[HISTORY: Adopted by the Board of Commissioners of the Township of Bethlehem as indicated in article histories. Amendments noted where applicable.]
Article I License and Regulations
[Adopted 12-19-1979 by Ord. No. 10-79 (Ch. 13, Part 2, of the 1988 Code)]
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this § 175-1 except where the context clearly indicates a different meaning:
- Any person who is engaged in selling, or offering for sale, goods, wares, merchandise and/or services, without having been requested or invited to do so by the owner or occupant thereof, at any place within the Township, other than on premises which such person occupies as owner or lessee, or as agent of the owner or lessee.
- Any natural person, association, partnership, business trust, firm or corporation.
- Any person who is engaged in soliciting orders for goods, wares, merchandise and/or services, without having been requested or invited to do so by the owner or occupant thereof, at any place within the Township, other than on premises which such person occupies as owner or lessee, or as agent of the owner or lessee.
No person shall engage in the business of peddler or solicitor within the Township without first obtaining a license to do so as herein provided.
This § 175-2 shall not apply to the following persons:
Any farmer upon his sales of his own produce in or about the streets of the Township.
Insurance companies or their agents, or insurance brokers, authorized to transact business under the laws of the sState.
Persons taking orders for merchandise by sample from dealers or merchants for individuals or companies who pay a license or mercantile tax at their chief places of business.
Persons soliciting for charitable or religious purposes.
Persons distributing by vehicle on a regular route any meat, milk or bakery products.
Any application for a license under this § 175-3 must be filed with the Township Police Chief, setting forth the following information and containing the following requirements:
Name and address of applicant.
Age of applicant.
Sex of applicant.
Race of applicant.
Description and license number or other means of identification of any vehicle which the applicant expects to use while peddling or soliciting.
The kind of goods and/or services which the applicant proposes to sell or solicit orders for.
The length of time during which the applicant proposes to engage in peddling or soliciting.
The name of the person by whom the applicant is employed.
The application shall be accompanied by a fee as hereafter set forth.
[Amended 8-15-1988 by Ord. No. 8-88]
The fees for licenses issued hereunder shall be as follows:
Solicitors and peddlers. Each permit is valid for only the name that appears on the permit. Only one name will be on the permit.
If more than one individual is soliciting for the same business, the individual would be required to secure the permit.
The fee will be established from time to time by resolution. The time for soliciting will be between 9:00 a.m. and 5:00 p.m. No soliciting or peddling will be permitted on Sundays and holidays.
[Amended 8-15-1988 by Ord. No. 8-88]
Upon receipt of an application properly prepared and accompanied by the appropriate license fee, as established from time to time by resolution, the Township Police Chief shall issue a license.
Every licensee hereunder shall at all times, when engaged in peddling or soliciting in the Township, carry such license upon his person, and shall exhibit such license, upon request, to all police officers, Township officials and citizens. No licensee hereunder shall engage in peddling or soliciting orders for goods, wares, merchandise and/or services not mentioned upon such license, nor shall any person having a license to operate on foot operate from or with a vehicle.
No licensee hereunder shall engage in peddling or soliciting at any time on a Sunday or holiday, or upon any other day of the week before 9:00 a.m. or after 5:00 p.m. prevailing time.
No licensee hereunder shall hawk or cry his wares upon any of the streets or sidewalks of the Township, nor shall be use any loudspeaker or horn or any other device for announcing his presence.
No licensee hereunder shall park any vehicle upon any of the streets or alleys of the Township in order to sort, rearrange or clean any of his goods, wares or merchandise, nor may any such licensee place or deposit any refuse upon any such streets or alleys, nor may any such licensee maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than is necessary to sell therefrom to persons residing in the immediate vicinity.
No licensee hereunder shall occupy any fixed location upon any of the streets, alleys or sidewalks of the Township for the purpose of peddling or soliciting, with or without any stand or counter.
No license issued hereunder shall be transferable or used as such by any person other than the person to whom it was issued.
The Chief of Police is authorized to suspend any license issued hereunder when he deems such suspension to be necessary for the protection of the public health, safety or morals, or for violation of any of the provisions of this article, or for giving false information upon any application for a license hereunder.
Any person aggrieved by any such suspension may file an appeal thereof, in writing, with the Board of Commissioners within 10 days of such suspension, whereupon the Board of Commissioners shall fix a time and place for the hearing of the appeal, which time shall be not later than three days from the receipt of the appeal. The Board of Commissioners shall sit to hear the aforesaid appeals, and the decision of the Board shall be final.
Any person violating any of the provisions of this article, upon conviction, shall be fined not more than $300 and, in default of payment of fine and costs, imprisoned not more than 90 days.