[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.
