Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Tobyhanna as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Garage and similar sales and festivals — See Ch. 82.
Zoning — See Ch. 155.
[Adopted 4-14-2003 by Ord. No. 439[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I, Transient Retail Merchants, adopted 1-18-1999 by Ord. No. 408.
This article shall be known and may be cited as the "Tobyhanna Township Transient Retail Ordinance."
[Amended 9-17-2019 by Ord. No. 554]
As used in this article, the following terms shall have the meanings indicated:
FOOD TRUCK
A vehicle from which edible food products are cooked, prepared or assembled with the intent to sell such items to the general public, provided further that food trucks may also sell other edible food products and beverages that have been prepared or assembled elsewhere.
ICE CREAM TRUCK
A vehicle from which the operator sells only prepackaged frozen dairy or water-based food products and prepackaged beverages. For purposes of this chapter, a nonmotorized cart from which such products are sold shall be considered an ice cream truck.
MOBILE FOOD SERVICE VEHICLE
A self-contained food service operation, located in a readily movable motorized, wheeled, or towed vehicle, used to store, prepare, display, or serve food intended for individual portion service. This definition includes both food trucks and ice cream trucks.
PEDDLER
Any person who shall engage in peddling or soliciting.
PEDDLING or SOLICITING
Engaging in the peddling, canvassing, soliciting, hawking, vending, taking of orders, selling or offering for sale of any commercial services, goods, wares, merchandise, printed matter or food products by visitation to private homes or residences without the direct invitation of the inhabitants thereof, or on the public streets or highways of the Township.
PERMANENT
Continuing or enduring in the same state, status, place or the like without fundamental or marked change on a daily basis for a period of time in excess of six consecutive months.
TEMPORARY
Lasting for a period of time of less than six consecutive months and/or existing and/or continuing to exist for a limited time of six consecutive months and/or existing and/or continuing to exist for a limited time of six consecutive months or less.
TRANSIENT RETAIL BUSINESS
A business that engages in the sale and/or exhibition of goods, wares, or merchandise, not including mobile food service vehicles, at any place in the Township on a temporary basis which does not intend to become and does not become a permanent retail business in the Township. A transient retail business which contracts with a permanent retail business or any of its subcontractors to conduct a transient retail business upon the real property of the permanent retail business shall be considered and is a transient retail business subject to the provisions of this article. The fact that a transient retail business conducts such business within the Township on a regular periodic basis, for example, on a once-a-month or once-a-year basis, does not affect such business's status and it shall be considered for these purposes at all times a transient retail business.
[Amended 9-17-2019 by Ord. No. 554]
A. 
Every person, resident or nonresident, whether principal or agent, entering into, beginning or desiring to begin a transient retail business in Tobyhanna 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 or other place or structure for the public exhibition and/or sale of such goods, wares or merchandise, shall make application to Tobyhanna Township for a transient retail merchant's license, shall pay the appropriate license fee to Tobyhanna Township and shall obtain a transient retail merchant's license from Tobyhanna Township for each and every room, apartment, store, shop, building, railway car or other place or structure used for the exhibition and/or sale of such goods, wares or merchandise, before such person enters into, begins or desires to begin a transient retail business in the Township for the sale of any goods, wares or merchandise whatsoever.
B. 
Any person or organization desiring to engage in peddling within Tobyhanna Township must first make application to the Township. The Township may require such information as it deems appropriate, including but not limited to photograph, prior criminal record, name of employer and type of solicitation being made to the public.
(1) 
Every person intending to peddle or solicit within Tobyhanna Township shall be required to file an application and obtain a license. No license issued under this article shall be transferable from one person to another, and there shall be a three-to-five-day waiting period between application and issuance of the license.
(2) 
All fees for peddling licenses shall be set by separate resolution of the Tobyhanna Township Board of Supervisors.
(3) 
All peddling licenses issued by Tobyhanna Township shall be exhibited in clear view by the person soliciting at all times, and they shall not be altered or used by any other person except the applicant and licensee.
C. 
Failure of the applicant to fully complete the application or supply the necessary documents or information so required under the provisions of this article shall constitute just cause to reject and deny the application.
[Amended 7-11-2005 by Ord. No. 455; 9-17-2019 by Ord. No. 554]
The term of said license shall be for one year from the date such license is issued.
[Amended 7-11-2005 by Ord. No. 455; 9-17-2019 by Ord. No. 554]
The applicant shall submit with his or her application the appropriate nonrefundable license fee. This fee may be changed from time to time by resolution of the Board of Supervisors.
Applicant shall be obliged to provide for the health, safety and welfare of its patrons and the general public.
A. 
With the exception of mobile food service vehicles, transient retail businesses shall not be conducted on a public street, shoulder or easement. In the case of a peddler who conducts door-to-door solicitations, the traveling over the public street, road, highway or thoroughfare, or its shoulders or easements, to its prospects shall not be considered prohibited herein as long as such solicitations, exhibitions and/or sales are conducted solely and wholly upon the private property of the solicitee and solely and wholly off the public street, road, highway or thoroughfare, or its shoulders or easements.
[Amended 9-17-2019 by Ord. No. 554]
B. 
