[Ord. 2288, 4/12/2010]
It shall be unlawful for any person to engage in any business
within the Township of Ross on a transient basis without first obtaining
a license therefore in compliance with the provisions of this Part.
[Ord. 2288, 4/12/2010]
1.
TEMPORARY SEASONAL SALES OF CHRISTMAS TREES, EASTER FLOWERS,
MOTHER'S DAY FLOWERS, ETCETERA
TRANSIENT MERCHANT
As used in this Part, the following terms shall have the meanings
indicated:
Shall be considered as transient in nature and therefore
under the regulations of this Part.
Any person who occupies a room, apartment, store, shop, building,
trailer, tent or other temporary structure for the exhibition or sale
of goods, wares or merchandise with the intention of remaining less
than 90 days.
[Ord. 2288, 4/12/2010]
1.
The Township reserves the right to have all the following named groups
be subject to the registration and licensing requirements of this
Part, except that the license fee shall be waived. All other provisions
of this Part will be applicable to the following:
A.
Boys or girls under 18 years of age who take orders for and deliver
newspapers, greeting cards, candy, submarine sandwiches and the like
for Boy Scouts, Girl Scouts, schools, churches or other charitable
and civic organizations.
B.
Ross Township Volunteer Fire Companies, Fire Police, Police and Ross/West
View EMS.
C.
Persons who are acting as representatives of accredited war veterans
organizations.
D.
Farmers who are selling their own produce that is raised or produced
on their farm.
E.
Any non profit charitable organization which submits with its application
proof of its Internal Revenue Code 501C3 Certificate.
[Ord. 2288, 4/12/2010]
1.
Applicants for a transient merchant license must file in person with
the Township Manager, or his designee, a sworn application in writing
on form to be furnished by the Township. The following information
is required for issuance of a license:
A.
Name, age and physical description of applicant and each such agent
and/or employee.
B.
Complete permanent home and local address of applicant and his agents
or employees.
C.
Name of corporation, copy of the Articles of Incorporation, certification
of Federal Income Tax ID number.
D.
The applicant must submit proof of registration for Commonwealth
of Pennsylvania sales/use tax and proof of registration for Township
business taxes.
E.
Length of time and description of the items that will be sold.
F.
The address at which the goods, wares and merchandise shall be sold.
G.
A statement as to whether or not the registrant or any of such agents
and/or employees have been convicted of, or plead guilty to, a felony
or a misdemeanor other than a minor traffic violation and when so
convicted, the nature of the offense and the penalty, if any.
[Ord. 2288, 4/12/2010]
The application for license shall be approved or denied by the Township Manager within five business days of submission. Approval shall not be unreasonably withheld. If approved, the license shall be impressed with the official seal of the Township of Ross. If the application for license is denied for any reason, the applicant may appeal the decision to the Board of Commissioners as provided in § 13-206 of this Part.
[Ord. 2288, 4/12/2010]
In the event that an application for a license is disapproved
by the Township Manager, the applicant may, within five days of the
denial, appeal the decision to the Board of Commissioners, which shall
set a time and place for a hearing. This hearing shall be held within
30 days after the appeal is taken by applicant, at which hearing the
applicant will be given opportunity to present reasons why the license
should be issued. The decision of the Board of Commissioners shall
be made within 10 days of the appeal hearing.
[Ord. 2288, 4/12/2010]
Every transient merchant shall, at all times while engaged in
the sales of merchandise in Ross Township, display the license at
their location of sales. The license shall be located in a conspicuous
location and visible to the public, police officers or other enforcement
officers of the Township.
[Ord. 2288, 4/12/2010]
Permits shall be valid for a period of 30 days and may be renewed
prior to expiration upon the completion of a new application and payment
of the applicable fee, provided all the requirements of this Part
are met. Under no circumstances will a license be issued for more
than three consecutive months in any calendar year.
[Ord. 2288, 4/12/2010]
1.
Transient merchants in the Township are subject to the following
additional requirements:
[Ord. 2288, 4/12/2010]
No licensee or any person in his behalf, shall shout, cry out,
blow a horn, ring a bell or use any sound or amplifying device upon
any of the streets of Ross Township or upon private premises for the
purpose of attracting attention to any goods, wares or merchandise
which such licensee proposes to sell.
[Ord. 2288, 4/12/2010]
No license issued under the provisions of § 13-205 shall be used at any time by any person other than the one to whom it was issued.
[Ord. 2288, 4/12/2010]
1.
Transient merchant licenses may be revoked for any of the following
causes:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as transient merchant.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting his business in an unlawful manner or in such a manner
as to constitute a breach of the peace or to constitute a menace to
the health, safety or general welfare of the public.
[Ord. 2288, 4/12/2010]
Where a transient merchant contracts to deliver at a future
date and the purchaser pays for goods before delivery, before an applicant
is issued a license, he or she shall post with the license officer
for four months from the date of the last sale an approved surety
bond of $1,000 conditioned on compliance and delivery. Bond forfeiture
shall not occur where the licensee proves nondelivery was the result
of a strike, calamity or other extraordinary condition beyond his
or her control.
[Ord. 2288, 4/12/2010]
Concurrently with the submission of the transient merchant application,
the applicant shall pay a fee in an amount as established from time
to time by resolution of the Board of Commissioners.
[Ord. 2288, 4/12/2010]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment no to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
[Ord. 2288, 4/12/2010]
If a final decision of a court of competent jurisdiction holds
any provision or wording of this Part, or the application of the provision
or wording to other circumstances illegal or unconstitutional, the
remainder shall remain in full force and effect. The intent is that
the provisions of this Part shall be severable and that this Part
would have been adopted if any such illegal or unconstitutional provisions
or wording had not been included.
