[HISTORY: Adopted by the Board of Supervisors
of the Township of Exeter as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-26-1982 by Ord. No. 174]
[Amended 6-27-1994 by Ord. No. 361]
As used in this article, the following terms
shall have the meanings indicated. The singular shall include the
plural, the plural shall include the singular, and the masculine shall
include the feminine and the neuter.
New Year's Day, Easter, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day, and Christmas.
Any natural person, partnership, association, corporation,
or other legal entity.
A period of time not to exceed 90 days.
Engaging in peddling, soliciting, or taking
orders, either by sample or otherwise, for any goods, wares, or merchandise
upon any street, alley, sidewalk, or other public ground, or from
house to house, within the Township of Exeter.
Selling, soliciting, or taking orders for any
goods, wares, or merchandise, from a fixed location within the 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.
[Amended 6-27-1994 by Ord. No. 361; 8-13-2007 by Ord. No. 640]
A.
No person shall engage in any transient retail business
within the Township of Exeter without first having obtained from the
Chief of Police a license, for which a fee, which shall be for the
use of the Township, shall be charged and paid to the Township business
office in an amount to be established from time to time by resolution
of the Board of Supervisors. However, no permit or fee is required
as it applies to religious proselytizing, anonymous political speech
and the distribution of handbills.
B.
Provided, no license fee shall be charged under this
section:
(1)
To farmers selling their own produce.
(2)
For 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.
(3)
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products, or milk and milk products.
(4)
To children under the age of 18 years who take orders
for and deliver newspapers, greeting cards, candy, bakery products
and the like, or who represent the Boy Scouts or Girl Scouts or similar
organizations.
(5)
To the seeking or taking of orders by insurance agents
or brokers licensed under the insurance laws of the Commonwealth of
Pennsylvania.
(6)
To a person who has complied with the provisions of
the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq., as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania.
(7)
For taking orders for merchandise, by sample, from
dealers or merchants for individuals or companies who pay a license
or business privilege tax at their chief place of business.
C.
But all persons exempted hereby from the payment of
the license fee shall be required to register with the Chief of Police
and obtain a license without fee. Provided; further, any person dealing
in one or more of the above-mentioned exempted categories, and dealing
with other goods, wares, or merchandise not so exempted, 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, and merchandise
not in such exempted categories, provided; further, the Chief of Police
may similarly exempt from payment of the license fee, but not from
registering with him, persons working without compensation and selling
goods, wares, or merchandise for the sole benefit of any nonprofit
corporation. Provided; further, every license issued under the provisions
of this article shall be issued on an individual basis to any person
or persons engaging in such business; every 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 license,
except that a representative of a charitable organization may obtain
the licenses for the applicants therein.
D.
No person, licensed under this article, shall park
any vehicle upon any of the streets or alleys of the Township in order
to sort, rearrange or clean any of his goods, wares or merchandise;
nor may any such person place or deposit any refuse upon any of such
streets or alleys; nor may 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 or distribute
therefrom to persons residing in the immediate vicinity.
E.
No person, licensed under this article, shall occupy
any fixed location upon any of the streets, alleys or sidewalks of
the Township, with or without any stand or counter.
Every person desiring a license under this article
shall first make application to the Chief of Police for such license.
If such person shall also be required to obtain a license from any
state or county officer, he shall, when making such application, exhibit
a valid license from such state or county officer. The applicant shall
state:
A.
A criminal record, if any.
B.
The name and address of the person by whom he is employed.
C.
The type of goods, wares, and merchandise he wishes
to deal with in such transient retail business.
D.
The length of time for which license is to be issued.
E.
The type and license number of the vehicle to be used,
if any.
Upon receipt of such application and the prescribed
fee, the Chief of Police, if he shall find such application in order,
shall 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 such license upon his person
if engaged in transient retail business from house to house or upon
any of the streets, alleys, sidewalks, or public grounds, or shall
display such license at the location where he shall engage in such
business if doing so at a fixed location. He shall exhibit such license,
upon request, to all police officers, municipal officials, and citizens
or residents of the Township of Exeter.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned
in his license.
B.
Hawk or cry his wares upon any of the streets, alleys,
sidewalks or other public grounds in the Township.
C.
When operating from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the Township for longer than
necessary in order to sell therefrom to persons residing (or working)
in the immediate vicinity.
D.
Park any vehicle upon any of the streets or alleys
in the Township for the purpose of cleaning any of his goods, wares,
or merchandise or of disposing of any carton, wrapping material or
of any stock or wares or food stuffs which have become unsaleable
through handling, age or otherwise.
E.
Engage in any business activity, except by prior appointment,
at any time on a Sunday or legal holiday or at any time before 9:00
a.m. or after 6:00 p.m. on any day of the week other than a Sunday
or legal holiday.
The Chief of Police or his designee shall supervise
the activities of all persons holding licenses under this article.
He shall keep a record of all licenses issued hereunder and shall
make a report thereof each month to the Board of Supervisors.
The Chief of Police is hereby authorized to
suspend or revoke any license issued under this article when he deems
such suspension or revocation to be beneficial to the public health,
safety, or morals, for violation of any provision of this article,
or for giving false information upon any application for a license
hereunder. Appeals from any suspension or revocation may be made to
the Board of Supervisors at any time within 10 days after such suspension
or revocation. No part of a license fee shall be refunded to any person
whose license shall have been suspended or revoked.
[Amended 8-13-2007 by Ord. No. 640]
Any person, firm or corporation who shall violate
any provision of this article, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this article continues or each section of this article
which shall be found to have been violated shall constitute a separate
offense.
