[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Allen 4-17-1986 as Ord. No. 373. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- GARAGE SALE
- Includes the following:[Added 4-16-1987 by Ord. No. 394]
- (1) Sale or offering for sale of one (1) or more new, used or secondhand items of personal property at any one (1) residential premises at any one (1) time by the owner thereof or a group of owners of neighboring residences who band together to conduct a joint sale from a single or multiple residences.
- (2) All sales in residential areas entitled "garage sale," "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," "flea market sale" or any similar term announcing the casual sale of items of tangible personal property on the conditions as noted in Subsection (1) above, shall constitute "garage sales" hereunder.
- Any natural person to whom a license has been issued under this chapter.
- Any natural person, partnership, association, firm or corporation.
- (1) Includes:
- (a) Engaging in peddling, selling, canvassing, soliciting or taking orders for, either by sample or otherwise, any goods, wares or merchandise upon any of the streets, alleys, sidewalks or public grounds or from house to house within the Township of Upper Allen; and
- (b) 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 particular yearly holidays.
- (2) Shall not include "transient merchants," as defined in Chapter 178, Pawnbrokers, Junk Dealers and Transient Merchants.
In this chapter, the masculine shall include the feminine and the neuter, the singular shall include the plural, and the plural shall include the singular.
No person shall engage in any transient retail business within the Township of Upper Allen without first having obtained from the Secretary of the Township of Upper Allen a license.
Except as otherwise provided in § 227-3, the fees for licenses to engage in transient retail businesses shall be set, from time to time, by resolution of the Board of Commissioners.
If any licensee shall desire to continue in such business after the expiration of such license, he/she shall secure a new license in the same manner and upon the same terms as the original license.
No license fee shall be required for the following:
Farmers seeking or taking orders for the sale of their own fresh-grown produce.
The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.
The seeking or taking of orders by insurance or real estate agents or brokers licensed under the laws of the Commonwealth of Pennsylvania.
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
Public or charitable activities in which the township is a participant, such activities being conducted for the enjoyment and well-being of the community.
Persons whom the Secretary of the township determines, in his/her discretion, are working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit corporation or similar entity whose purpose is charitable or philanthropic. In exercising the discretion conferred by this subsection, the Secretary of the township shall consider the facts and circumstances and shall not act in an arbitrary or capricious manner.
Every person desiring a license under this chapter shall first make application to the Secretary of the township or his/her designated agent. If such person shall also be required to obtain a license from any state or county officer, he/she shall, when making application, exhibit a valid license from such state or county officer. The applicant shall give his/her name and residence address; his/her previous criminal record, if any; the name of the person by whom he/she is employed; the type and origin of the goods, wares and merchandise he/she wishes to deal with in such transient retail business; the length of time for which the license is to be issued; the last previous municipality in which he/she has conducted such business; the type and license number of the vehicle or vehicles to be used, if any; and such other relevant information as the Secretary of the township may deem necessary and proper to protect public health and safety. The Secretary of the township may also collect an application fee in an amount to be determined by resolution adopted by the Board of Commissioners of the township, from time to time; however, such application fee shall be credited in full toward the license fee and shall not exceed the license fees specified in § 227-2. No such application fee shall be required for applications under § 227-3A. Further, as to any organization qualifying for exemption from payment of the license fee under §§ 227-3A, 227-5 and 227-6, the organization may elect, instead of each person applying for a license, to file a single application for the organization's activity, which single application would identify each and every person engaging in transient retail business on behalf of the organization.
Upon receipt of the application and the prescribed fee, if applicable, the Secretary of the township or his/her designated agent shall immediately transmit the application to the Township Police Department, which Department shall without delay take such action as may be necessary to verify the identity and character of the applicant or persons identified on an application for an organization filed under §§ 227-3A, 227-5 and 227-6 and to verify the statements and information contained in the application.
Upon completion of the Department's investigation, the Chief of the Township Police or his/her designated agent, if he\she is satisfied that the applicant or persons, as the case may be, are of good character and that the business is legitimate, shall endorse his/her approval upon the application. If not so satisfied, the Chief of the Township Police or his designated agent shall endorse his/her disapproval upon the application and his/her reasons for disapproval.
The Secretary of the township, upon receipt of the action on any application under this chapter from the Chief of the Township Police or his/her designated agent, shall notify the applicant of the action taken by the Chief of the Township Police or his/her designated agent. If the application shall have been approved, the Secretary of the township shall forthwith issue a license in accordance with the application.
Appeals from any denial of license may be made to the Board of Township Commissioners at any time within ten (10) days after such denial is communicated to such applicant. No license fee shall be required if no license is issued.
Every license issued under this chapter shall be subject to the following:
Such license shall be issued on an individual basis to each licensee engaging in such business, except in cases of organizations filing under §§ 227-3A, 227-5 and 227-6 hereof, in which case the organization would receive the license and the persons registered thereunder would receive appropriate proof of the issuance of the license. A separate application and license fee, if applicable, shall be required of each natural person engaging in such business, whether as an employee, sole proprietor or partner of any other person.
