Township of Warminster, PA
Bucks County
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[Ord. 741, 11/16/2017]
1. 
Every person, whether principal or agent, entering into, beginning or desiring to begin a transient retail business in Warminster Township shall obtain a permit from Warminster 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. Transient retail business permits shall be issued by the Warminster Department of Licenses and Inspections.
2. 
For purposes of this Part 1, "transient retail business" shall include the use of any roadside, parking lot, room, apartment, vehicle or any other movable or temporary structure or any temporary location for the sale of any goods, wares or merchandise of any kind.
3. 
It shall be illegal to engage in any transient retail business without the required permit, and any transient retail business in operation without a permit shall be subject to immediate closure by the Township.
4. 
Transient retail business permits shall not authorize door-to-door solicitation.
5. 
Transient retail business permits shall specify the specific person, location and merchandise proposed to be sold pursuant to the permit, and shall provide for limitations on the hours during which merchandise may be sold pursuant to the permit. Transient retail business permits are nontransferable. Transient retail business permits shall be valid for a period not to exceed 60 days, as determined by the Township.
6. 
Transient retail business permits shall not permit the use of Township property for proposed merchandise sales unless specifically authorized, in writing, by the Township.
[Ord. 741, 11/16/2017]
Fees for transient retail business permits shall be in such amount as established, from time to time, by resolution of the Board of Supervisors.
[Ord. 741, 11/16/2017]
Any person applying for a permit shall complete such application form as required by the Township. Incomplete applications will be rejected. Applicants must demonstrate written consent from the property owner on which the transient retail business is proposed, and must demonstrate that the addition of the transient retail business will not reduce the parking for the property to a level below the required minimum number of spaces for all uses on the property. Applicants must provide a valid state-issued photo ID, together with a valid Warminster business privilege license for each place of business within Warminster Township where the merchant intends to operate.
[Ord. 741, 11/16/2017]
Transient retail business permits must be prominently displayed on the person or at the location subject to the permit at all times during which the property or person is engaged in activity provided under § 13-101.
[Ord. 741, 11/16/2017]
Permits issued under this Part 1 may be renewed prior to expiration upon submission of a new permit application. No permit shall be automatically renewed.
[Ord. 741, 11/16/2017]
Each transient retail merchant shall be responsible to pay any required earned income taxes, business privilege taxes and/or occupational privilege taxes which are due on the business which he or she conducts within Warminster Township.
[Ord. 741, 11/16/2017]
It shall be unlawful for any person to engage in transient retail business without obtaining a transient retail business permit as required under this Part 1 and without adhering to the requirements of this Part 1.
[Ord. 741, 11/16/2017]
A person committing a violation of this Part 1 shall, upon conviction in a summary proceeding, be subject to a fine not less than $300 nor more than $1,000 per offense and, in default of payment of same, may be imprisoned in the county jail for a period not exceeding 90 days per violation.