Township of Upper Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Burrell 8-6-2007 by Ord. No. 1-2007. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 287.

§ 307-1 Definitions.

A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
(1) 
Engaging in peddling, soliciting, or taking orders, either by sample or otherwise, for flowers, any goods, wares, or merchandise upon any street, alley, sidewalk, or public ground, or from house to house, within the Township of Upper Burrell; or
(2) 
Selling, soliciting, or taking orders for flowers, any goods, wares, or merchandise, from a fixed location within the Township of Upper Burrell, on a temporary basis, which shall include, but not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonable 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.

§ 307-2 License required; conditions of issuance; fee.

A. 
No person shall engage in any transient retail business described herein within the Township of Upper Burrell without first having obtained from the Police Chief a license, for which a fee, which shall be for the use of the Township of Upper Burrell, shall be charged:[1]
(1) 
For one month/per site: $25.
(2) 
For one year/per site: $300.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The Board of Supervisors may set and change the fees for licenses under this chapter by resolution.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 307-3 Exceptions.

A. 
No license fee shall be charged:
(1) 
To farmers selling their own produce;
(2) 
For the sale of goods, wares, and merchandise, donated by the owners thereof, the proceeds thereof 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, and who represent the Boy Scouts or Girl Scouts or similar organizations;[1]
[1]
Editor's Note: Original Subsection E, regarding any honorable discharged member of any of the armed services, which followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(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]
[2]
Editor's Note: 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; or
(8) 
To any permanent resident of the Township of Upper Burrell or any individual who owns a business or headquarters in Upper Burrell.
B. 
Provided, any person dealing in one or more of the above mentioned categories, and dealing with other goods, wares, or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for his activities in connection with the sale of goods, wares, and merchandise not in such exempted categories. Provided further: the Police Chief may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling nonexempt goods, wares, or merchandise for the sole benefit of any nonprofit corporation. Provided further: 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.

§ 307-4 License application.

Every person desiring a license under this chapter shall first make application to the Police Chief for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license if also required. The applicant shall state:
A. 
His criminal record, if any;
B. 
Name and address of the person by whom he is employed;
C. 
Type of goods, wares, and merchandise he wishes to deal with in such transient retail business;
D. 
Length of time for which license is to be issued; and
E. 
Type and license number of the vehicle to be used, if any.

§ 307-5 Issuance of license; custody, display and exhibit.

Upon receipt of such application and the prescribed fee, the Police Chief, 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 of Upper Burrell.

§ 307-6 Prohibited acts.

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, alley, sidewalks, or public grounds in the Township of Upper Burrell.
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township of Upper Burrell 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 of Upper Burrell 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 prior to dawn or after dusk.

§ 307-7 Supervision; records and reports.

The Police Chief 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 Supervisors.

§ 307-8 Suspension and revocation of license; appeal.

The Police Chief 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 Township 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.

§ 307-9 Violations and penalties. [1]

Any person who violates or permits a violation of this chapter 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 chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).