Township of Chestnuthill, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Chestnuthill as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk dealers — See Ch. 64.
Parks and recreation areas — See Ch. 78.
[Adopted 7-23-1992 by Ord. No. 1992-02]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any natural person, association, partnership, firm or corporation.
TRANSIENT RETAIL BUSINESS
Engaging in peddling, canvassing, soliciting or taking orders for any books, wares, merchandise or services upon any of the streets, alleys, sidewalks or public property or from house to house in the Township of Chestnuthill.
TRANSIENT RETAIL BUSINESS - FIXED LOCATION
Engaging in the advertising, soliciting, taking orders or in direct over-the-counter sales for any books, wares, home furnishings, horticultural products, fireworks, food, drinks or other provisions, or any other merchandise or services from any fixed location upon any property, public or private, in Chestnuthill Township.
[Added 10-24-2002 by Ord. No. 2002-04]
[Amended 10-24-2002 by Ord. No. 2002-04]
No person shall engage in any transient retail business or in any transient retail business - fixed location within the Township of Chestnuthill without first obtaining from the Township a license as herein provided. If a person desires to continue engaging in a transient retail business after the expiration of the license, the person shall file a new application and pay a new license fee.
A. 
Provided, however, that no license fee or registration fee shall be required under this article:
(1) 
Of residents of Chestnuthill Township. For purposes of this exclusion, proof of annual filing of a Chestnuthill Township earned income tax return shall be acceptable evidence of residency.
(2) 
Of any person seeking or taking orders pursuant to invitation of or license from the landowner of that fixed location.
B. 
Provided, further, that no license fee shall be charged under this section:[1]
(1) 
To farmers selling their own produce.
(2) 
For the sale of goods, wares and merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose.
(3) 
To any manufacturer or producer in the sale of breads or bakery products, meat and meat products or milk and milk products.
(4) 
To insurance companies or their agents or brokers authorized to transact business under the insurance laws of the commonwealth.
(5) 
To any charitable organization, or its agents or employees, which is not in violation of the Act of August 9, 1963, P.L. 628, 10 P.S. § 162.1 et seq., as amended, known as the "Solicitation of Funds for Charitable Purposes Act," governing solicitations for benevolent, educational, philanthropic, humane, patriotic, religious or similar purposes.
(6) 
To any person taking orders for merchandise from dealers or merchants for resale by such dealer or merchant.
(7) 
To the seeking or taking of orders pursuant to invitation of the party from whom an order is sought.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Provided, however, that any transient retail business dealing in one or more of the excepted categories and selling other goods, wares, merchandise or services not excepted shall be subject to a license fee fixed by this article for its activities in connection with the sale of goods, services or merchandise not in any of the excepted categories.
D. 
Provided, further, that the Township may similarly exempt from the payment of the license fee and from registration with the Township persons working without compensation in selling goods, wares, services or merchandise for the benefit of any nonprofit organization, any elementary or secondary school-sponsored activity or bona fide youth organizations such as but not limited to the Boy Scouts and Girl Scouts of America.
A. 
Every person desiring a license under this article shall first make application to the Chestnuthill Township Zoning Office for such license. The application shall be upon a form provided by the Zoning Office and shall contain the following information, which shall be verified by oath or affirmation:
(1) 
The full name of the applicant and his local address, if any.
(2) 
The permanent address of the applicant.
(3) 
The name of the employer of the applicant or a statement that such applicant is self-employed.
(4) 
The nature of the goods, merchandise or services to be offered for sale.
(5) 
A statement as to whether or not the applicant has ever been convicted of any crime, other than a traffic offense, and if the answer is in the affirmative, the nature of the offense or offenses and the punishment imposed.
(6) 
The period for which the license is to be issued.
(7) 
The type and license number of the vehicle to be used, if any.
(8) 
Upon request, the applicant shall furnish a photograph.
B. 
Where an applicant requests an application for himself and one or more helpers, a separate application shall be submitted by each helper.
[Amended 10-24-2002 by Ord. No. 2002-04[1]]
Upon receipt of such application and the license fee, the Zoning Officer or his designee shall, if the application is in order, issue the license required under this article. No license for transient retail business shall be issued for a period in excess of one year; however, a permit for transient retail business - fixed location shall not exceed 12 consecutive calendar days. The Chestnuthill Township Board of Supervisors reserves the right to establish a separate fee structure for transient retail business - fixed location licensees as set from time to time by resolution.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Such license, when issued, shall state the products or services to be sold by the licensee and shall identify the organization for which the licensee works. The license shall contain such other information as the Township deems advisable.
B. 
Each licensee shall at all times when engaged in a transient retail business carry such license upon his person and shall exhibit it upon request to all police officers, Township officials and citizens.
No person engaged in any transient retail business shall:
A. 
Sell any product or service not mentioned in the license.
B. 
Engage in such transient retail business at any time on Sunday or upon any other day of the week before 9:00 a.m. or after 8:00 p.m.
C. 
Use any loudspeaker or horn or any other device for announcing his presence by which the public is annoyed.
D. 
Place or deposit any refuse upon any of the streets, alleys or public lands of the Township.
E. 
When selling from a vehicle, stop or park such vehicle upon any of the streets, alleys or public places of the Township longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
F. 
Fail to leave the premises of a resident when requested to do so by the resident.
G. 
Occupy any fixed location upon any of the streets, alleys, parking lots, sidewalks or public places in the Township for the purpose of conducting business, with or without a stand or counter, unless permitted as a transient retail business - fixed location licensee.
[Amended 10-24-2002 by Ord. No. 2002-04]
Any license issued under this article may be revoked at any time by the Zoning Officer of the Township for violation of any of the provisions of this article or for giving false information on any application for a license hereunder or for the licensee having been convicted of any crime, other than a traffic violation, after issuance of such a license or for having been convicted of violating any ordinance of the Township after issuance of such a license or if the licensee has engaged in a fraudulent transaction or enterprise after the issuance of such license. An appeal from any revocation by the licensee may be made to the Board of Supervisors within 10 days after such revocation, and a hearing on such revocation shall be held by the Board of Supervisors within 15 days following the filing of such an appeal.
[Amended 10-24-2002 by Ord. No. 2002-04[1]]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a District Justice 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).