A. License required.
(1) Every person desiring to engage in any transient retail business,
soliciting or peddling in Buffalo Township shall first file an application
with Buffalo Township together with the license fee herein established.
If such person shall also be required to obtain a license from any
county officer, he shall, on making such application, exhibit a valid
county license. The said application shall be upon a blank provided
by the Township and shall contain at least the following information
verified and made subject to penalties of 18 Pa.C.S.A. S 4904, relating
to unsworn falsification to authorities:
(a)
Name and physical description of applicant and all agents or
representatives of applicant who may engage in said activities.
(b)
Complete permanent home and local address of the applicant and
all agents or representatives of applicant who may engage in said
activities and in the case of transient merchants, the local address
from which proposed sales will be mailed.
(c)
A description of the nature of the business and the goods to
be sold or otherwise subject to this chapter.
(d)
If employed, the name and address of the employer and all agents
or representatives of applicant who may engage in said activities
together with credentials therefrom establishing the exact relationship.
(2) Provided, where a person makes application for himself and one or
more agents, employees and/or helpers, all applicable personal information
specified above shall be given for each agent, employee and helper
and verified by oath or affirmation by him.
(3) If the applicant desires to engage in any transient retail business,
soliciting or peddling on private lands, they shall provide proof
of the owners acknowledgement for the activity and shall provide proof
of a valid/approved change of use form pursuant to the Buffalo Township
Zoning Ordinance.
B. Every license granted under the provisions of this chapter shall
be granted on an individual basis to persons engaging in such business
and every individual shall be licensed, in his or her name, and the
fee hereby imposed shall be applicable as set forth hereinafter.
C. A promoter who organizes and coordinates two or more persons engaged in transient retail business shall, on behalf of such persons, apply for and obtain the license required by Subsection
A, above, in which case such license shall be approved for each such person in his or her name, for which a fee in the amount set forth hereinafter shall be imposed and paid by the promoter at time of application.
D. Every person, as defined herein, who rents a lot, parcel or space
or otherwise grants a license or privilege to a transient retail business,
or transient retail merchant to conduct transient retail business
activities, on land and/or in buildings or structures owned by, or
leased to, said person renting or granting said license or privilege
to conduct transient retail business activities, shall ascertain that
each transient retail business and transient retail merchant has been
licensed as required by this chapter, before renting said lot, parcel
or space or otherwise granting a privilege or a license to conduct
transient retail business activities thereon or therein.
A. The Township Secretary/Treasurer and/or Zoning Officer shall endorse
on the application his/her approval and upon payment of the fees listed
below shall deliver to the applicant his or her permit and Township's
approved identification badge, which shall be affixed to the outer
clothing of the solicitor in a manner so as to be permanently displayed
at all times during the course of solicitation.
(1) $25 for one day or fraction thereof.
(2) $50 for one week or fraction thereof.
(3) $100 for each month of fraction thereof, a maximum of six monthly
may be issued under one permit.
(4) One permit request for traveling street vendors for a period of up
to six months shall pay a fee of $100 for the time period authorized,
but not to exceed six months.
B. Group permits may be granted and permits may be issued for a period
of up to one year without the necessity of a renewal during the year,
upon compliance with this chapter, applicable laws and payment of
all fees. Upon the refusal of or failure to act on an application
within a reasonable time, the applicant may appeal to the Township
Supervisors.
C. The Township may modify the fees as set forth in this chapter by
resolution of the Board of Supervisors.
Before a license shall be issued, the applicant shall secure
and deliver to the Township a bond with corporate surety approved
by the Township Solicitor in the sum of $5,000. Said surety bond shall
be issued by a bonding company authorized to conduct business in the
Commonwealth of Pennsylvania and shall provide for and secure to the
public assurance that the applicant for said license shall comply
fully with all provision of the Township ordinances and of the relevant
Pennsylvania laws regulating and concerning the sale of goods, wares
and merchandise and will pay all judgments rendered against such applicant
for any violations of such ordinances and statutes.
All peddlers and solicitors as defined herein including nonprofit
organizations and agencies shall agree to hold harmless the Township,
its Board of Supervisors, individual Supervisors, employees, etc.,
from any liability, damage and/or injury which is causally related
to an act or nonact on the part of the aforementioned individuals/agencies.
The same shall execute the appropriate indemnification agreement and
submit the appropriate insurance to the satisfaction of the Township
as part of the license process. No license will be issued by the Township
until the same is submitted to the Township and approved thereof.
Subject to this chapter, below, all applications for licenses,
together with license fee, shall include the results of a Request
for Criminal Record Check (as fulfilled by and through the Pennsylvania
State Police), per this chapter, shall be transmitted by the Township
Secretary/Treasurer who shall license such applicant unless he or
she shall determine that issuance would be detrimental to the health,
safety and/or welfare of the citizens of Buffalo Township for a reason
specified in this chapter, below. Unless otherwise specifically exempted,
all approved licensees will be required to obtain an identification
badge as administered through the Township.
The Township Secretary/Treasurer shall either license the applicant
or send a notice of rejection of the application to the applicant
within 10 days after the date on which a completed application is
filed with the Township Office. Notice of rejection shall state the
reason or reasons therefor.
In the event that any person, or the promoter acting in his
behalf, is unable to obtain a license in the manner provided in this
chapter as a result of justifiable time constraints or any other reasonable
cause, the Township Secretary/Treasurer or his/her designee may issue
a license to such person upon the filing by such person of an application
for a license together with the license fee herein required, if any,
unless he determines that the application of such person should be
rejected for a reason specified in this chapter.
