[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-14-2003 by Ord. No. 439]
Editor's Note: This ordinance also repealed former Art. I, Transient Retail Merchants, adopted 1-18-1999 by Ord. No. 408.
This article shall be known and may be cited as the "Tobyhanna Township Transient Retail Ordinance."
As used in this article, the following terms shall have the meanings indicated:
- TRANSIENT RETAIL BUSINESS
- A business that engages in the sale and/or exhibition of goods, wares or merchandise at any place in the Township on a temporary basis and which does not intend to become and does not become a permanent retail business of the Township. "Temporary" is defined herein to mean lasting for a period of time of less than six consecutive months and/or existing and/or continuing to exist for a limited time of six consecutive months or less. "Permanent" is defined herein as continuing or enduring in the same state, status, place or the like without fundamental or marked change on a daily basis for a period of time in excess of six consecutive months. For these purposes, a transient retail business which contracts with a permanent retail business or any of its subcontractors to conduct a transient retail business upon the real property of the permanent retail business shall be considered and is a transient retail business subject to the provisions of this article. The fact that a transient retail business conducts such business within the Township on a periodic basis, for example, on a once-a-month or once-a-year basis, does not affect such business's status and it shall be considered for these purposes at all times a transient retail business.
Every person, resident or nonresident, whether principal or agent, entering into, beginning or desiring to begin a transient retail business in Tobyhanna Township for the sale of any goods, wares or merchandise whatsoever, and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition and/or sale of such goods, wares or merchandise, shall make application to Tobyhanna Township for a transient retail merchant's license, shall pay the appropriate license fee to Tobyhanna Township and shall obtain a transient retail merchant's license from Tobyhanna Township for each and every room, apartment, store, shop, building, railway car or other place or structure used for the exhibition and/or sale of such goods, wares or merchandise, before such person enters into, begins or desires to begin a transient retail business in the Township for the sale of any goods, wares or merchandise whatsoever.
Failure of the applicant to fully complete the application or supply the necessary documents or information so required under the provisions of this article shall constitute just cause to reject and deny the application.
[Amended 7-11-2005 by Ord. No. 455]
The term of said license shall be for one year from the date such license is issued.
[Amended 7-11-2005 by Ord. No. 455]
The applicant shall submit with his or her application the appropriate nonrefundable license fee. The fee per license is $300 per year. This fee may be changed from time to time by resolution of the Board of Supervisors.
Applicant shall be obliged to provide for the health, safety and welfare of its patrons and the general public.
Said business shall not be conducted on a public street, shoulder or easement. In the case of a transient retail merchant who conducts door-to-door solicitations, the traveling over the public street, road, highway or thoroughfare, or its shoulders or easements, to its prospects shall not be considered prohibited herein as long as such solicitations, exhibitions and/or sales are conducted solely and wholly upon the private property of the solicitee and solely and wholly off the public street, road, highway or thoroughfare, or its shoulders or easements.
The real property upon which the transient retail business is intended to be sited and/or located must be zoned for such and have a valid zoning permit, together with any and all other required permits or licenses, including but not limited to building, occupancy, septic, highway occupancy, amusement license, DEP health license, etc.
The transient retail business must provide adequate ingress and egress, parking facilities, sewage facilities and waste disposal facilities on the real property as may be appropriate and necessary for the operation of the transient retail business.
The transient retail business shall not interfere with, obstruct or delay traffic and/or pose an imminent danger of harm to the general public and/or the public street, road, highway or thoroughfare by the operation of its transient retail business.
The applicant shall submit an application in the form determined by the Township, and shall in appropriate cases provide the Township with a sketch or plan of the location where the transient retail business will be conducted, sufficient to allow the Township to determine whether the requirements of this article, including but not limited to traffic, ingress, egress, easements, road shoulders, and other issues affecting the public safety and welfare, will be satisfied.
[Added 7-11-2005 by Ord. No. 455]
[Added 7-11-2005 by Ord. No. 455]
The maximum duration that any transient retail business shall operate within the Township shall be eight days during the one-year term of the license, whether such days run consecutively or separately, not including a reasonable time to set up and to dismantle the sales location and related facilities before and after the days of actual operation. The licensee shall be responsible for dismantling and removing from the sales location all signs, stands, vehicles, trailers, tents, structures and other facilities, appurtenances, materials and equipment promptly following the completion of each period of actual operation. However, in no event shall any property owner permit any transient retail operation or any combination of transient retail operations to be conducted on his or her property, nor shall any transient retailer conduct retail sales operations in any given location or on any given tract of property within the Township, more than twice during any calendar year.
This article and its provisions shall not apply to farmers selling their own produce pursuant to the provisions contained in the Second Class Township Code, 53 P.S. § 66532.
Charitable or philanthropic persons, organizations, groups or associations conducting and/or sponsoring the sale of goods, wares or merchandise, the proceeds of which are applied to that charitable or philanthropic purpose, shall be required to file a transient retail merchant's license application with the Tobyhanna Township license issuer to determine applicability of the provisions of this article to the charitable or philanthropic business operation. If the charitable or philanthropic business operation is exempt under the provisions of this article, no license fee shall be charged and the charity or philanthropy shall be issued a transient retail merchant's exemption license.
It shall be unlawful for any person to operate a transient retail business without a transient retail merchant's license. It shall also be unlawful for any person to operate a transient retail business when the transient retail merchant's license has been suspended or revoked, and it shall also be unlawful for any person, licensed or unlicensed, to violate any of the provisions of this article. Such violations shall be enforced through the institution of summary proceedings against such persons violating the provisions of this article.
Any person who shall violate any of the provisions of this article shall, upon conviction in a summary proceeding, be fined $300 to $1,000 and, in default of payment of said fines, shall be imprisoned in the Monroe County Jail for a period not exceeding 30 days.
A separate offense and violation shall be deemed to have been committed for each and every day during which a violation of the provisions of this article occurs or continues.