[HISTORY: Adopted by the Board of Supervisors of the Township of Limerick 1-19-1993 by Ord. No. 149.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 122.
[1]
Editor's Note: This ordinance repealed former Ch. 124, Peddling and Soliciting, adopted 3-2-1965 by Ord. No. 28, as amended.
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the text:
TRANSIENT RETAIL BUSINESS
Engaging in peddling, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground or from house to house within the Township of Limerick.
[Amended 9-6-2016 by Ord. No. 370]
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
[Amended 11-13-2008 by Ord. No. 303; 5-23-2017 by Ord. No. 378]
From and after the effective date hereof, any person or organization not exempted by Limerick Township Code § 124-6 hereof desiring to engage in any transient retail business by visitation to private homes or residences or on the public streets or highways of Limerick Township must first make application to Limerick Township.
A. 
Every person desiring to obtain a license to engage in transient retail business within Limerick Township as required by § 124-2 hereof shall make application for said license in person to the Township Manager.
[Amended 11-13-2008 by Ord. No. 303; 5-23-2017 by Ord. No. 378]
(1) 
In the event the applicant seeking a license to engage in a transient retail business is a firm, corporation, or other entity, each individual person seeking to engage in a transient retail business on behalf of said firm, corporation, or other entity shall be required to obtain a license.
(2) 
No license issued under this chapter shall be transferable from one person to another.
B. 
Application information:
(1) 
The applicant shall supply, over his signature, the following information (if applicable):
(a) 
His name.
(b) 
His place and date of birth.
(c) 
His social security number.
(d) 
His address.
(e) 
His residence.
(f) 
The address at which he will receive notices under this chapter.
(g) 
The name and address of his employer or principal and the nature of his business activity.
(h) 
The types of goods, wares and merchandise he wishes to deal with in such transient retail business.
(i) 
The nature of the business or activity in which the applicant wishes to engage within the Township.
(j) 
The duration of the license (i.e., 30 days, one year).
(k) 
The days and hours of operation or solicitation.
(l) 
His motor vehicle operator's number and the issuing state thereof.
(m) 
The registration number, model, make and color of the vehicle or vehicles which the applicant intends to use.
(n) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(1)(n), regarding the location of the business, was repealed 9-6-2016 by Ord. No. 370.
(o) 
A statement as to whether the applicant has ever been convicted in any jurisdiction of any crime and, if so, what crimes, where and when.
(2) 
In addition, the applicant shall supply to Township the following (if applicable):
[Amended 5-23-2017 by Ord. No. 378]
(a) 
A copy of his Pennsylvania state sales tax license.
(b) 
Proof of a food handler's license or health license.
(c) 
A completed and fully executed Pennsylvania State Police Criminal Record Request Form and any fee associated with such a request as set by the Commonwealth of Pennsylvania or the Pennsylvania State Police.
(d) 
A completed and fully executed State Police Criminal Record Request Form for the state where the applicant resides and any fee associated with such a request as set by the reporting state.
(e) 
A completed and fully executed Pennsylvania Child Abuse History Clearance Certification Form and any fee associated with such a request as set by the Commonwealth of Pennsylvania, Pennsylvania State Police, or the Pennsylvania Department of Human Services.
C. 
Upon submission of a completed application and the payment of a fee in the amount set by resolution of the Board of Supervisors,[2] a license shall be issued, within 15 business days of such submission, to the applicant in the form of a card, which shall, unless revoked, entitle the licensee to engage in the activities specified for the period requested from the date of issuance.
[Amended 5-23-2017 by Ord. No. 378]
[2]
Editor's Note: The current fee resolution is on file in the office of the Township Secretary/Manager.
D. 
Licenses may be renewed for additional periods upon payment of the fee hereinabove provided for and the submission of any amendment of the original application necessary to reflect any changes in the information therein contained.
E. 
No license to engage in transient retail business shall be issued to any person who has been convicted of the commission of a felony under the laws of the state or any other state or federal law of the United States within 10 years of the date of the application, nor to any person who has violated any of the provisions of this chapter, nor to any person whose license issued hereunder has previously been revoked as herein provided.
[Added 5-23-2017 by Ord. No. 378]
Every person to whom a license has been issued hereunder shall, in the carrying on of his business or activities in the Township, comply with the following conditions and rules of conduct:
A. 
He shall carry his license card at all times and exhibit it upon request to any peace officer or any person upon whom he shall call or with whom he shall talk in carrying on his licensed activities.
B. 
His license card is not transferable, and he shall not permit or allow any other person to use the same and shall immediately report its loss to the Township Manager, should such event occur. His card shall not be altered or defaced, nor shall he permit it so to be.
C. 
He shall not enter or attempt to enter any dwelling or business house without the invitation or permission of the occupant and shall immediately leave any premises upon request.
D. 
He shall not represent his license card to be an endorsement of himself or of his goods, wares or services or of the goods, wares or services of his employer.
E. 
He shall immediately surrender his license card upon revocation of his license, as hereinafter provided.
F. 
He shall not conduct his soliciting operations at any Township park if the Township has a contract with a third party to provide food services to such park.
[Added 9-6-2016 by Ord. No. 370]
G. 
He shall only engage in transient retail business within Limerick Township from 9:00 a.m. to 8:00 p.m., Monday through Friday, and 10:00 a.m. to 6:00 p.m., Saturday and Sunday.
[Added 5-23-2017 by Ord. No. 378]
A. 
Any license hereafter issued may be revoked by the Board of Supervisors upon the failure of the licensee to comply with the standards of conduct established by § 124-4 or upon ascertainment that the licensee has made any false statement in his application for a license hereunder. Notice of revocation shall be given by written notice served or sent, by registered mail, to the address designated for this purpose in the license application.
B. 
Any person whose license has been revoked shall be entitled to appear with counsel, if he desires, before the Board of Supervisors at a regular or special meeting; and he will be heard on behalf of his request for a reinstatement of his license.
[Amended 11-13-2008 by Ord. No. 303]
The following persons are exempted from the licensing requirements of this chapter:
A. 
Persons soliciting contributions on behalf of organizations or nonprofit corporations exempted from the provisions of or duly registered pursuant to the Act of December 19, 1990, P.L. 1200, No. 202 (10 P.S. § 162.1 et seq.), as amended, who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.
B. 
Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
C. 
Farmers and dairies selling their own farm and dairy produce on or adjacent to their residence or farms.
D. 
Fire company, charitable nonprofit organization or similar community groups granted nonprofit status by the Internal Revenue Service.
E. 
Persons engaged in peddling, soliciting, or canvassing related to the dissemination of information related to political, ideological, social, or religious issues.
[Added 5-23-2017 by Ord. No. 378]
Any person, firm or corporation who or which shall violate or fail to comply with any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $600 and the costs of prosecution and, in default of payment of such fine and costs, shall be committed to the county jail for a period not exceeding 30 days.