Chapter 133

TRANSIENT RETAIL MERCHANTS

§ 133-1. License required; exception.

§ 133-2. License fee; renewal; violations and penalties.

§ 133-3. Groups exempt from license fee.

§ 133-4. Standards of conduct

§ 133-5. Prelicensing requirements.

§ 133-6. Issuance of license.

§ 133-7. Repealer.

[HISTORY: Adopted by the Board of Supervisors of the
Township of West Manchester 1-11-199O as Ord. No. 90-14,
Section 133-2 amended at time of adoption of Code; see Ch. 1,
General Provisions, Art I. Other amendments noted where applicable.]

GENERAL REFERENCES

Peddling and Soliciting - See Ch. 91.

§ 133-1. License required; exception.

Every person, whether principal or agent, entering into beginning
or desiring to begin a transient retail business in West Manchester
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, automobile or other motor vehicle in a
stationary position or other place or structure for the exhibition and
sale of such goods, wares or merchandise shall take out a license for
the same from the Supervisors of West Manchester Township;
provided, however, that nothing herein contained shall apply to
farmers selling their own produce on the property where such
produce is grown.

§ 133-2. License fee; renewal; violations and penalties. ¹

The amount of such license shall be the sum of twenty-five dollars
($25.) per month, or fractional part thereof, to be paid to the Township
Treasurer. Said license shall be renewed monthly during the
continuance of said sale, and upon failure of any person so to secure
such license, he shall, upon conviction in a summary proceeding
before a District Justice, be fined not more than six hundred dollars
($600.) plus costs of prosecution, and in default of payment of said
fines and costs, shall be imprisoned in the York County Jail for a
period not exceeding thirty (30) days.

¹ Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art I.

§ 133-3. Groups exempt from license fee.

The following named groups will be exempt from the license fee but
not from the registration and licensing procedures and requirements:
farmers selling their own produce or any person or group selling
goods, wares or merchandise donated by the owners thereof, the
proceeds whereof are to be applied to any charitable or philanthropic
purpose, or to any sale of goods, wares or merchandise within an
enclosed area where admissions are charged.

§ 133-4. Standards of conduct.

A. No person may occupy a stationary position for the purpose of
a transient retail business on any public street, sidewalk, park
or any other public right-of-way within the township. All
transient retail businesses must provide a minimum of four (4)
off-street parking spaces that are improved sufficiently to
ensure that mud, dust and debris are not carried onto adjacent
streets and properties.

B. No person operating a transient retail business shall sell or
attempt to sell goods, wares and merchandise to motorists on
public streets nor impede traffic in any fashion.

C. No transient retail business may occupy an area within one
hundred fifty (150) feet of an intersection of two (2) public streets.

D. No transient retail business may place a sign on the public
sidewalks, streets or rights-of-way within the township.

§ 133-5. Prelicensing requirements.

All transient retail businesses must comply with all of the following
in order to receive a transient retail license:

A. Provide a letter from the owner of the property where
transient retail business will be located stating the applicant
has permission to occupy that area for a specific period of time
for the purpose of conducting a transient retail business.

B. Provide a plot plan of the area to be used showing the location
of any stand, vehicle, etc., to be used in conjunction with the
transient retail business. This plan must also show proposed
off-street parking for potential customers and any existing
buildings and street rights-of-way on or adjacent to the site.

C. Provide a description of goods and wares to be sold.

D. Provide the date or dates the area will be used for transient
retail business.

E. Complete an application furnished by the township to officially
request a transient retail license.

§ 133-6. Issuance of license.

Anyone who applies for a transient retail license and submits to the
township the required information listed within this chapter will be
issued a license within seven (7) working days from the date all
information is received.

§ 133-7. Repealer.

West Manchester Township Ordinance No.72-3, entitled "An
Ordinance Requiring Transient Retail Merchants to Be Licensed by
the Board of Supervisors of West Manchester Township; Fixing the
Amount of the License Fee; Providing for Certain Exemptions; and
Fixing Penalties for Violation Thereof," is hereby repealed in its
entirety and any ordinance of West Manchester Township or part
thereof that conflicts with the terms and provisions hereof is hereby
repealed.