Upper Darby Township regulates off-street retail sales activities conducted on private property within the Township.

An Off-Street Sales Permit is required to ensure that temporary or independent retail operations conducted on private property are properly reviewed, authorized, and conducted in a safe and orderly manner.

It is unlawful to operate an off-street retail sales business within Upper Darby Township without first obtaining the required permit from the Department of Licenses & Inspections.

What is Off-Street Retail Sales

Off-street retail sales refers to the sale of goods, wares, or merchandise at a location on private property where:

• The sales activity is conducted by a person or entity other than the established business operating at that location
• The sale is not part of the normal business conducted on the premises

This typically includes temporary or pop-up sales conducted in:

• Parking lots
• Private commercial properties
• Leased outdoor areas
• Temporary retail setups on private property

Permit Requirement

All individuals or entities conducting off-street retail sales must obtain a permit prior to operating.

• A separate permit is required for each off-street sales activity
• Permits are issued for specific dates and locations as listed on the application
• Permits are not transferable

Who May Apply

Off-Street Sales Permits may be obtained by:

• Individuals
• Businesses
• Vendors or organizations
• Property owners hosting off-street sales activities

All applicants must comply with Township requirements prior to permit issuance.

Application Requirements

Applicants must submit a completed application to the Department of Licenses & Inspections.

The application must include:

• Name and address of the applicant
• Name and address of the business or organization represented
• Description of goods or merchandise to be sold
• Dates and location of the proposed sales activity
• Names of other municipalities where similar activity has occurred

In addition, applicants must provide:

• A letter or lease agreement signed by the property owner authorizing use of the premises for off-street retail sales
• A site plan (sketch plan) drawn to scale showing:
  • Exact location of the sales area
  • Relationship to existing buildings, structures, streets, and sidewalks
  • Available off-street parking
  • Compliance with zoning parking requirements
  • Proposed lighting (if nighttime operation is planned)

Incomplete applications will not be processed.

Licensing and Additional Requirements

Prior to issuance of an Off-Street Sales Permit, applicants must:

• Comply with the Township’s Business Privilege (Mercantile) License requirements
• Pay all applicable permit and licensing fees
• Provide any additional documentation required by the Township

All required approvals must be obtained before a permit will be issued.

Permit Issuance

Permits are issued by the Department of Licenses & Inspections upon:

• Submission of a complete application
• Verification of all required documentation
• Payment of applicable fees

The Township will review applications and issue a permit within a reasonable timeframe, provided all required information has been submitted.

Permits are issued for specific locations and dates and must be adhered to at all times.

Display of Permit

Off-Street Sales Permits and applicable business licenses must be:

• Clearly displayed at the location of the sales activity
• Available for inspection by Township officials upon request

Operational Requirements

All off-street retail sales activities must be conducted in a manner that:

• Does not create a hazard to traffic or pedestrians
• Does not interfere with normal business operations at the site
• Maintains adequate parking and access
• Complies with all Township codes and regulations

Off-street sales activities may not:

• Obstruct traffic flow or visibility
• Create unsafe conditions on the property
• Extend into public rights-of-way without proper authorization

Hours of Operation

Off-street retail sales activities are limited to the following hours:

• 8:00 a.m. to 7:00 p.m. 

No sales activity may occur outside of these hours.

Exemptions

Certain individuals or organizations may be exempt from permit fees or licensing requirements as provided by Township ordinance.

However, exempt entities may still be required to:

• Register with the Township
• Comply with all applicable operational and safety requirements

Applicants should contact the Department of Licenses & Inspections to determine eligibility for exemptions.

Registration Requirement

All permitted individuals or entities must register with the Department of Licenses & Inspections on the days when off-street retail sales activity is conducted.

Registration includes:

• Name of the individual
• License number
• Name of the business or organization represented

Important Reminders

• An Off-Street Sales Permit is required prior to conducting any off-street retail sales activity
• Permits are issued for specific dates and locations only
• Property owner authorization is required
• A site plan must be submitted with the application
• Business Privilege (Mercantile) License compliance is required
• Permits and licenses must be displayed at the site
• Activities must comply with all Township regulations and safety requirements

Frequently Asked Questions

Do I need a permit to sell items in a parking lot?
Yes. Any off-street retail sales activity conducted on private property requires a permit.

Can I operate on someone else’s property?
Yes, but you must provide written authorization from the property owner.

Do I need a site plan?
Yes. A sketch plan showing the layout of the sales area and parking is required.

Do I need a business license?
Yes. Compliance with the Township’s Business Privilege (Mercantile) License is required.

Can I operate at night?
Only if within permitted hours (8:00 a.m. to 7:00 p.m.) and properly approved.

Contact the Department of Licenses & Inspections

For questions regarding Off-Street Sales Permits, please contact the Department of Licenses & Inspections.

Email: LI@UpperDarby.org
Phone: 610-734-7613

Residents may also submit inquiries or report concerns through the Township One Center.

To submit a concern, email One@UpperDarby.org or call the One Center Request Line at 610-734-7625.