CHAPTER 860
Peddlers and Auctioneers

860.01    Wholesale and retail sales; solicitation; license required; exceptions.
860.02    Transient sales; sales from vehicles; license required; exceptions.
860.03    Issuance of licenses and certificates; fees.
860.04    License and registration application.
860.05    Qualifications of licensees; transfer of licenses; severance of connections; abatement of fee.
860.06    Rules and regulations; noise-making devices; sales from vehicles; prohibited vending areas.
860.07    Waiver of fee for certain farmers and manufacturers.
860.08    Waiver of fee for certain servicemen.
860.09    Parking limitations.
860.10    Limitations on occupation of curbstones and streets; hours of vending.
860.11    Fraud; cancellation or nonissuance of licenses.
860.12    Revocation and seizure of licenses and plates.
860.13    Change of address.
860.14    Fee exemptions.
860.99    Penalty.

 

 CROSS REFERENCES:
Authority to regulate peddling - see 1st Class §1502-XXIV
Authority to regulate and license peddlers and auction - see 1st Class §1502-XLIII
Licensing and regulation of transient retail merchants - see 1st Class §2901
Use of loudspeakers - see B. R. & T. 810.01
Billposting and handbills - see B. B. & T. 810. 02
Seasonal vendors, peddlers and other sellers - see B R. & T. Ch. 866

860.01   WHOLESALE AND RETAIL SALES; SOLICITATION; LICENSE REQUIRED; EXCEPTIONS.

(a) No person, except those, if any, who may be entitled by law to peddle without a license, shall sell at wholesale or retail any goods, wares or merchandise within the limits of the Township or canvass or solicit within the Township any orders for goods, wares or merchandise of any kind, other than daily or weekly and Sunday newspapers, or deliver any goods, wares or merchandise under order so obtained or solicited, without first obtaining a license for such purposes from the Township.

(b) The provisions of this chapter shall not apply to persons selling by sample to manufacturers or licensed merchants or dealers residing or doing business in the Township, nor to any sale of goods, wares or merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose. (Ord. 216. Passed 6-17-59.)

1983 Replacement


860.02   TRANSIENT SALES; SALES FROM VEHICLES; LICENSE REQUIRED; EXCEPTIONS.

(a) No person shall sell or offer for sale on a temporary or transient basis at any place within the limits of the Township, or hawk, peddle or offer for sale from any wagon, motor vehicle, railroad car or other vehicle at any time or in any manner, any goods, wares or other merchandise without first obtaining a license for such purpose from the Township.  (Adopting Ordinance)

    (b) This chapter shall not apply to manufacturers or producers in the sale of milk or milk products, bread and bakery products or meat and meat products, but not including ice cream, custard, water ice or similar products.

(Ord. 216. Passed 6-17-59.)


860.03    ISSUANCE OF LICENSES AND CERTIFICATES; FEES.

The Township is hereby authorized to issue licenses and/or registration certificates in accordance with the provisions of this chapter when he is satisfied as to the citizenship and character of the applicant, upon payment of the following fees:

(a)     When no vehicle is used directly in selling, twenty-five dollars ($25. 00) per day for the license or registration certificate, which shall be required of each in­dividual vendor;

(b)    When the applicant proposes to sell or solicit directly from a vehicle, twenty-five dollars ($25. 00) per year for the first such vehicle and fifteen dollars ($15. 00) per year for each additional vehicle. The individual driver or salesman in charge of each vehicle shall register with the Township pursuant to the provisions of this chapter.

 


860.04    LICENSE AND REGISTRATION APPLICATION.

In order to determine the character and fitness of an applicant for a license or registration, the Township Secretary is hereby authorized to prepare an application form which shall contain questions concerning, but not limited to, the applicant’s personal qualifications, criminal record and past business affiliations, and also questions concerning the particular wares or merchandise to be sold in order to determine whether the same are safe and harmless or whether certain safety or protective measures must be taken in connection with their use. Such application shall be signed by the applicant and his oath or affirmation taken therewith.

1983 Replacement


                                                                                                                                    

860.05    QUALIFICATIONS OF LICENSEES; TRANSFER OF LICENSES; SEVERANCE OF CONNECTIONS; ABATEMENT OF FEE.

Licenses issued under this chapter, when granted, shall not be transferable. In any case where a salesman or solicitor’s connections with any concern holding a license hereunder are severed, it shall be the duty of such licensee to secure the return of the registration certificate and return the same to the Township or notify the Township of such termination. Such registration certificate shall become void upon such severance. Each such license shall be for the current year and no abatement of the license fee shall be made for any fractional part of a year except for licenses applied for on or after August 1 of each year, in which case the license fee shall be reduced to one-half of the original fee. (Ord. 216. Passed 6-17-59.)


860.06    RULES AND REGULATIONS; NOISE-MAKING DEVICES; SALES FROM VEHICLES; PROHIBITED VENDING AREAS.

(a)  The Board of Township Commissioners may promulgate such rules and regulations as it deems necessary providing for the issuance and use of licenses, plates or numbered buttons in connection with the licenses issued hereunder and, by resolution, to change the same from time to time as it deems advisable, such rules and regulations to have the same force and effect as if set out herein.

(b)  No bell, whistle, horn or other noise-making device shall be used for vending purposes.

(c)  No product shall be sold or dispensed to any child who must cross any street or highway to the vehicle from which products are sold or dispensed unless such child is accompanied by and under the immediate supervision and protection of the driver of such vehicle or other adult and such child is returned across such street or highway in the same manner before such vehicle leaves the immediate location from which products are sold or dispensed.

(d) The driver of such a vehicle shall not leave any area from which he has sold or dispensed any product until all empty cartons, paper containers or other waste materials originating from such vehicle have been removed and placed in a container inside such vehicle.

(e) No vending shall be permitted in any area zoned commercial or within 100 yards thereof, or within 100 yards of any school, church or public building.

(f) No vending shall be permitted within a distance of seventy-five feet of the radius curve of any street, or highway intersection, or from any other location which may obstruct the normal flow of traffic.

(Ord. 216. Passed 6-17-59.)