CHAPTER 866
Seasonal Vendors, Peddlers and Other Sellers
866.01 Short title.
866.02 Definitions.
866.03 Purpose.
866.04 Scope.
866.05 License required.
866.06 Authority of Township Secretary.
866.07 Application for license
866.08 Effective period of license; maximum licenses allowed; transferability.
866.09 Cancellation or nonissuance of license.
866.10 Revocation of license; seizure of license plates.
866.11 Fee in lieu of mercantile tax; waiver of fees.
866.12 Rules and regulations.
866.13 Requirements for other sellers.
866.14 Exemptions.
866.15 Enforcement.
866.16 Conflict of law.
866.99 Penalty.
CROSS REFERENCES :
Authority to regulate peddling - see 1st Class Sec. 15020-XXIV
Authority to regulate and license peddlers and auctions – see 1st Class Sec.
1502-XLIII
Licensing and regulation of transient retail merchants - see 1st Class Sec. 2901
Use of loudspeakers - see B. R. & T. 810.01
Billposting and handbills - see B. R. & T. 810.02
Peddlers and auctioneers - see B. R. & T. Ch. 860
This chapter shall be known and may be cited as the “Seasonal Vendors, Peddlers and Other Sellers Ordinance.” (Ord. 566. Passed 6-15 -83.)
As used in this chapter:
(a) “Nonprofit organization” means an organization formed for a religious, educational, charitable or civic purpose, including a fire company or scout troop, the earnings of which do not inure to the benefit of any private shareholder or person.
(b) “Other seller” means a seller of goods, wares or merchandise who is not a seasonal vendor or peddler.
(c) “Peddler” means a vendor of goods, wares or merchandise who sells, solicits or canvasses in a door-to-door manner.
(d) “Seasonal vendor” means a vendor of flowers, plants, frees, fruits and/or vegetables from a location that is not within a fully enclosed building with a permanent foundation.
(e) “Temporary structure” means a shed, canopy, table, plank or other structure which does not have a fixed foundation, permanent electrical wiring or plumbing, and which can be removed within twenty-four hours.
(Ord. 566. Passed 6-15-83.)
The purpose of this chapter is to authorize, prohibit and regulate the activities of seasonal vendors, peddlers and other sellers. (Ord. 566. Passed 6-15-83.)
This chapter applies to seasonal vendors, peddlers and other sellers. It is the intent of the Board of Township Commissioners That nothing contained herein shall be construed to authorize, permit or otherwise allow any seller to sell or otherwise conduct his or her business or activities without conforming to all the requirements of the Zoning Code, the Health and Sanitation Code and all other codes and regulations of the Township, except where such codes and regulations are expressly modified by this chapter. (Ord. 566. Passed 6-15-83.)
No seasonal vendor or peddler shall sell or offer to sell at wholesale or retail any goods, wares or merchandise within the Township or canvass or solicit within the Township any orders for goods, wares or merchandise of any kind, other than newspapers, or deliver any goods, wares or merchandise under order so obtained or solicited, without first having obtained a license for such purpose from the Township in accordance with this chapter. (Ord. 566. Passed 6-15-83.)
866.06 AUTHORITY OF TOWNSHIP SECRETARY.
The Township Secretary or the Township Secretary’s designee is hereby authorized to issue licenses in accordance with the provisions of this chapter. (Ord. 566. Passed 6-15-83.)
866.07 APPLICATION FOR LICENSE.
(a) 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 or not the same are safe and harmless and whether or not certain safety or protective measures must be taken in connection with their use. Such application shall be signed by the applicant and his or her oath or affirmation taken therewith.
(b) An applicant for a license under this chapter shall submit the following to the Township Secretary for approval:
(1) A plot sketch showing the manner in which the activities are to be conducted, including the location of any signs; and
(2) A Pennsylvania Department of Transportation or Township street opening permit, where applicable.
(Ord. 566. Passed 6-15-83.)
866.08 EFFECTIVE PERIOD OF LICENSE; MAXIMUM LICENSES ALLOWED; TRANSFERABILITY.
(a) A license issued pursuant to this chapter shall be valid for thirty (30) days.
(b)
A licensee is permitted a maximum of three (3) licenses during a
calendar year.
(Ord. 835. Passed 4-19-06 Effective 4/29/06.)
(c) A license issued under this chapter, when grunted,
shall not be transferable.
(Ord. 566. Passed 6-15-83.)