[HISTORY: Adopted by the Board of Supervisors of the Township of West Manchester 10-11-1990 by Ord. No. 90-14. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 91.
Every person, whether principal or agent, entering into beginning or desiring to begin a transient retail business in West Manchester Township for the sale of any goods, wares or merchandise whatsoever and who hires, leases, occupies or uses any room, apartment, store, shop, building, railway car, automobile or other motor vehicle in a stationary position or other place or structure for the exhibition and sale of such goods, wares or merchandise shall take out a license for the same from the Supervisors of West Manchester Township; provided, however, that nothing herein contained shall apply to farmers selling their own produce on the property where such produce is grown.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14]
The amount of such license shall be the sum of $25 per month, or fractional part thereof, to be paid to the Township Treasurer. Said license shall be renewed monthly during the continuance of said sale, and upon failure of any person so to secure such license, he shall, upon being found liable therefor in a civil enforcement proceeding commenced by West Manchester Township, pay a fine not exceeding $600 plus all court costs, including reasonable attorney's fees, incurred by West Manchester Township. West Manchester Township police officers, the appropriate code enforcement officers of West Manchester Township or other appropriate officer or officers of West Manchester Township shall have the power to enforce the provisions of this chapter. The amount of the fine imposed for the violation of this chapter shall be established by the officer who determines that a violation has occurred. Notice of the violation of this chapter and the amount of the fine imposed shall be given by personal delivery or by certified mail to the person violating this chapter. If the person violating this chapter fails or refuses to pay the fine imposed within the period specified in the notice of the violation of this chapter, the Township shall file a civil enforcement proceeding with the District Magistrate to enforce the fine imposed.
The following named groups will be exempt from the license fee but not from the registration and licensing procedures and requirements: farmers selling their own produce or any person or group selling goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose, or to any sale of goods, wares or merchandise within an enclosed area where admissions are charged.
No person may occupy a stationary position for the purpose of a transient retail business on any public street, sidewalk, park or any other public right-of-way within the Township. All transient retail businesses must provide a minimum of four off-street parking spaces that are improved sufficiently to ensure that mud, dust and debris are not carried onto adjacent streets and properties.
No person operating a transient retail business shall sell or attempt to sell goods, wares and merchandise to motorists on public streets nor impede traffic in any fashion.
No transient retail business may occupy an area within 150 feet of an intersection of two public streets.
No transient retail business may place a sign on the public sidewalks, streets or rights-of-way within the Township.
No transient retail business may occupy an area and no person may operate a transient retail business along any road or highway designated in the West Manchester Township Zoning Ordinance as an arterial road unless the transient retail business and associated parking is located at least 200 feet back from the right-of-way line of the arterial road.
[Added 3-25-1999 by Ord. No. 99-04]
All transient retail businesses must comply with all of the following in order to receive a transient retail license:
Provide a letter from the owner of the property where transient retail business will be located stating the applicant has permission to occupy that area for a specific period of time for the purpose of conducting a transient retail business.
Provide a plot plan of the area to be used showing the location of any stand, vehicle, etc., to be used in conjunction with the transient retail business. This plan must also show proposed off-street parking for potential customers and any existing buildings and street rights-of-way on or adjacent to the site.
Provide a description of goods and wares to be sold.
Provide the date or dates the area will be used for transient retail business.
Complete an application furnished by the Township to officially request a transient retail license.
Anyone who applies for a transient retail license and submits to the Township the required information listed within this chapter will be issued a license within seven working days from the date all information is received.
West Manchester Township Ordinance No. 72-3, entitled "An Ordinance Requiring Transient Retail Merchants to Be Licensed by the Board of Supervisors of West Manchester Township; Fixing the Amount of the License Fee; Providing for Certain Exemptions; and Fixing Penalties for Violation Thereof," is hereby repealed in its entirety and any ordinance of West Manchester Township or part thereof that conflicts with the terms and provisions hereof is hereby repealed.