[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery 7-11-1983 by Ord. No. 83. Amendments
noted where applicable.]
No person shall engage in any temporary retail business within the Township
of Montgomery without first having obtained a license as herein provided or
without first complying with all applicable Township regulations established
for a permanent retail business.
As used in this chapter, the following terms shall have the meanings
indicated:
Any natural person, association, partnership, firm, organization
or corporation. The singular shall include the plural, and the masculine shall
include the feminine and the neuter.
Applies to any duly constituted religious organization or any group
affiliated with and forming an integral part of said organization, no part
of the net income of which inures to the direct benefit of any individual,
and which has received a declaration of current tax-exempt status from the
government of the United States.
[Added 6-22-1992 by Ord.
No. 92-1]
Includes the entering into, beginning or carrying out of any business
for the exhibition, sale or purchase of any goods, wares or merchandise whatsoever
by which a person hires, leases, occupies or uses any room, vehicle, stand,
apartment, store, shop, building, portion of any building space or exterior
retail sales or storage area or any other structure for the exhibition, sale
or purchase of such goods, wares or merchandise within the Township for a
period of 30 days or less.
A.
Every person desiring to engage in a temporary retail
business in the Township of Montgomery shall first make application to the
Township Zoning Officer at the Township Administration Building, Cowpath Road,
Montgomeryville, Pennsylvania, for a license. Said application shall be upon
a form provided by the Township and shall contain at least the following information:
(1)
The full name of the applicant and the local address,
if any.
(2)
The permanent address.
(3)
The address at which the applicant will receive notices
under this chapter.
(4)
The name of the employer or a statement that such applicant
is self-employed.
(5)
The nature of the goods, wares, services or merchandise
involved or other purpose for the license.
(6)
The location at which business is to be conducted.
(7)
The name and address of the owner or landlord at the
business location.
(8)
An affirmation that the owner or landlord of the site
has given his permission to conduct said business.
(9)
The dates during which business is intended to be conducted.
B.
No license under this chapter shall be transferable from
one person to another.
It shall be the responsibility of the owner or landlord of the business
location being utilized for a temporary retail business use to inform the
applicant that prior to the commencement of the business a temporary retail
business license must be obtained from Montgomery Township.
[Amended 8-22-1983 by Ord.
No. 83A; 6-22-1992 by Ord.
No. 92-1]
A.
No license shall be issued under this chapter until the
following fee is paid to Montgomery Township for transmittal to the Township
Treasurer for the general use of the Township:
(1)
For temporary retail business, a sum charged per license
application.
(2)
Where itinerant (temporary) merchants form a part of
a show which is organized and booked by one or more promoters, the promoter
or promoters thereof shall be responsible for the payment of a license fee
covering all such itinerant merchants, which shall consist of a sum per merchant
for the specific show for which booked and which shall run for a period not
to exceed 30 days. A minimum fee in this case shall also be set.
B.
All such fees shall be set by resolution of the Board
of Supervisors from time to time.
C.
A temporary holiday season retail business license may be issued to all merchants wishing to operate during the holiday season for a fee as set by resolution of the Board of Supervisors. The holiday season will be considered to be the time period of October 15 through the following January 15. If requested, a merchant will be required to provide a copy of the signed lease from the owner or landlord of the business location being utilized to confirm the period of time the merchant has been approved to operate as a seasonal business at that location. There will be no refunds to merchants who, after issuance of this license, may discontinue operations earlier than January 15. A merchant will not be granted any extensions to this holiday season temporary retail business license. A merchant must terminate retail business operations at the time of the expiration of this license. Any merchant wishing to continue in business beyond this holiday season shall be required to establish the business as a permanent business. As a permanent business, it shall be subject to all business taxes as required under Chapter 209 of the Code and shall be required to obtain a use and occupancy permit for its permanent location as required by the Montgomery Township Zoning Ordinance, Chapter 230 of the Code.
[Added 7-28-1997 by Ord.
No. 97-81]
Any license issued for the purpose of engaging in a temporary retail
business shall be valid only for a single thirty-day period and is renewable
once only for another 30 days upon payment of the proper fees. After a period
of 30 days of inactivity on the part of the licensee, a new temporary license
may be reissued, which is again renewable only once. At such time as what
would otherwise be determined to be a temporary retail business, as defined
herein, continues for a period in excess of 30 calendar days or 60 days, in
the case of an extension, said business shall no longer be deemed to be a
temporary retail business but shall become permanent and subject to a mercantile
license tax as set forth in Ordinance No. 66 and Ordinance No. 66A, as amended,[1] and shall be required to obtain a use and occupancy permit for
its permanent location as required by the Montgomery Township Zoning Ordinance.[2]
Payment of the license fee under this chapter shall be in lieu of payment
of the mercantile license fee and tax as required under Ordinance No. 66 and
66A, as amended,[1] and in lieu of the fee for a use and occupancy permit as required
under the Montgomery Township Zoning Ordinance;[2] provided, however, that nothing in this chapter shall be construed
to allow a temporary business to operate in violation of any existing public
safety laws or regulations nor any applicable zoning laws, and provided that
the owner of the building or structure in which the business is located must
have a valid use and occupancy permit for that building or structure.
