866.09 CANCELLATION OR NONISSUANCE OF LICENSE.
The Township Secretary, with the approval of the Board of Township Commissioners (or such member or members thereof as they may designate), may cancel without notice or refuse to issue any license when, in his or her judgment, the quality or price of the goods offered for sale, or the practice or methods employed, or the terms thereof, are such that fraud and deception may be practiced on, or injury or loss may be suffered by, residents. If a license is cancelled or refused, the amount paid or the unused portion thereof shall be refunded by the Township. (Ord. 566. Passed 6-15-83.)
866.10 REVOCATION OF LICENSE; SEIZURE OF LICENSE PLATES.
A license privilege granted under this chapter shall be revoked by the Township Secretary or other authorized officer for any unauthorized transfer or misuse of the license or for the violation of any statute, ordinance or regulation presently existing or that may in the future be enacted or put Into force and effect. Any officer of the law is hereby authorized and directed to remove, by force or otherwise, any license plate, the user of which has been guilty of any offense set out or referred to in Sections 866.06 through 866.10 and to forward such plate, together with a written report, to the Township Secretary or other authorized officer. (Ord. 566. Passed 6-15-83.)
866.11 FEE IN LIEU OF MERCANTILE TAX; WAIVER OF FEES.
(a) The Board of Township Commissioners shall, from time to time, establish by resolution the fee for the issuance of a license pursuant to this chapter. Such fee shall be in lieu of any mercantile tax otherwise payable by the licensee.
(b) The fee required under this chapter shall be waived when the proceeds of the sale or sales, after payment of reasonable expenses, inure:
(1) Exclusively to the benefit of a nonprofit organization;
(2) Exclusively to the benefit of organizations or persons in the Armed Forces or the Coast Guard of the United States, or in National Guard organizations, reserve officers’ associations or organizations, posts or associations of war veterans, or auxiliary units or societies of such posts of organizations, or such posts, organizations, units or societies organized in the Commonwealth and if no part of their net earnings inures to the benefit of any private shareholder or person; or
(3) To a person vending exclusively the produce of his or her own property on his or her own property, provided that such person appears in person before the Township Secretary or other officer assigned for such purpose and satisfies him or her under oath or affirmation that such is the case. If and when the Township Secretary or other officer is so satisfied, there shall be issued, without charge therefor, to such applicant, the license that would be issued to a seasonal vendor or peddler under the provisions of this chapter and, with the exception of the fee to be paid, the licensee shall be subject to all of the provisions of this chapter.
(Ord. 566. Passed 6-15-83.)
(a) Seasonal vendors shall conduct their activities only in “B” and “B-1” Business Districts and Shopping Center Districts.
(b) Seasonal vendors and peddlers are exempt from the provisions of the Zoning Code requiring that all activities be conducted within a wholly enclosed building.
(c) A temporary structure utilized by a seasonal vendor or peddler must comply with the requirements of Chapter 1462.
(d) No products may be sold by seasonal vendors or peddlers which require refrigeration, including, but not limited to, dairy products and seafood.
(e) Notwithstanding anything to the contrary herein, no sales are permitted directly from a motor vehicle, trailer or other structure which Is placed on wheels.
(f) Seasonal vendors must provide paved off-street parking for at least six vehicles.
(g) No seasonal vendor or peddler may block or otherwise obstruct a street or sidewalk from either vehicular or foot traffic.
(h) Daily trash collection is required for seasonal vendors.
(i) No bell, whistle, horn or other noise-making device shall be used for vending purposes by either seasonal vendors or peddlers.
(j) A licensee, under this chapter, who has changed his or her place of residence, shall appear in person at the office of the Township Secretary within ten days from the date of such change of address or residence and give notice of his or her new address.
(k) The Board of Township Commissioners may, by resolution or ordinance, promulgate or modify such additional rules and regulations as it deems necessary to carry out the intent of this chapter and such rules and regulations shall have the same force and effect as if set forth herein.
(Ord. 566. Passed 6-15-83.)
866.13 REQUIREMENTS FOR OTHER SELLERS.
No other seller 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 or deliver any goods, wares or merchandise under order so obtained or so solicited, unless such sale or offer for sale or solicitation is made wholly within a completely enclosed building and such building has a fixed foundation and permanent electrical wiring and plumbing. (Ord. 566. Passed 6-15-83.)
Notwithstanding the provisions set forth in Sections 866.05 and 866.13, the following activities may be conducted without complying with the provisions of this chapter.
(a) Garage sales and yard sales conducted by owners of residences within the Township;
(b) Tail-gate sales and flea markets conducted by any nonprofit organization; and
(c) Solicitation or sale of ice cream directly from a truck which travels throughout the Township.
(Ord. 566. Passed 6-15-83.)
The provisions of this chapter shall be enforced by the Code Enforcement Officer. (Ord. 566. Passed 6-15-83.)
In the event of a conflict between any provision of this chapter and a provision of Chapter 860, the provision of this chapter shall prevail. (Ord. 566. Passed 6-15-83.)
(EDITOR’S NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)
1983 Replacement