[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.]
A.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have
the meanings indicated, unless a different meaning clearly appears from the
context:
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas.
Any natural person, partnership, association, corporation or other
legal entity.
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
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.
B.
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.
A.
No license or fee shall be charged:
(1)
To farmers selling their own produce such as their own
local corn, berries, firewood, hay, eggs and shrubbery;
(2)
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;
(3)
To any manufacturer or producer in the sale of bread
and bakery products, meat and meat products or milk and milk products;
(4)
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;[1]
(5)
To the seeking or taking of orders by insurance agents
or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
(6)
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;[2] or
[2]
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.
(7)
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.
B.
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:
A.
His criminal record, if any;
B.
The name and address of the person by whom he is employed;
C.
The type of goods, wares and merchandise he wishes to
deal with in such transient retail business;
D.
The length of time for which license is to be issued;
and
E.
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:
A.
Sell any product or type of product not mentioned in
his license.
B.
Hawk or cry his wares upon any of the streets, alleys,
sidewalks or public grounds in the township.
C.
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.
D.
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;
E.
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.
