[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.]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
