[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Allen 4-17-1986 by Ord. No. 373. Amendments noted where
applicable.]
A.
GARAGE SALE
(1)
(2)
LICENSEE
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(a)
(b)
(2)
As used in this chapter, the following terms shall
have the meanings indicated:
Includes the following:
[Added 4-16-1987 by Ord. No. 394]
Sale or offering for sale of one or more new,
used or secondhand items of personal property at any one residential
premises at any one 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.
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.
Includes:
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
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.
Shall not include "transient merchants," as defined in Chapter 178, Pawnbrokers, Junk Dealers and Transient Merchants.
B.
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.
A.
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.
B.
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 of Upper Allen Township.
[Amended 6-17-1993 by Ord. No. 474]
C.
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.
A.
No license fee shall be required for the following:
(1)
Farmers seeking or taking orders for the sale of their
own fresh-grown produce.
(2)
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.
(3)
The seeking or taking of orders by insurance or real
estate agents or brokers licensed under the laws of the Commonwealth
of Pennsylvania.
(4)
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
(5)
Public or charitable activities in which the township
is a participant, such activities being conducted for the enjoyment
and well-being of the community.
(6)
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 Upper Allen Township, from time to time;[1] 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.
[Amended 9-15-2021 by Ord. No. 811]
A.
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 criminal history 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.
B.
Upon completion of the Department's investigation,
the Chief of the Township Police or his/her designated agent shall
endorse his/her disapproval upon the application and his/her reasons
for disapproval.
C.
No license
shall be issued to any person who has been convicted of a felony or
a misdemeanor or any crime of any kind involving moral turpitude,
and such person shall not be permitted to engage in peddling or soliciting
within the Township.
[Amended 9-15-2021 by Ord. No. 811]
A.
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 within 15
business days from the date of the filing of the application, provided
that the proper fee has been paid.
B.
Such license, when issued, must be worn by the solicitor
in conspicuous fashion and shall state the goods or services to be
sold or rendered by the solicitor.
C.
Any person
aggrieved by a denial of a license application may appeal the determination
to the Board of Commissioners of Upper Allen Township within 10 days
of such denial.
Every license issued under this chapter shall
be subject to the following:
A.
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.
B.
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.
C.
Such license shall contain the statement "The issuance
of this card does not endorse or sanction the activity or the product
of the bearer."
D.
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 Commissioners of Upper Allen Township
at any time within 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 Board of Commissioners of Upper Allen Township.
A.
No person shall engage in any transient retail business at any time on Sundays 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 A(1)(a) of the definition of "transient retail business" in § 227-1A hereof and between the hours of 8:00 a.m. and 10:00 p.m., prevailing time, for such business as defined in Subsection A(1)(b) of the definition of "transient retail business" in § 227-1A hereof, nor on any other day of the week before 8:00 a.m. or after the earlier of 8:00 p.m. or sunset, prevailing time, for retail transient business as defined in Subsection A(1)(a) of the definition of "transient retail business" in § 227-1A hereof and between the hours of 8:00 a.m. and 10:00 p.m., prevailing time, for such business as defined in Subsection A(1)(b) of the definition of "transient retail business" in § 227-1A hereof, except as to any licensee who obtains the consent of a property occupant prior to presenting himself in person. There shall be no soliciting on legal holidays.
[Amended 9-15-2021 by Ord. No. 811]
B.
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.
C.
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.
D.
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.
E.
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 1/3 inch in height.
F.
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.
G.
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.
H.
No person who engages in a transient retail business
shall sell any product, service or subscription not specified in his/her
license.
I.
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.
J.
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.
A.
Any person who shall violate any of the provisions
of this chapter shall, upon conviction thereof before any Magisterial
District Judge of the township, for every such violation, be sentenced
to pay a fine of not more than $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 30 days.
[Amended 6-17-1993 by Ord. No. 474]
B.
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]
A.
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.
B.
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]
C.
The terms
and provisions of this chapter regulating and licensing transient
retail businesses shall not apply to any person or individual that
is merely proselytizing for either religious or political purposes,
distributing religious or political handbills at no cost, or exercising
the right to anonymous religious or political speech without soliciting
any funds and without selling any goods or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