The real property upon which the transient retail business is intended to be sited and/or located must be zoned for such and have a valid zoning permit, together with any and all other required permits or licenses, including but not limited to building, occupancy, septic, highway occupancy, amusement license, DEP health license, etc.
(1) 
The transient retail business must provide adequate ingress and egress, parking facilities, sewage facilities and waste disposal facilities on the real property as may be appropriate and necessary for the operation of the transient retail business.
(2) 
The transient retail business shall not interfere with, obstruct or delay traffic and/or pose an imminent danger of harm to the general public and/or the public street, road, highway or thoroughfare by the operation of its transient retail business.
C. 
The applicant shall submit an application in the form determined by the Township, and shall in appropriate cases provide the Township with a sketch or plan of the location where the transient retail business will be conducted, sufficient to allow the Township to determine whether the requirements of this article, including but not limited to traffic, ingress, egress, easements, road shoulders, and other issues affecting the public safety and welfare, will be satisfied.
[Added 7-11-2005 by Ord. No. 455]
[Added 9-17-2019 by Ord. No. 554[1]]
A. 
The peddler shall not enter or attempt to enter any dwelling house or place of business without invitation or permission of the occupant and shall immediately leave the premises upon request.
B. 
The peddler shall only engage in peddling or soliciting within the Township on Monday through Saturday from 9:00 a.m. to 8:30 p.m. No peddling shall be allowed on Sundays or on any state or federal legal holidays.
C. 
The peddler shall not call out or shout to sell his or her services or goods, nor shall the peddler use any loudspeaker or horn or other device for announcing his or her presence by which the public is annoyed.
D. 
The peddler shall not occupy any fixed location upon or along any of the streets, alleys or sidewalks of the Township for the purpose of peddling or soliciting, with or without any stand, counter or cart.
E. 
The peddler shall not peddle in any Township park without first acquiring a permit from the Township's Zoning Officer.
[1]
Editor's Note: This ordinance also redesignated former §§ 101-7 through 101-9 as §§ 101-8 through 101-10, respectively.
[Added 7-11-2005 by Ord. No. 455]
The maximum duration that any transient retail business shall operate within the Township shall be eight days during the one-year term of the license, whether such days run consecutively or separately, not including a reasonable time to set up and to dismantle the sales location and related facilities before and after the days of actual operation. The licensee shall be responsible for dismantling and removing from the sales location all signs, stands, vehicles, trailers, tents, structures and other facilities, appurtenances, materials and equipment promptly following the completion of each period of actual operation. However, in no event shall any property owner permit any transient retail operation or any combination of transient retail operations to be conducted on his or her property, nor shall any transient retailer conduct retail sales operations in any given location or on any given tract of property within the Township, more than twice during any calendar year.
A. 
This article and its provisions shall not apply to farmers selling their own produce pursuant to the provisions contained in the Second Class Township Code, 53 P.S. § 66532.
B. 
Charitable or philanthropic persons, organizations, groups or associations conducting and/or sponsoring the sale of goods, wares or merchandise, the proceeds of which are applied to that charitable or philanthropic purpose, shall be required to file a transient retail merchant's license application with the Tobyhanna Township license issuer to determine applicability of the provisions of this article to the charitable or philanthropic business operation. If the charitable or philanthropic business operation is exempt under the provisions of this article, no license fee shall be charged and the charity or philanthropy shall be issued a transient retail merchant's exemption license.
A. 
It shall be unlawful for any person to operate a transient retail business without a transient retail merchant's license. It shall also be unlawful for any person to operate a transient retail business when the transient retail merchant's license has been suspended or revoked, and it shall also be unlawful for any person, licensed or unlicensed, to violate any of the provisions of this article. Such violations shall be enforced through the institution of summary proceedings against such persons violating the provisions of this article.
B. 
Any person who shall violate any of the provisions of this article shall, upon conviction in a summary proceeding, be fined $300 to $1,000 and, in default of payment of said fines, shall be imprisoned in the Monroe County Jail for a period not exceeding 30 days.
C. 
A separate offense and violation shall be deemed to have been committed for each and every day during which a violation of the provisions of this article occurs or continues.
[Added 9-17-2019 by Ord. No. 554]
A. 
Licensing. Mobile food service vehicles must be licensed and equipped in accordance with the rules and regulations of all local, state, and federal agencies having jurisdiction over such vehicles. The preparation and sale of food from mobile food service vehicles must comply with all applicable local, state, and federal laws and regulations.
B. 
Right-of-way/public property: food trucks. Food trucks may not operate within the public right-of-way or on any municipal property except as may be specifically allowed by the municipality. Food trucks may not operate on property owned by a public entity other than the municipality unless specifically allowed by such public entity. No unattended food truck shall be left at any time in the right-of-way or parked on any other public property overnight.
C. 
Right-of-way/public property: ice cream trucks. An ice cream truck may operate from the right-of-way at any one location for no more than 15 minutes before relocating to another location not less than one-quarter mile from the previous location. Operation of ice cream trucks within municipal parks shall be subject to rules and regulations established in Chapter 99 of the Tobyhanna Township Code relating to park rules. Ice cream trucks may not operate on any other property owned by the municipality or another public entity except as may be specifically allowed by the municipality or other public entity. No unattended ice cream truck shall be left at any time in the right-of-way or parked on any other public property overnight.