A.
Any license issued for the purpose of engaging in a temporary
retail business may be denied, suspended or revoked at any time upon proof
that:
B.
Notice of suspension or revocation shall be given, in
writing, by the Zoning Officer, personally served or sent by registered mail
to the address designated for this purpose in the application for license.
Any person whose license has been revoked or suspended shall be entitled to
appear and be heard, with counsel if he so desires, before the Board of Supervisors
of Montgomery Township at a regular meeting pursuant to a request for reinstatement
of license.
In the event that the party to whom the suspension or revocation notice has been given under § 215-8 finds that his request for reinstatement of license is denied by the Board of Supervisors of Montgomery Township, an appeal may be taken within 30 days of the denial of the reinstatement by the Board of Supervisors of Montgomery Township to the Court of Common Pleas of Montgomery County.
Any application for a license made to the Township Zoning Officer shall
be granted or denied within 72 hours.
Any person to whom a license or permit has been issued hereunder shall
comply with the following rules of conduct:
A.
The licensee shall have in his possession at all times
the license issued to him and shall exhibit it in a prominent place upon the
premises.
B.
A licensee shall not engage in a temporary retail business
involving a product or service not set forth in the license application.
C.
The licensee shall not permit any other person or individual
to have possession of the license card issued to him and shall immediately
report the loss of any license card to the Township.
D.
The licensee shall not permit the license card to be
altered or defaced.
E.
No licensee shall represent that the license card issued
to him is in any way an endorsement by Montgomery Township of the licensee
or the goods or services which he sells, solicits or peddles.
A.
The following persons shall be exempt from the obligation
apply for and receive a license as otherwise required by this chapter: a roadside
stand whereat farmers sell products grown on their own farms in Montgomery
Township or farmers seeking or taking orders for the sale of their farm products
and garden produce grown upon their own lands in Montgomery Township.
B.
Nothing herein shall prevent Montgomery Township or its
agents or authorized representatives from requesting any person exempt from
the provisions of this chapter to identify himself prior to engaging in temporary
retail business for that person's own safety and the general safety and welfare
of the residents of the Township.
The following persons shall apply for a license for the purpose of engaging
in a temporary retail business in the Township but shall not be required to
pay a fee:
A.
Any person engaged in the sale of goods, wares or merchandise
donated by the owners thereof where the proceeds are to be applied to any
charitable or philanthropic purpose.
B.
Any honorably discharged soldier, sailor or marine of
the military service of the United States who procures from the Prothonotary
of Montgomery County a certificate that he is unable to earn a livelihood
by manual labor, and provided that he otherwise complies with the requirements
of the Act of April 8, 1867, P.L. 50, 60 P.S. § 61,[1] as amended.
[1]
Editor's Note: Former 60 P.S. § 61 was repealed 11-24-1992
by P.L. 717, No. 108.
C.
Any person soliciting contributions on behalf of organizations
or nonprofit corporations, which have complied with the provisions of the
Solicitation of Charitable Funds Act, Act of August 9, 1963, P.L. 628, 10
P.S. § 16.1 et seq., as amended,[2] governing solicitations for charitable, benevolent, patriotic
or other purposes, which persons are possessed of a card or other written
evidence of their appointment or authority to solicit for said organization
or corporation and upon proof of compliance with the provisions of the aforesaid
Act.
[2]
Editor's Note: See now the Solicitation of Funds for Charitable Purposes
Act, 10 P.S. § 162.1 et seq.
D.
Any person soliciting contributions on behalf of a religious
organization. For the purposes of this chapter, a "religious organization"
shall be defined as any bona fide duly constituted religious institution and
such separate groups or corporations which form an integral part of a religious
institution, provided that such religious institution, group or corporation
is tax-exempt pursuant to the Internal Revenue Code of 1986, no part of its
net income inures to the direct benefit of any individual and its conduct
is primarily supported by government grants or contracts or funds solicited
within its own membership or congregation or fees charged for services rendered.
[Amended 6-22-1992 by Ord.
No. 92-1]
[Amended 6-22-1992 by Ord.
No. 92-1]
Any person found violating any provision of this chapter shall be subject
to a fine, upon conviction in a summary proceeding, of not more than $600
and, in default of payment of said fine, shall be imprisoned in the county
prison for a period not exceeding 30 days.
