[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Burrell 8-6-2007 by Ord. No. 1-2007. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 287.
A.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this chapter, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any natural person, partnership, association, corporation,
or other legal entity.
Engaging in peddling, soliciting, or taking orders, either by
sample or otherwise, for flowers, any goods, wares, or merchandise
upon any street, alley, sidewalk, or public ground, or from house
to house, within the Township of Upper Burrell; or
Selling, soliciting, or taking orders for flowers, any goods,
wares, or merchandise, from a fixed location within the Township of
Upper Burrell, on a temporary basis, which shall include, but not
be limited to, such activities conducted at the time of special occasions
or celebrations, for seasonable purposes, or for or in advance of
specific yearly holidays.
B.
The singular shall include the plural; the plural shall include the
singular, and the masculine shall include the feminine and the neuter.
A.
No license fee shall be charged:
(1)
To farmers selling their own produce;
(2)
For the sale of goods, wares, and merchandise, donated by the owners
thereof, the proceeds thereof are to be applied to any charitable
or philanthropic purpose;
(3)
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products;
(4)
To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products, and the like,
and who represent the Boy Scouts or Girl Scouts or similar organizations;[1]
(5)
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania;
(6)
To any person who has complied with the provisions of the Solicitation
of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 160-1
et seq. (1982), as hereafter amended, supplemented, modified or reenacted
by the General Assembly of Pennsylvania;[2]
[2]
Editor's Note: See now 10 P.S. § 162.1 et seq.
(7)
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license or business privilege
tax at their chief place of business; or
(8)
To any permanent resident of the Township of Upper Burrell or any
individual who owns a business or headquarters in Upper Burrell.
B.
Provided, any person dealing in one or more of the above mentioned
categories, and dealing with other goods, wares, or merchandise not
so exempted, shall be subject to the payment of the license fee fixed
by this section for his activities in connection with the sale of
goods, wares, and merchandise not in such exempted categories. Provided
further: the Police Chief may similarly exempt from payment of the
license fee, but not from registering with him, persons working without
compensation and selling nonexempt goods, wares, or merchandise for
the sole benefit of any nonprofit corporation. Provided further: every
license issued under the provisions of this chapter shall be issued
on an individual basis to any person or persons engaging in such business;
every individual shall obtain a separate license, issued to him in
his name, and the license fee hereby imposed shall be applicable to
every such individual license, except that a representative of a charitable
organization may obtain licenses for the applicants therein.
Every person desiring a license under this chapter shall first
make application to the Police Chief for such license. He shall, when
making such application, exhibit a valid license from any state or
county officer, if such license if also required. The applicant shall
state:
A.
His criminal record, if any;
B.
Name and address of the person by whom he is employed;
C.
Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business;
D.
Length of time for which license is to be issued; and
E.
Type and license number of the vehicle to be used, if any.
Upon receipt of such application and the prescribed fee, the
Police Chief, if he shall find such application in order, shall issue
the license required under this chapter. Such license shall contain
the information required to be given on the application therefor.
Every license holder shall carry such license upon his person if engaged
in transient retail business 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. He shall exhibit such license, upon
request, to all police officers, municipal officials and citizens
or residents of the Township of Upper Burrell.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in his license.
B.
Hawk or cry his wares upon any of the streets, alley, sidewalks,
or public grounds in the Township of Upper Burrell.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Township of Upper Burrell 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
of Upper Burrell 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
unsalable through handling, age or otherwise.
E.
Engage in any business activity, except by prior appointment, at
any time prior to dawn or after dusk.
The Police Chief shall supervise the activities of all persons
holding licenses under this chapter. He shall keep a record of all
licenses issued hereunder and shall make a report thereof each month
to the Supervisors.
The Police Chief is hereby authorized to suspend or revoke any
license issued under this chapter when he deems such suspension or
revocation to be beneficial to the public health, safety, or morals,
for violation of any provision of this chapter, or for giving false
information upon any application for a license hereunder. Appeals
from any suspension or revocation may be made to the Township 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.
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