No application for a license shall be considered complete until
such time as it includes the results of a Request for Criminal Record
Check (as fulfilled by and through the Pennsylvania State Police)
of the applicant(s) as is deemed necessary for the protection of the
public welfare.
The license granted, pursuant to this chapter, shall be valid
for the approved duration within the calendar year for which it has
been approved.
No transient retail merchant shall engage in selling any product
or service not mentioned on his or her application for a license.
No person engaging in any transient retail business when working
from house to house, shall engage in any business activity at any
time on Sunday or any legal holiday. Furthermore, transient retail
businesses shall not engage in any transient retail activity before
9:00 a.m. or after 7:00 p.m. prevailing time Monday through Saturday
subject to the restriction as set forth in this Section.
Licenses may be denied, and licenses approved under the terms
of this chapter may be revoked, by the Township Secretary/Treasurer
(or his/her designee) for any of the following causes:
A. Fraud, misrepresentation or false statement contained in the application
for authorization.
B. Fraud, misrepresentation or false statement made in the course of
the business of the person authorized or seeking authorization.
C. Any violation of this chapter.
D. Conviction of a crime involving moral turpitude.
E. Past or present conduct of a person authorized or seeking authorization
in an unlawful manner or in such a manner as to constitute a breach
of the peace or to constitute a menace to the health, safety or general
welfare of the public.
F. The Township may deny the issuance of any license for reasons involving
the health, safety and welfare of its residents involving matters
such as the COVID-19 pandemic.
No person licensed under this chapter shall park any vehicle
upon any of the streets, highways or alleys of the Township in order
to sort, rearrange or clean any of his goods, wares, services or merchandise;
nor shall any such person place or deposit any refuse on any such
streets, highways or alleys; nor shall any such person maintain or
keep a street or curbstone market by parking any vehicle upon any
street or alley in the Township for longer than necessary in order
to sell therefrom to persons residing in the immediate vicinity. No
person in any transient retail business shall:
A. Sell any product or type of product not described in the license
application submitted to the Township or referred to on the license
issued by the Township.
B. Engage in any transient retail business activity at a location, a
time or in a manner not specifically permitted pursuant to the license
issued by the Township.
C. When operating from a vehicle, stop or park such vehicle upon any
street or alley of the Township in violation of the Pennsylvania Vehicle
Code or in violation of any Township ordinance.
D. Remain at any location for a period longer than permitted pursuant
to the license issued by the Township.
E. Maintain any transient retail business related equipment, accessories or vehicles on streets, alleys, sidewalks, or public property of the Township between the hours as set forth in §
228-14 of this chapter.
F. Conduct any transient retail business after suspension, revocation
or expiration of the license issued by the Township.
G. Block or unreasonably impede vehicular or pedestrian traffic.
H. Knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a building other than at the primary entrance
to the building.
I. Knock, ring the doorbell, or otherwise attempt to gain the attention
of the occupant(s) of a residence in the Township where the owner,
occupant or person legal in charge of the premises has posted at the
primary entrance to the premises, or at the entry to the principal
building on the premises, a sign bearing the words "No Peddlers,"
"No Solicitors," or words of similar import, provided that the provisions
of this section shall not apply to any solicitor or canvasser who
knocks at any door, or rings any bell at the invitation or with the
consent of some member of the household at which he is so applied
for admission. Engage in a transient retail business in an aggressive
manner. As used in this chapter, "aggressive manner" means either
approaching a person present at the residence or continuing or continuing
to peddle or solicit after the person has made a negative response,
whether before or after being invited into the residence, in a manner
that: is likely to cause a reasonable person to fear imminent bodily
harm or the commission of a criminal act upon property in a person's
possession or in or about the residence; or is intended to or is,
likely to intimidate the person into responding affirmatively to the
peddling or soliciting activity.
J. Continue efforts to solicit from an individual once that individual
informs the solicitor that he/she does not wish to make a purchase.
No permittee not any person in his/her behalf, shall shout,
cry out, blow a horn, ring a bell or use any sound or amplify device
upon any of the streets of Buffalo Township or upon private premises
for the purpose of attracting attention to any goods, wares or merchandise
which such permittee proposes to sell. In addition, all permittees
shall comply in all respects with any and all Township ordinances,
as amended. To the extent that a conflict exists in any such ordinance,
the most restrictive rule or regulation shall apply to all individuals
or entities regulated herein.
Any person who violates or permits the violation of any provision
of this chapter shall, upon conviction thereof in a summary proceeding
brought before a district justice, be guilty of a summary offense
and shall be subject to the payment of a fine, not less than $50 for
the first offense, not less than $100 for the second and subsequent
offense, and not more than $1,000, plus the cost of prosecution. Upon
default of payment thereof, the defendant may be sentenced to imprisonment
in the county prison for a period of not more than 30 days. Each section
or provision of this chapter that is violated shall constitute a separate
offense, and each day or portion thereof in which a violation of this
chapter is found to exist shall constitute a separate offense, each
of which violations shall be punishable by a separate fine imposed
by the district justice in the amounts stated hereinabove.
The provisions of this chapter are hereby declared severable,
and if any of its provisions shall be held to be invalid or unconstitutional,
or otherwise void for any reason, such decision shall not affect or
impair any of the remaining provisions hereof, it is hereby declared
to be the intent of the Township that this chapter would have been
adopted if such invalid, unconstitutional or otherwise void provision
had not been included herein.
Any ordinance containing any provision inconsistent herewith
to the extent that such provisions are inconsistent, those provisions
are also hereby repealed.
This chapter shall become effective five days after enactment.