[Ord. 346, 3/25/2003, § 1]
1.
LEGAL HOLIDAY
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context:
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas.
Any natural person, partnership, association, corporation,
or other legal entity.
Engaging in peddling, soliciting, or taking orders, either by
sample or otherwise for any goods, wares or merchandise upon any street,
alley, sidewalk, road, highway or public ground or from house, within
the Township of North Fayette.
Selling, soliciting, or taking orders for any goods, wares or
merchandise from a fixed location within the Township of North Fayette
on a temporary basis which shall include, but not be limited to, such
activities conducted at the time of special occasions or celebrations,
for seasonal purposes, or for yearly holidays.
2.
The singular shall include the plural; the plural shall include the
singular; and the masculine shall include the feminine and the neuter.
[Ord. 346, 3/25/2003, § 2]
No person shall engage in any transient retail business within
the Township of North Fayette, without first having obtained from
the Township Chief of Police, a license for which a fee, to be used
to cover the ordinary administrative costs of the Township of North
Fayette for processing a licence application, shall be charged, a
fee to be in such amount, as set forth in the certain schedule of
fees as adopted and amended from time to time by resolution of the
Township Board of Supervisors.
[Ord. 346, 3/25/2003, § 3]
1.
No license fee shall be charged:
A.
To farmers selling their own produce.
B.
For the sale goods, wares and merchandise donated by the owners thereof,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose.
C.
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
D.
To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like, or
who represent the Boy Scouts, Girl Scouts or church groups, public
and private schools, or similar organizations.
E.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania.
F.
To a person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act 10 P.S. § 162.1 et
seq., as hereafter amended, supplemented, modified or reenacted by
the General Assembly of Pennsylvania.
G.
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 if business.
H.
To those who are conducting yard sales(s) on their own real estate
or adjoining real estate.
I.
For the taking of orders, sales and delivery of goods, wares or merchandise
by volunteer fire department(s) or auxiliaries.
J.
Any person or individual that is either proselytizing for either
religious or political purposes, distributing religious or political
handbills at no cost, or exercising their right to anonymous religious
or political speech without soliciting any funds and without selling
any goods or soliciting for contributions.
2.
However, all persons exempted hereby from the payment of the license fee shall be required to register with the Township Chief of Police and obtain a license without fee except for such specified activities as described in this section, Subsections 1A, D, H, I and J afore-described, for which registration and a license is not required; provided, any person dealing in one or more of the above mentioned, exempted categories and dealing with other goods, ware or merchandise not so exempted, shall be subject to the payment of the license fee fixed by this section for activities in connection with the sale of goods, wares and merchandise not in such exempted categories. Provided, further, the Chief of Police may similarly exempt from payment of the license fees, but not from registering with him/her, persons working without compensation and selling goods, wares or merchandise for the sole benefit of a nonprofit corporation. Provided, further, every license issued under the provisions of this Part 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 all applicants. Nothing contained in this Part shall be held to prohibit any sale required by statute or by any order of court or to prevent a bona fide auction sale pursuant to law.
[Ord. 346, 3/25/2003, § 4]
1.
Every person desiring a license under this Part shall first make
an application to the Township Chief of Police for such license. He
shall, when making such application, exhibit a valid license and/or
permit from any Pennsylvania or Allegheny County officer if such license
and/or permit is also required to be issued to the applicant by any
and all laws and regulations of the Commonwealth of Pennsylvania,
County of Allegheny any other entity required before the purposed
activity is to begin in the Township. The applicant shall provide:
A.
A certified Pennsylvania State Police criminal records check.
B.
Name and address of the person and by his employer.
C.
Type of goods, wares, and merchandise he wishes to deal with in such
transient retail business.
D.
Length of time for which the license is to be issued.
E.
Type and license number of the vehicle to be used, if any.
F.
Prior such activity in the Township.
G.
Any license or permit number and copy thereof as required by the
Commonwealth of Pennsylvania or other like entity for such activity.
H.
A recent photograph of the applicant.
I.
The applicant shall submit his or her fingerprints upon a noncriminal
file card which can be reclaimed upon the expiration of the license.
[Ord. 346, 3/25/2003, § 5]
Upon receipt of such application and the prescribed fee, the
Township Chief of Police, if he shall find such application in order,
shall issue the license required under this Part. Such license shall
contain the information required to be given on the application therefore.
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, roads, highways, 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, Township officials, and
citizens or residents of the Township of North Fayette.
[Ord. 346, 3/25/2003, § 6]
1.
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, blow a horn, ring a bell or use any amplifying
device upon any streets, roads, highways, alleys, sidewalks or public
grounds in the Township of North Fayette.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Township of North Fayette for longer
than necessary in order to sell therefrom to persons residing or working
in the immediate vicinity.
D.
Park a vehicle, upon any of the streets or alleys in the Township
of North Fayette for the purpose of sorting, rearranging or cleaning
any of his goods, ware or merchandise, or 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 on a Sunday or legal holiday or at any time before 9:00 a.m. or after sunset on any day of the week other than a Sunday or legal holiday except such business activities as described in § 13-103, "Exceptions," Subsections 1A, D, H, I and J, for which business activities only there shall be no time or day restrictions.
[Ord. 346, 3/25/2003, § 7]
The Township Chief of Police shall supervise the activities
of all persons holding licenses under this Part. He shall keep a record
of all licenses issued hereunder and shall make a report thereof each
month to the Township Board of Supervisors.
[Ord. 346, 3/25/2003, § 8]
The Township Chief of Police is hereby authorized to deny, suspend
or revoke any license issued under this Part when he deems such denial,
suspension or revocation to be beneficial to the public health, safety
or morals or for violation of any provision of this Part, or for giving
false information upon any application for a license hereunder. Appeals
from any suspension, revocation or denial of a license may be made
to the Township Board of Supervisors at any time within 10 days after
the suspension, revocation or denial and a hearing shall be held within
30 days of the petition for appeal. No part of a license fee shall
be refunded to any person whose license shall have been suspended
or revoked.
[Ord. 346, 3/25/2003, § 9; as amended by Ord. 418,
1/29/2014]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
