[HISTORY: Adopted by the Board of Supervisors of the Township of Warwick 9-27-1984 by Ord. No. 84-1 as Part 6:700 of the 1984 Warwick Township Code; amended in its entirety 3-16-2015 by Ord. No. 2015-4. Subsequent amendments noted where applicable.]
Every person, whether principal or agent, entering into, beginning or desiring to begin a transient retail business in Warwick Township for the sale of any goods, wares, or merchandise whatsoever and who hires, leases, occupies or uses any roadside, parking lot, room, apartment, store, shop, building, railway car or other place or structure for the exhibition and sale of such goods, wares, or merchandise shall obtain a permit from Warwick Township prior to entering into or beginning a transient retail business; provided, however, nothing herein contained shall apply to farmers selling their own produce or to any sale of goods, wares or merchandise conducted for charitable or philanthropic purposes, including sales at functions sponsored by charitable or philanthropic organizations, such as flea markets.
Any transient retail business being conducted without the required permit shall be immediately closed by the appropriate Township authorities until the required permits have been obtained.
A permit for a transient retail business shall not authorize door-to-door solicitation. Permits for door-to-door solicitation must be obtained from the Warwick Township Police Department where such solicitation is performed by representatives of commercial entities. There shall be no permit, fee, or other registration requirement for religious or charitable organization performing door-to-door solicitation.
Every person, whether principal or agent, who has received a permit for a transient retail business or who has received a permit for door-to-door solicitation pursuant to this chapter shall obtain from the Township an identification badge which includes, at a minimum, their name and photograph. The identification badge shall be worn at all times when conducting business pursuant to the permit issued under this chapter.
Township residents and businesses may obtain a "No Solicitation" sign from the Township to be conspicuously displayed in the front window of their residence if they do not wish to receive door-to-door solicitations. In the event that a Township resident or business has displayed such a sign, the transient retail business shall be prohibited from soliciting on the property.
There shall be no canvassing or other commercial solicitation permitted within the Township after 6:30 p.m. DST and 5:00 p.m. EST.
The fees for a transient retail business shall be in such amount as shall be established, from time to time, by resolution of the Board of Supervisors.
Any person applying for a permit for either commercial solicitation or transient retail business shall complete the application form provided by the Township during normal business hours. If the application is not fully completed, a permit will not be issued. Applicants must have written permission from the property owner or tenant on whose property they intend to locate and must demonstrate that there is adequate parking for their business. Applicants must also present a certificate that they carry a minimum of $500,000 single-limit general liability insurance, naming the property owner or tenant as an additional insured. The applicant must be prepared to show proof of identity in a form satisfactory to the Township when applying for the permit, together with a valid Warwick business privilege license for each place of business within Warwick Township where the merchant intends to operate. Upon completing the permit application, presenting a business privilege license, and paying the required fee, a permit will be issued.
Each transient merchant or person or entity engaged in door-to-door solicitation must display the identification badge issued pursuant to § 135-1D on their person at all times when engaged in activities, including door-to-door solicitation, under this chapter. Each transient retail merchant must also prominently display his or her permit, together with his or her business privilege license, while engaged in the activities of a transient retail merchant.
The Township may suspend or revoke any license issued under this chapter when such suspension is deemed beneficial to the public health, safety, morals and/or welfare or for violation of any of the provisions of this chapter or for giving false information upon any application for a license hereunder. Any request for reinstatement of a license must be heard before the Board at a regular or special meeting.
Permits shall be issued for the day, week, or month. Upon expiration of the permit, each permittee shall be required to submit a new application to renew a permit previously issued. No permit shall be automatically renewed. Accordingly, any applicant wishing to continue to operate pursuant to a permit shall submit an application for renewal prior to expiration of an existing permit.
Each transient retail merchant shall be responsible to pay all earned income taxes, business privilege taxes, and occupational privilege taxes which are due on the business which he or she conducts within Warwick Township.
It shall be unlawful for any person to hire, lease, occupy, or use any roadside, parking lot, room, apartment, store, shop, building, railway car, or other place or structure for the exhibition and sale of goods, wares, or merchandise as a transient retail merchant without first having obtained a transient retail merchant's permit.
It shall be unlawful for any person who has obtained a permit not to prominently display the permit during the exhibition and sale of his or her goods, wares, or merchandise.
It shall be unlawful for any person who has obtained a permit to refuse to display it to any official of Warwick Township upon request.
It shall be unlawful for any person to solicit door-to-door without a permit.
A person committing any of the prohibited acts shall, upon conviction in a summary proceeding, be fined not less than $375 and not more than $1,000 per offense and, in default of payment of said fine, shall be imprisoned in the county jail for a period not exceeding 90 days per violation.