[HISTORY: Adopted by the Board of Supervisors of the Township of Schuylkill 5-4-1966. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person who shall engage in peddling, as herein defined.
- A. Engaging in selling, purchasing, hiring, soliciting the sale, purchase or hire, or taking orders for the sale or purchase of any goods, wares, merchandise, services or printed matter of any kind or description, or engaging in soliciting contributions, gifts or pledges of money or other things of value, upon the streets, roads, highways or sidewalks of the Township, or from house to house, or by visitation to houses, places of residence or dwellings within the Township.
- B. "Peddling" shall not include or apply to the following:
- (1) Farmers engaged only in selling the produce of their own farms;
- (2) Persons engaged in the sale of goods, wares, and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose;
- (3) Persons engaged in the sale or solicitation for the sale of bread and bakery products, meat and meat products, or milk and dairy products;
- (4) Persons licensed by the Commonwealth of Pennsylvania to engage in any activity described in Subsection A hereof, including, but without limitation, real estate, insurance and security brokers and salesmen;
- (5) Persons selling at other than retail to dealers, manufacturers, producers and wholesalers; and
- (6) Persons otherwise specifically exempted by the laws of the Commonwealth of Pennsylvania.
- An individual, copartnership, association or corporation; the masculine shall include the feminine and the neuter; and the singular shall include the plural.
No person shall engage in peddling in the Township of Schuylkill unless such person shall then be possessed of a valid and unexpired license issued in accordance with this chapter.
Every person desiring to engage in peddling in the Township of Schuylkill shall first make application to the Chief of Police of the Township, upon a form provided by the Board of Supervisors for such purpose.
Applications for licenses shall require such applicant to state over his signature, his name, place of residence, place of business, address where service of notice under this chapter may be made, prior criminal record, if any, name of the person by whom employed, type or character of the goods, wares, merchandise or services he wishes to peddle, or the nature of the contributions he desires to solicit, the length of time for which he wishes to be licensed, types of vehicles to be used in peddling, if any, and the number of helpers, assistants, employees, associates or salesmen who shall be engaged in peddling with him.
An application shall be made by each such helper, assistant, associate, employee or salesman, upon a like form, and a separate license shall be required for each.
No license issued pursuant to this chapter shall be transferable or assignable.
Each application for a license shall be accompanied by a license fee in an amount established, from time to time, by resolution of the Board of Supervisors, and the license so issued shall be valid for a period of 30 days from the date of issuance.
Upon making application for, and paying the foregoing fee, a license shall be issued to every peddler, which license shall contain the information required to be given upon the application therefor, and every peddler shall at all times when engaged in peddling in the Township, carry such license upon his person, and exhibit the same upon request to all police officers, and to all persons with whom he shall carry on the licensed activity; and such licensee shall not permit any other person to have possession of such license, shall immediately report its loss to the Police Department of the Township, and shall not alter or deface such license; and each licensee shall surrender such license upon revocation as hereinafter provided.
No person licensed as a peddler under this chapter shall:
Engage in the peddling of any goods, wares, merchandise, services or contributions not specifically authorized by such license;
Engage in peddling at any time on Sunday, or upon any other day of the week before 10:00 a.m. or after 5:00 p.m., prevailing time;
Hawk or cry his wares upon any of the streets, highways or sidewalks of the Township, nor use any loudspeaker, horn, bell or other device for announcing his presence, by which the public is annoyed;
Park any vehicle upon any of the streets, highways, or sidewalks of the Township in order to sort, rearrange or clean any of his goods, wares or merchandise, nor deposit any refuse upon any of the streets, highways or sidewalks of the Township, nor set up, maintain or keep a street or curbstone market by parking any vehicles upon any street, highway or sidewalk of the Township, for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity thereof, and in no event for any period longer than one day;
Occupy any fixed location upon any of the streets, highways, or sidewalks of the Township, or any private driveways or parking lots within the Township, for the purpose of peddling, with or without any stand, counter, or vehicle; or
Enter, or attempt to enter any house, residence or dwelling without the invitation or permission of the occupant thereof; and such peddler shall immediately leave any premises while engaged in peddling, upon request.
Any license issued pursuant to this chapter may be revoked by the Chief of Police of the Township upon the violation by such licensee of any of the provisions of this chapter, or upon ascertainment that such licensee has made any false statement in the application for license; and the notice of revocation shall be given by notice in writing, served personally or by certified mail, to the address designated for service in the application.
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof, before any Magisterial District Judge, be sentenced to pay a fine or penalty not exceeding $600, and the costs of prosecution, and in default of the payment thereof, to imprisonment in the County Jail for not more than five days.