[HISTORY: Adopted by the Board of Supervisors of the Township of North Franklin as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-8-1970 by Ord. No. 70-2; amended in its entirety 2-23-1988 by Ord. No. 1-88 (Ch. 13, Part 1, of the 1988 Code of Ordinances)]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
FIXED TRANSIENT RETAIL BUSINESS
Selling, soliciting or taking order for any goods, wares, services or merchandise from a fixed location within the Township, 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 or in advance of specific yearly holidays or occasions.
[Amended 7-9-2019 by Ord. No. 2-2019]
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
NONFIXED TRANSIENT RETAIL BUSINESS
Selling, soliciting or taking order for any goods, wares, services or merchandise by engaging in door-to-door sales or upon any street, sidewalk and/or other public area within the Township, 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 or in advance of specific yearly holidays or occasions.
[Added 7-9-2019 by Ord. No. 2-2019]
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
B. 
The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Amended 7-9-2019 by Ord. No. 2-2019]
A. 
Fixed transient retail business license. No person shall engage in any transient retail business within the Township without first obtaining from the Township Secretary and/or designated agent a license to do so, for which a few shall be charged as established by resolution. Said application form shall be provided by the Township and require the payment of any fee to be set by resolution and amended from time to time. Each fixed transient retail business license shall be valid for a period of 30 days unless specifically stated otherwise on the Township-issued license. A license may only be extended upon written approval from the Township.
B. 
Nonfixed transient retail business license. No person shall engage in any nonfixed transient retail business in North Franklin Township. Door-to-door sales are prohibited, except for children under the age of 18 years who take order for and deliver newspapers, greeting cards, candy, bakery products and the like, or who represent the Boy Scouts or Girl Scouts, school-related clubs, youth sports teams or similar organizations. No license shall be issued for a nonfixed transient retail business in the Township,
[Amended 7-9-2019 by Ord. No. 2-2019]
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 whereof 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 any honorably discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61 (1982), hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania,[1] and who procures from the Prothonotary a certificate in pursuance of the Act of 1867;
[1]
Editor's Note: 60 P.S. § 61 was repealed 11-24-1992 by P.L. 717, No. 108, § 3.
(5) 
To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 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: 10 P.S. § 160-1 et seq. was repealed 4-30-1986 by P.L. 107, No. 36. See now 10 P.S. § 162.1 et seq.
B. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Township Secretary and obtain a license without fee, provided any person dealing in one or more of the above-mentioned exempted 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 Township Secretary may similarly exempt from payment of the license fee, but not from registering, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation. Provided further, every license issued under the provisions of this article 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 article shall first make application to the Township Secretary for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is 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 Township Secretary, if he shall find such application in order, shall issue the license required under this article. 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.
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, alleys, sidewalks, or public grounds in the Township;
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township 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 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 on a Sunday or legal holiday or at any time before 10:00 a.m. or after 6:00 p.m. on any day of the week other than a Sunday or legal holiday.
The Township Secretary shall supervise the activities of all persons holding licenses under this article. He shall keep a record of all licenses issued hereunder and shall make a report thereof each month to the Board of Supervisors.
The Township Secretary or the Director of Safety and Health is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation to be beneficial to the public health, safety, or morals, for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Board of 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.
[Amended 7-9-2019 by Ord. No. 2-2019]
Any person, copartnership, association or corporation violating the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $500 or imprisonment not exceeding 90 days, or by both fine and imprisonment. Every day in violation can be treated as a separate violation and subject to penalties and fines.