This chapter shall be known and may be cited
as the "Transient Retail Business Ordinance" of Potter Township.
[Amended 7-26-2000 by Ord. No. 85]
A. License required.
(1) No person shall engage in any transient retail business
within the Township without first having obtained a license from the
Secretary.
(2) Every license issued shall be issued to a natural
person and shall be nontransferable.
(3) Every natural person who is the agent, servant or
employee of another person shall be required to secure a license.
B. License fee. The amount of the fee shall be determined
by the Board of Supervisors from time to time by resolution.
C. License fee exemptions.
(1) The following categories of persons, or agents, servants
or employees of such persons, shall be exempt from the license fee:
(a)
A farmer selling his or her own produce.
(b)
A manufacturer or producer selling any of the
following of his or her own products:
[1]
Bread or bakery products.
(c)
Any person selling goods, wares and merchandise
donated by the owner thereof, the proceeds of which are to be donated
to a nonprofit civic, charitable, philanthropic or governmental entity.
(d)
Any person working without compensation and
selling goods, wares and merchandise, for a nonprofit civic, charitable,
philanthropic or governmental entity.
(e)
Any other category of person as determined by
the Board of Supervisors from time to time by resolution.
(2) Every person engaging in more than one transient retail
business within the Township, one or more of which requires the payment
of a license fee and one or more of which is exempt from a license
fee, shall be required to pay a license fee for each activity which
is not exempt.
Every person desiring a license under this chapter
shall first make application to the Township Secretary for such license.
If such person shall also be required to obtain a license from any
commonwealth or county officer he shall, when making such application,
exhibit a valid license from such commonwealth or county officer.
The applicant shall give:
B. His previous criminal record, if any;
C. The name of the person by whom he is employed;
D. The type of goods, wares and merchandise he wishes
to deal with in such transient retail business;
E. The length of time for which such license is to be
issued; and
F. The type and license number of the vehicle to be used
by him in such transient retail business, if any.
Upon receipt of the application and the prescribed
fee, the Township Secretary 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 character of the applicant, and to verify the statements and information
contained in the application. Upon completion of its investigation,
the Police Department, if it is satisfied that the applicant is of
good character, and that his business is legitimate, shall endorse
its approval upon the application. If not so satisfied, the Police
Department shall endorse its disapproval upon the application and
its reasons for disapproval.
The Township Secretary, upon receipt of any
application under this chapter from the Police Department, shall immediately
notify the applicant of the action of that Department, and if the
application shall have been approved, the Township Secretary shall
forthwith issue a license in accordance with the application.
Every license holder shall carry such license
upon his person, if engaged in a transient retail business from house
to house or upon any street, alley, sidewalk or public ground, 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, Township officials
and citizens or residents of the Township.
No person engaged 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 street, alley, sidewalk
or public ground; nor use any loudspeaker or horn or any other device
for announcing his presence by which the public is annoyed;
C. When selling from a vehicle, stop or park such vehicle
upon any street or alley in the Township for longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity;
D. Park any vehicle upon any street or alley in the Township
for the purpose of sorting, rearranging or cleaning any of his goods,
wares or merchandise or of disposing of any cartons or wrapping material
or of any stock of wares or foodstuffs which may have become unsalable
through handling, age or otherwise;
E. Engage in any such business, on a house-to-house business,
at any time on Sunday, or on any other day of the week at any time
before 8:00 a.m. or after 5:00 p.m., except on advance appointments;
F. Go in or upon any private residence in the Township
without having been requested or invited to do so by the owner or
occupant of such residence;
G. Occupy any fixed location upon any of the streets,
alleys, or sidewalks of the Township for the purpose of conducting
any transient retail business, with or without any stand or counter.
The Police Department shall supervise the activities
of all persons holding licenses under this chapter. The Township Secretary
shall keep a record of all licenses issued hereunder, and shall make
a report thereof each month to the Township Board of Supervisors.
The Township Secretary is hereby authorized
to suspend or revoke any license issued under this chapter when he
shall deem such suspension or revocation to be beneficial to the health,
safety or morals of the Township and its inhabitants, or for violation
of any provision of this chapter, or for giving false information
on the application for the license hereunder.
Any person aggrieved by the action of the Police
Department or the Township Secretary in granting or refusing to grant
a license under this chapter, or by the Township Secretary in suspending
or revoking a license, shall have the right of appeal from such action
to the Township Board of Supervisors. Every such appeal shall be in
writing, setting forth the matters objected to, and shall be filed
with the Township Secretary within 10 days after the action appealed
from. Such appeal shall be heard by the Township Board of Supervisors
at its next regular meeting or within 10 days following the filing
of the appeal, whichever shall be later, and the decision of the Board
of Supervisors shall be communicated to the applicant without delay.
In case of suspension or revocation of a license, no part of the license
fee shall be refunded to the person whose license shall have been
suspended or revoked.
[Amended 11-14-2001 by Ord. No. 88]
A. General enforcement provisions.
(1) Any person who violates any provision of this chapter
shall be subject to all of the following:
(a)
Shall be guilty of a summary criminal offense.
(b)
Shall, upon conviction, pay the criminal penalty specified in Subsection
B.
(c)
Shall, upon conviction, be subject to imprisonment specified in Subsection
C.
(2) Each day that a violation is continued shall constitute
a separate offense.
B. The criminal penalty for a violation of this chapter
shall be as follows:
(1) For a first offense, a sum not less than $50 nor more
than $300.
(2) For a second or subsequent offense, a sum of not less
than $100 nor more than $500.
C. The penalty of imprisonment for a violation of this
chapter shall be as follows:
(1) For a first offense, a period not more than 10 days.
(2) For a second or subsequent offense, a period not less
than five days nor more than 15 days.