[Adopted 5-14-1991 by Ord. No. 91-2 (Ch. 13, Part 2, of the
1991 Code of Ordinances)]
[Amended 4-28-2014 by Ord. No. 2014-4]
No person shall engage in any transient retail business, soliciting
or peddling without first having obtained from the Township Manager
or his designee a license, for which a fee shall be established by
resolution of the Board of Supervisors from time to time.
[Amended 4-28-2014 by Ord. No. 2014-4]
Every person desiring to engage in soliciting, peddling or a
transient retail business within the Township shall first make application
to the Secretary of the Township for such license. If such person
shall also be required to obtain a license from any County officer
or any state officer, such person, shall, upon making such application,
present a valid County or state license. The application shall be
made upon a form provided by the Township Secretary and shall contain
the following information:
A. Full name of the applicant and local address, if any.
C. Name and address of employer or a statement that the applicant is
self-employed.
D. Nature/type of goods, wares, services or merchandise offered for
sale.
E. A statement as to whether the applicant has ever been convicted of
any crime (exclusive of summary offenses and/or moving violations)
and, if the answer is in the affirmative, the nature of such offense(s)
and the punishment(s) imposed.
F. The type and license plate of vehicle to be used by applicant, if
any.
G. The applicant shall furnish a photograph of himself.
H. Where a person makes application for himself and one or more other
persons, all applicable personal information specified above shall
be provided for each person and verified or affirmed by oath or affirmation
by such person applying and an individual license shall be required
for each such person.
[Amended 4-28-2014 by Ord. No. 2014-4]
A. No license shall be issued hereunder until 15 days after the date
a completed application is submitted to the Township Secretary. No
application shall be considered complete unless the full fee, as established
by resolution of the Board of Supervisors from time to time, has been
remitted to the Township Secretary.
B. Such license shall contain the information required to be given on
the application, including the goods or services to be offered for
sale by the licensee and a photograph of the licensee.
C. Every license holder shall carry such license upon his person if
engaged in peddling, soliciting or a transient retail business when
engaging in such activities 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.
D. Every licensee shall produce such license, upon request, to all police
officers, municipal officials and citizens or residents of the Township.
E. The license granted pursuant to this article shall be valid for a
period of 30 days after date of issuance, and, upon expiration of
any license, if a licensee wishes to continue or renew the same, he
shall be required to submit a new application for a license and pay
a new license fee. Such licenses may be issued, in advance, for consecutive
thirty-day periods, not exceeding six in number, upon payment in advance,
of the fee as established by resolution of the Board of Supervisors.
F. Denial of license.
(1) The Township Secretary or Manager may deny a license in the following
circumstances:
(a)
If the application is not complete, including the failure to
pay the application fee;
(b)
If the application fails to comply with the requirements set
forth in this article;
(c)
If the application contains a known material misrepresentation;
or
(d)
If the granting of the license would create a threat of harm
or danger to the citizens of the Township.
(2) The Township Secretary shall provide written notice to the applicant
within 15 days of the date of the application whether the license
has been granted or denied. In the event of a denial of a license,
such notice shall include a brief statement of the reasons and facts
upon which the denial is based.
G. Appeals from denial of a license may be made in writing to the Board
of Supervisors no later than 10 days from the issuance of a denial.
Upon receiving an appeal, the Board shall set a hearing date no later
than 20 days from the date the appeal is received, at which time,
the license holder and any other interested person shall have the
right to present his or her argument and any supporting evidence.
The Board shall provide written notice of its decision within five
days of the hearing.
No person in any transient retail business shall:
A. Sell any product or type of product not mentioned in his license;
B. Hawk or carry 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 unsaleable 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 6:00 p.m. on any day of the week other than a Sunday or legal
holiday.
[Amended 4-28-2014 by Ord. No. 2014-4]
The Township Manager shall keep a record of all licenses issued
under this article and the Chief of Police shall request weekly for
a list of all such licenses issued since the previous week. The Chief
of Police, through the Township police officers, shall supervise the
activities of all license holders; provided, however, that the Township
Codes Enforcement Office shall have the authority to enforce this
article also.
[Amended 4-28-2014 by Ord. No. 2014-4]
The Township Manager is hereby authorized to suspend or revoke
any license issued under this article when he deems such suspension
or revocation to be beneficial to the public health, safety, or morals,
for violation of any provision of this article, 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.
[Amended 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2]
Any person, firm or corporation who is found to be in violation
of any provision of this article shall, upon conviction thereof, be
sentenced to pay a fine of not more than $600 and/or undergo imprisonment
for a term not to exceed 90 days. Each day that a violation of this
article continues shall constitute a separate offense.