[HISTORY: Adopted by the Board of Supervisors of the Township of Thornbury as Ch. 13, Part 1, of the 1983 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- LEGAL HOLIDAY
- New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
- Any natural person, partnership, association, corporation or other legal entity.
- (1) Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground, or from house to house, within the township; or
- (2) 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 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.
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
No person shall engage in any transient retail business within the township without first having obtained from the Code Enforcement Officer a license, for which a fee, which shall be for the use of the township, shall be charged, as set by resolution from time to time.
No license or fee shall be charged:
To farmers selling their own produce such as their own local corn, berries, firewood, hay, eggs and shrubbery;
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;
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products;
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;
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1 et seq. (1982), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania; or
Editor's Note: Said act was repealed April 30, 1986, by P.L. 107, No. 36, § 19. See now 10 P.S. § 162.1 et seq.
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.
Every license issued under the provisions of this chapter 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 licenses for the applicants therein.
Every person desiring a license under this chapter shall first make application to the Code Enforcement Officer for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The applicant shall state:
His criminal record, if any;
The name and address of the person by whom he is employed;
The type of goods, wares and merchandise he wishes to deal with in such transient retail business;
The length of time for which license is to be issued; and
The type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the Code Enforcement Officer, if he shall find such application in order, shall issue the license required under this chapter. 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.
No person in any transient retail business shall:
Sell any product or type of product not mentioned in his license.
Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in the township.
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.
Park any vehicle upon any of the streets or alleys in the township for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise;
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 8:00 a.m. or after 10:00 p.m. on any day of the week other than a Sunday or legal holiday.
The Code Enforcement Officer shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Board of Supervisors.
The Code Enforcement Officer is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be beneficial to the public health, safety or morals, for violation of any provision of this chapter, 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.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the township before a District Justice, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees incurred by the township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, the township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.