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Township of Upper Allen, PA
Cumberland County
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Table of Contents
Table of Contents
As used in this article, unless the context indicates otherwise, the following terms shall have the meanings indicated:
TRANSIENT MERCHANT
Any person who occupies a room, apartment, store, shop, building, private lot or other fixed location, including, but not limited to, a person who rents space and maintains a stall or other place of business at a location in common with other such persons and business locations, some of which operations are commonly known as "flea markets", for the purpose of purchasing and/or selling goods, wares or merchandise of any description with the intention of not remaining more than 100 days. In addition, "transient merchants" shall be deemed to include dealers in metals and jewelry, both precious and semi-precious, stamps and other like valuable collectibles, regardless of whether their place of business is permanent or temporary in the Township. Each and every operator of an establishment with facilities used and occupied by a number of transient merchants, including operators of flea markets, shall keep a record of all such transient merchants using and occupying space which shall include the name, address and phone number of each transient merchant and the space number, location and general description of the merchandise being handled by each such transient merchant. Shall not include "transient retail business" as defined in Chapter 227.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each and every transient shall keep a book legibly written in the English language in which shall be recorded:
A. 
A full and accurate description of all articles received in any way in the course of business.
B. 
The date and time of such transaction.
C. 
The description of the person(s) with whom such a transaction was completed, including that person's name, address, date of birth, sex, race and motor vehicle operator's number.
All transient merchants shall, within two hours of the close of their business day, provide a written report to the Police Department containing a full and accurate description of all articles received in the course of his business during that immediate business day, the amount of money paid therefor and a description of the person(s) from whom such goods were in any way received, including that person's name, address, date of birth, sex, race and motor vehicle operator's number. Forms for this purpose are to be provided by the Police Department.
Notification must be provided to the Police Department that the transient dealer intends to terminate his business operation not less than 48 hours before such termination. Such notification shall include an address at which the transient dealer may be reached for the 10 days immediately prior to the termination.
All transient merchants shall retain, at their immediate local place of business, any goods received in the course of business, in the original shape, form, and condition in which they were received, and shall not sell or dispose of such goods in any way until seven days have elapsed from the time of furnishing to the police a form containing the information on such articles as required by § 178-13.
A transient merchant shall not accept a pledge from a person under the age of eighteen years nor from any person under the influence of alcohol or drugs or any known thieves.