[HISTORY: Adopted by the Board of Supervisors
of the Township of Washington as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-16-1973 by Ord. No. 43]
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall
have the meanings indicated:
Any natural person, association, partnership, firm or corporation.
Includes the following:
Selling, soliciting or taking orders for any
goods, wares, materials or merchandise, from a fixed location within
the Township of Washington, Franklin County, Pennsylvania, 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; and
Engaging in peddling, canvassing, soliciting
or taking orders, either by sample or otherwise, for any goods, wares,
materials or merchandise upon any of the streets, roads, alleys, walks
or public grounds, or from house to house, within the Township of
Washington, Franklin County, Pennsylvania.
B.
For the purpose of this article, the masculine shall
include the feminine and neuter, the singular shall include the plural,
and the plural shall include the singular.
A.
No person shall engage in any transient retail business
within the Township of Washington, Franklin County, Pennsylvania without
first having obtained from the Secretary of the Board of Supervisors
of Washington Township, Franklin County, Pennsylvania, a license for
which such fee as shall be set from time to time by resolution of
the Board of Supervisors, which is to be for the use of the Township
of Washington, Franklin County, Pennsylvania, shall be charged;[1] provided, however, no license fee shall be charged under
this section, as follows:[2]
(1)
For the sale of goods, wares, materials and merchandise
sold by the owners thereof for the purpose of profit at an event commonly
known as a civic or charitable celebration conducted under the auspices
or sponsorship of any civic, charitable or philanthropic association.
But all persons exempted hereby from payment of the license fee shall
be required to register with the Secretary of the Board of Supervisors
of Washington Township, Franklin County, Pennsylvania and to obtain
a license without fee;
(2)
For the sale of goods, wares, materials 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
or bakery products, meat and meat products, or milk or milk products;
(4)
To farmers selling their own produce.
B.
Provided further: Any person dealing in one or more
of the hereinabove mentioned exempt categories and selling other goods,
wares, materials, and merchandise not exempt 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, materials and merchandise
not in such exempt category.
C.
Provided further: The Secretary of the Board of Supervisors
of Washington Township, Franklin County, Pennsylvania, shall similarly
exempt from payment of the license fee, but not from registering with
him, persons working without compensation and selling goods, wares,
materials and merchandise for the sole benefit of any nonprofit corporation,
and person selling goods, wares, materials and merchandise at an event
commonly known as a civic or charitable celebration under the auspices
or sponsorship of any civic, charitable or philanthropic association.
D.
Provided further: Every license issued under the provisions
of this article shall be issued on an individual basis to persons
engaging in such a business. Each 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 licensed, except, however,
that any civic or charitable or philanthropic association conducting
or sponsoring an event commonly known as a civic or charitable celebration
may apply for such and shall be issued a license which shall apply
to all persons selling goods, wares, materials and merchandise at
such an event, and any civic, charitable or philanthropic association,
conducting or sponsoring such an event shall be exempt from payment
of the license fee fixed by this section.
Every person desiring a license under this article
shall first make application to the Secretary of the Board of Supervisors
of Washington Township, Franklin County, Pennsylvania, for such license.
Every such person required to obtain a license from any federal, state
or county officer, shall, when making application, exhibit a validated
license from said federal, state or county officer. The applicant
shall give his name and address; his previous criminal record, if
any; the name and address of the persons by whom he is employed; the
type of goods or materials and merchandise he wishes to deal in such
retail transient business; the length of time for which such license
is to be issued; and the type and license number of the vehicle to
be used by him, if any.
Upon receipt of such application and the prescribed
fee, the Secretary of the Board of Supervisors of Washington Township,
Franklin County, Pennsylvania, if he shall find such application in
order, shall file such application with the Board of Supervisors of
Washington Township, Franklin County, Pennsylvania, and 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 the license upon his person when engaging
in transient retail business from house to house or upon the streets,
roads, alleys and public grounds, or he shall display such license
at the location where he shall engage in such business if doing so
at a fixed location. He shall exhibit his license request to all police
officers, Township officers or citizens or residents of the Township
of Washington, Franklin County, Pennsylvania.
No person engaging in transient retail business
shall:
A.
Sell any products or type of products not mentioned
in his license.
B.
Hawk or cry his wares, goods, materials and merchandise
on any of the streets, roads, alleys, sidewalks or public grounds
of the Township of Washington, Franklin County, Pennsylvania.
C.
When selling from a vehicle, stop or park the vehicle
upon any of the streets, roads, alleys or public grounds of the Township
of Washington, Franklin County, Pennsylvania, for longer than necessary
to sell therefrom or to work the immediate vicinity.
D.
Park any vehicle upon any of the streets, roads, alleys
or public grounds of the Township of Washington, Franklin County,
Pennsylvania, for the purpose of sorting, rearranging or cleaning
any of his goods, wares, materials or merchandise, or disposing of
any cartons, wrapping paper or any food stuff which have become unsellable
from handling, age or otherwise.
E.
Engage in such business at any time on Sunday, or
on any other day of the week before 9:00 a.m. and after 7:00 p.m.,
prevailing time, unless from a fixed location, in which case the time
shall be from 9:00 a.m. until 9:00 p.m., prevailing time. Hours may
be extended upon receipt of special written permission from the Board
of Supervisors of Washington Township, Franklin County, Pennsylvania.
The Secretary of the Board of Supervisors of
Washington Township, Franklin County, Pennsylvania, shall supervise
the activities of all persons holding licenses under this article
and shall keep a record of all licenses issued and shall also make
a report monthly to the Board of Supervisors of Washington Township,
Franklin County, Pennsylvania, of the licenses issued.
The Chief of Police of Washington Township,
Franklin County, Pennsylvania, is hereby authorized to suspend any
license issued under this article when he deems the suspension to
be in the best interest, safety and morals of the residents of the
Township of Washington, Franklin County, Pennsylvania, or for violation
of any provisions of this article, or for giving false or incomplete
information upon any application for a license hereunder. Appeals
from any suspension may be made to the Board of Supervisors of Washington
Township, Franklin County, Pennsylvania at any time within 10 days
after the suspension of the license. No part of the license fee shall
be refunded to a person whose license shall have been suspended.
[Amended 9-15-1997 by Ord. No. 141][1]
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this article that is violated
shall also constitute a separate offense. The minimum fine to be imposed
is $50 per day or portion thereof for a first offense; $100 per day
or portion thereof for a second offense and $500 per day or portion
thereof for each subsequent offense. The Magisterial District Judge
may impose a fine of more than the minimum amounts set forth above.