Such license shall be displayed on the person of the licensee at all times when engaged in transient retail business in the township, and the licensee shall exhibit such license upon request by all police officers, township officials and residents.
Such license shall contain the statement "The issuance of this card does not endorse or sanction the activity or the product of the bearer."
Such license shall specify the products to be sold, the services to be rendered or the subscriptions to be solicited by the licensee and the expiration date of the license.
The Secretary of the township and the Chief of the Township Police or their designated agents are hereby authorized to revoke any license issued under this chapter when they deem such revocation to be beneficial to the public health, safety or morals; or for the violation of any of the provisions of this chapter; or for misrepresentation by a licensee to any customer or prospective customer by making any statement not in accord with the information upon such person's application for license; or for giving false information upon any application for a license hereunder. Appeals from any revocation may be made to the Board of Township Commissioners at any time within ten (10) days after such revocation. No part of a license fee shall be refunded to any person whose license shall have been revoked.
The Police Department shall supervise the activities of all persons holding licenses under this chapter and shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Township Board of Commissioners.
No person shall engage in any transient retail business at any time on Sundays or legal holidays other than between the hours of 1:00 p.m. and 6:00 p.m., prevailing time, for transient retail business as defined in Subsection (1)(a) of the definition of "transient retail business" in § 117-1A hereof and between the hours of 8:00 a.m. and 10:00 p.m., prevailing time, for such business as defined in Subsection (1)(b) of the definition of "transient retail business" in § 117-1A hereof, nor on any other day of the week before 8:00 a.m. or after 6:00 p.m., prevailing time, for retail transient business as defined in Subsection (1)(a) of the definition of "transient retail business" in § 117-1A hereof and between the hours of 8:00 am. and 10:00 p.m., prevailing time, for such business as defined in Subsection (1)(b) of the definition of "transient retail business" in § 117-1A hereof, except as to any licensee who obtains the consent of a property occupant prior to presenting himself in person.
No person shall maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the township for any longer than necessary to make his presence known to persons residing in the immediate vicinity. No licensee shall place or deposit any refuse on any such street, highway or alley.
No person shall occupy any fixed location upon any of the sidewalks, streets, highways or alleys of the township for the purpose of engaging in any transient retail business with or without any stand or counter.
No person shall engage in a transient retail business or remain on the premises of any residence after having been asked by the occupant thereof to leave such premises or residence.
No person shall engage in a transient retail business upon any premises or residence located thereon if such premises or residence is posted against solicitation by means of a notice prominently displayed, upon which is printed the legend "NO SOLICITORS." A premises or residence shall be deemed to be posted against peddling or soliciting if there is exhibited, on or near the main entrance to the premises or on or near the main door to any residence located thereon, a sign at least three by four (3 x 4) inches in size, which bears the above legend in letters at least one-third ( 1/3) inch in height.
No person who engages in a transient retail business shall use a plan, scheme or ruse or make any statement which indicates or implies that the purpose of such person's visit is other than to obtain orders for or to make sales of goods or services.
No person who engages in a transient retail business shall misrepresent the right of a buyer to rescind or cancel a sale under the provisions of applicable law, and such person shall provide the buyer with all information required by state and federal regulations.
No person who engages in a transient retail business shall sell any product, service or subscription not specified in his/her license.
No person who engages in a transient retail business shall hawk or cry his/her wares upon any of the streets, alleys, sidewalks or public grounds in the township or use any loudspeaker or horn or any other device for announcing his/her presence which may annoy the public.
No person who engages in a transient retail business shall park any vehicle on any of the streets or alleys in the township for the purpose of sorting, rearranging or cleaning any of his/her goods, wares or materials or for disposing of any cartons or wrapping materials or of any goods, wares or materials or of foodstuffs which may have become unsaleable.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before any District Justice of the township, for every such violation, be sentenced to pay a fine of not more than six hundred dollars ($600.) and costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than thirty (30) days.
The violation of any of the provisions of this chapter shall constitute a separate violation for each day of any such violation.
[Added 4-16-1987 by Ord. No. 394]
The terms and provisions of this chapter regulating and licensing transient retail business shall not apply to garage sales, as defined above, so that a person conducting a garage sale shall not be deemed engaged in transient retail business as defined in this chapter and shall not be required to file an application for a license or be subject to the general provisions applicable herein to transient retail business.
The terms and provisions of this chapter regulating and licensing transient retail businesses shall not apply to certain occasional sales by or to sales by non-on-going concerns or incidental activities of community, charitable, religious or other organizations operating on a non-profit occasional sales basis, including but not limited to Girl Scout cookie sales, bake sales and rummage sales, and shall not apply to sales by persons of home-delivered daily or periodically published mass circulation newspapers, magazines or like publications.
[Added 5-21-1987 by Ord. No. 395]