[HISTORY: Adopted by the Board of Supervisors of the Township of
Chestnuthill as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-23-1992 by Ord. No. 1992-02]
As used in this article, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm or corporation.
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.
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.
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.
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.
