[Ord. 576, 10/9/1991]
1. 
As used in this Part, 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 legal entity.
TRANSIENT RETAIL BUSINESS
A. 
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.
B. 
Selling, soliciting or taking of orders for any goods, wares or merchandise from a fixed location within the Township on a temporary basis.
2. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
[Ord. 576, 10/9/1991; as amended by Ord. 601, 3/9/1994; by Ord. 630, 12/9/1998; by Ord. 689, 12/8/2010; and by Ord. 711, 12/4/2013]
1. 
No person shall engage in any transient retail business within the Township without first having obtained from the Township Manager a license, for which a fee, which shall be for the use of the Township, shall be charged, $1,500 for one year.
2. 
Double Fees. In case any work for which a permit required by this Ordinance is started or proceeded with prior to obtaining same permit, the fee specified in this section of this Ordinance shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this Ordinance in the execution of the work, nor from any other penalties prescribed herein.
[Ord. 576, 10/9/1991]
1. 
Those retail businesses currently operating within Darby Township which are, or may be, considered transient retail businesses shall register with the Township Manager no later than 60 days following the effective date of this Part. Registration hereunder shall enable such business to continue within the Township, on a year-to-year basis, upon the submission of a proper application, as defined herein, and upon payment of a license fee, which shall be for the use of the Township, in the amount of $300 for each year.
2. 
Failure to register and complete the application process shall constitute a waiver of the benefits hereunder and shall subject any existing transient retail business to all other provisions of this Part.
3. 
The provisions of this subsection shall apply to existing transient retail businesses only for so long as these businesses shall be owned and operated by their present owners.
[Ord. 576, 10/9/1991]
No person shall engage in any transient retail business within the Township without first having obtained from the Township Manager a license, for which a fee, which shall be for the use of the Township, shall be charged:
A. 
For the time period from Thanksgiving to December 27 in any given year: $200.
[Ord. 576, 10/9/1991]
1. 
No license fee shall be charged:
A. 
To farmers selling their own produce.
B. 
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.
C. 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
D. 
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.
E. 
To any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61, as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in pursuance of the Act of 1867.
F. 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
G. 
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., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
H. 
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.
2. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Township Manager and obtain a license without fee; provided that 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, that the Township Manager may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares or merchandise for the sole benefit of any nonprofit corporation; provided, further, that every license issued under the provisions of this Part 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.
[Ord. 576, 10/9/1991]
Every person desiring a license under this Part shall first make application to the Township Manager for such license. He shall, when making 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. 
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 the license is to be issued.
E. 
Type and license number of the vehicle to be used, if any.
[Ord. 576, 10/9/1991]
Upon receipt of such application and the prescribed fee, the Township Manager, if he shall find such application in order, shall issue the license required under this Part. 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 and residents of the Township.
[Ord. 576, 10/9/1991]
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 of 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 9:00 a.m. or after 7:00 p.m. on any day of the week other than Sunday or legal holiday.
[Ord. 576, 10/9/1991]
The Township Manager shall supervise the activities of all persons holding licenses under this Part. He shall keep a record of all licenses issued hereunder and shall make a report thereof to the Board of Commissioners, as appropriate.
[Ord. 576, 10/9/1991]
The Township Manager is hereby authorized to suspend or revoke any license issued under this Part when he deems such suspension or revocation to be beneficial to the public health, safety or morals, for violation of any provision of this Part, or for giving false information upon any application for a license hereunder. Appeals from suspension or revocation may be made to the Board of Commissioners 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.
[Ord. 576, 10/9/1991]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs, or in default of payment thereof, shall be subject to imprisonment for not more than 30 days. Each day that a violation of the Part continues shall constitute a separate offense.
[Ord. 576, 10/9/1991]
In case of any work for which a permit required under this Part is started or proceeded with prior to obtaining said permit, the fee specified in §§ 13-603 and 13-604 of this Part shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this Part in the execution of the work, nor from any other penalties prescribed herein.