It shall be unlawful for any person or persons, firm, company or corporation or any officials representing any person or persons, firm, company or corporation to engage in or conduct any business venture or endeavor hereinafter mentioned without previously obtaining a license and payment therefor made in advance as hereinafter prescribed.
[HISTORY: Adopted by the Board of Supervisors of the Township of Spring 5-9-1955 by Ord. No. 23 (Ch. XVII, Part 1, of the 2013 Code of Ordinances). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful to enter into or conduct a transient retail business in the Township for the sale of any goods, wares, merchandise or property of whatever kind, whether the whole or greater part of the same shall be represented or advertised to be the goods, wares, or merchandise of the estate of any bankrupt, assignee, or person or persons, firm, company or corporation about to quit business, or damage in any way, except upon the payment of a license fee of $25 for each calendar month or fraction thereof. The following are exempted from the licensing requirements of this section: farmers selling their own produce, or to any sale of goods, wares or merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose or the imposition or collection of any license fee upon insurance companies or their agents or insurance brokers authorized to transact business under the insurance laws of this Commonwealth.
[Amended 12-26-1995 by Ord. No. 248]
A.
From and after the passage of this chapter no person shall be employed, engaged or concerned in the business of hawking, peddling, or selling produce or merchandise, works of art, magazines, books, pamphlets, publications, or any other kind of article for sale, or shall be engaged in soliciting orders for such produce, merchandise, works of art, magazines, books, pamphlets, publications, or any other kind of article for sale within the limits of the Township of Spring, without having previously taken out a license therefor to sell or offer, or expose for sale such articles or any of them, or the soliciting of orders therefor, without having paid such sum or sums, as are hereinafter fixed, into the Township Treasury and receive a license therefor. License fees shall be $25 per calendar year or any part thereof, or such other license fee as may hereafter be established by appropriate resolution of the Board of Supervisors of the Township of Spring.
B.
It is further provided that this section shall not apply:
(1)
To farmers selling their own produce; or
(2)
To 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; or
(3)
To any manufacturer or producer in the sale of bread and bakery products, meats and meat products, or milk and milk products.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In order to protect the public against fraud and imposition, all persons intending to make sales or soliciting orders for the sale of such goods, wares and merchandise, and other articles, from house to house, or in buildings within the limits of the Township of Spring, shall be required to register with the Secretary of the Township of Spring stating the kind or character of goods or merchandise they intend to sell, their names, occupation, residence and reference as to their character for honesty and integrity, as well as reference to the person, firm or corporation whom they represent and who are to supply the goods and materials sold. The giving of such information shall be a condition precedent to the granting of such license and upon verification the Secretary of the Township of Spring shall forthwith issue said license to applicant. In case said statements and references are not verified, licenses shall be refused. Any person selling, or offering to sell, or soliciting orders from house to house for such goods, wares, or merchandise, without having first obtained such a license, shall be subject to the fine herein stated.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
It shall be unlawful to show, exhibit, or conduct in this Township amusements to which an entrance admission is charged except upon payment of license fees therefor as follows:
(1)
Circuses: $40 per day;
(2)
Circuses and menageries combined: $50 per day;
(3)
Side shows: $25 per day;
(4)
Merry-go-rounds: $5 per day;
(5)
Theatrical and moving-picture exhibitions: $50 per day or $5 per month;
(6)
Skating rinks: $0.25 per day;
(7)
Public dances: $2.50 per day;
(8)
Similar amusements: the same rate per day as those above-mentioned which they most nearly resembled;
B.
Provided: no license fee shall be charged for lectures on scientific or literary subjects, exhibitions of paintings, or statuary, conducted by the citizens of the Township, nor for musical or literary entertainment given for benevolent, religious, educational or charitable purposes.
All applications for licenses under this chapter shall be made and paid for to the Secretary of the Township of Spring.
The provisions of this chapter shall be severable and if any of its provisions shall be held to be unconstitutional or beyond and outside the power of the Township of Spring to prohibit, the decisions so holding shall not be construed to affect the validity of any of the remaining portions of this chapter. It is hereby declared as the intent of the Supervisors of the Township of Spring that this chapter would have been adopted had such unconstitutional or unauthorized provisions not been included therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person, firm, company, or corporation, or any officials representing any person or persons, firm, company, or corporation, violating the provisions of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be subject to the penalty provisions of § 1-12, Summary offenses, of the Code of the Township of Spring.