[HISTORY: Adopted by the Board of Supervisors
of the Township of Tobyhanna as indicated in article histories. Amendments
noted where applicable.]
[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Editor's Note: This ordinance also repealed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:
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.
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.
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.
Any person who shall engage in 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.
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.
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.
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.
[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.
