[HISTORY: Adopted by the Board of Supervisors of the Township of Derry as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-4-1973 by Ord. No. 1973-3]
This article shall be known as the "1973 Township of Derry Transient Retail Business Licensing Ordinance."
As used in this article, the following terms shall have the meanings indicated:
- Any person, firm, partnership, association, corporation, company or any organization of any kind.
- The Supervisors of the Township of Derry, Mifflin County, Pennsylvania
- The Township of Derry, Mifflin County, Pennsylvania.
- TOWNSHIP SECRETARY
- The Secretary of the Township of Derry, Mifflin County, Pennsylvania.
Every person, whether principal or agent, entering into, beginning, or desiring to begin a transient retail business in the Township of Derry, for the sale of any goods, wares, or merchandise, whatsoever, or whoever solicits funds for any purpose whatever, door to door, or who hires, leases, occupies, or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition or sale of such goods, wares, or merchandise, shall before entering into such business obtain a license from the Township of Derry. This article shall apply to such transient retail businesses regardless of whether such business is conducted from vehicles, by house to house solicitation, by telephone, or from any storeroom, apartment, dwelling or building whatsoever or from any other fixed position within said Township.
Application for the required license shall be made with the Secretary of the Board of Supervisors. The application shall be upon a form provided by the Township Secretary and shall contain at least the following information:
The full name of applicant and local address, if any.
The applicant's permanent address.
The name of employer or statement that such applicant is self-employed.
The nature of the goods, wares, services or merchandise offered for sale.
A statement as to whether or not the applicant has ever been convicted of any crime. If the answer is in the affirmative, the nature of the offense or offenses and the punishment imposed thereon.
Type of vehicle to be used, if any. Include make, license plate, name of registered owner, name and operator's number of any operators.
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph.
Where a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual license shall be required for each helper. No license under this article shall be transferable from one person to another.
Upon investigation and approval of the Chief of Police of Derry Township and payment of a license fee in the amount of $25, an official license shall be issued and, unless revoked, entitle the licensee to engage in the activities described in § 163-3 hereof for a period of 30 days.
Licenses for additional thirty-day periods each require new applications and the paying of an additional license fee for each period.
Such license when issued shall state the products to be sold or services to be rendered by the licensee. Every licensee when engaged in his business or activities within the Township shall carry said license upon his person, and shall exhibit the same upon request of all police officers, Township officials and citizens. No licensee shall engage in selling any product or service not mentioned on such license.
The licensee shall not permit any person to have possession of his official license and shall immediately report its loss to the Township Secretary and shall not cause or permit the same to be altered or defaced.
The following conduct of the licensee shall be grounds for revoking the said license:
Entering or attempting to enter any dwelling house or other structure without the invitation or permission of the occupant or not immediately leaving any premises upon request of the occupant.
The licensee representing his license to be an endorsement of himself or of goods and services of his principal of employer by the Township.
Misrepresentation or false statement in the course of the licensee's business.
Conviction of a crime involving moral turpitude or any violation of this article.
Any conduct of the licensee in an unlawful manner or in such manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Any license hereafter issued may be revoked or denied by the Board of Supervisors upon the failure of the licensee to comply with § 163-5 or § 163-6 hereof or upon ascertainment that the licensee has made any false statement in his application for license hereunder. Notice of revocation shall be given by written notice, personally served or sent by registered mail to the address designated for this purpose in the application for license.
The licensee shall immediately surrender his license card upon revocation thereof.
Any person whose license has been revoked shall be entitled to appear with counsel, if he so desires, before the Board of Supervisors at a regular or special meeting and be heard in behalf of a reinstatement of his license.
The provisions of this article shall not apply to the following:
Farmers engaged in selling of the produce of their farms by trucks or other vehicle.
Persons soliciting contributions on behalf of organizations or nonprofit corporations exempt in the provisions of or duly registered pursuant to the Act of 1925, May 13, P.L. 644, as amended.
Editor's Note: See now 10 P.S. § 162.1 et seq., the Solicitation of Funds for Charitable Purposes Act.
Any manufacturer or producer of the sale of bakery products, meat products, milk products or similar food products, such as ice water confections or anyone who shall be engaged in the distribution of newspapers.
Any salesman who solicits trade from wholesale and retail dealers in the Township of Derry.
Any salesman duly authorized to represent an insurance company which is properly authorized and licensed to do business within the Commonwealth of Pennsylvania.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge 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.