[Ord. 4-2013, 7/17/2013; as amended by Ord. 2016-03, 8/17/2016]
1. 
No person, association, partnership, firm or corporation (hereinafter "person") shall, either directly or indirectly, sell goods, wares, merchandise, magazines, periodicals, books or other personal property by canvassing or soliciting, or solicit or canvass for contributions in the Borough of Conshohocken, without first having registered with the Borough Manager or his/her designee and obtained a license from the Borough.
2. 
The Borough Manager shall have authority to delegate any functions assigned to the Borough Manager under this Part, and to further designate a specific member of the administrative staff and/or the Police Department to act on behalf of the Borough Manager in all matters related to the administration of this Part. Any designation or delegation under this section shall be made by the Borough Manager in writing but shall not require further approval by Borough Council.
[Ord. 4-2013, 7/17/2013]
1. 
Any person desiring to directly or indirectly sell services, goods, wares, merchandise, magazines, periodicals, books, or other personal property by canvassing or soliciting, or solicit or canvass for contributions in the Borough, shall submit a written application to the Borough Manager or his/her designee on a form to be furnished by the Borough, accompanied by two photographs (two-inch by three-inch minimum) of himself/herself taken not more than six months prior to the date of application.
2. 
The applicant shall complete a written application, which shall include the following information: his/her name; sex; social security number; home and business address and telephone number; the name, address, telephone number and Pennsylvania sales tax identification number of the business, employer or organization, if any, for which he/she desires to undertake the activities which require this registration; the category of goods to be sold; a food vendor's license number for Montgomery County, if applicable; the length of time he/she wishes to engage in this work, including days of the week and hours; the make and model of vehicle, if any, he/she will use, its registration number, and his/her driver's license number; a certificate of automobile liability coverage; and a statement as to whether he/she has ever been convicted of a crime of any kind and the jurisdiction in which such offense occurred.
3. 
In addition to the foregoing, the application shall be signed by the applicant, as well as by any employer of an applicant, and shall contain therein the stipulation and agreement on the part of the employer, in consideration of the issuance of such license or permit, to become liable for any and all acts of such applicant while within the Borough of Conshohocken, in violation of law or otherwise. This provision shall not apply to bona fide charitable organizations.
4. 
No license shall be issued to any person who has been convicted of a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in canvassing and soliciting in the Borough.
5. 
All applications for license under this Chapter shall be accompanied by a fee, as determined from time to time by resolution of the Borough Council. Any application submitted without the requisite fee, unless otherwise exempted under this Subpart, shall be deemed to be administratively incomplete and shall be denied.
6. 
At the time of application for a license, an applicant shall receive information regarding the Conshohocken business privilege tax, a copy of this Subpart and any applicable rules of conduct for vendors and may be advised of the time and place of any orientation session conducted for the purpose of answering any questions regarding applicable ordinances.
[Ord. 4-2013, 7/17/2013]
1. 
The number of licenses to be issued monthly shall be limited to four. The licenses under this section shall be allocated as follows:
A. 
Two licenses shall be issued only to local business owners within the Borough of Conshohocken;
B. 
Two licenses may be issued to either transient business owners or to local business owners on a first-come-first-served basis; application may be made on the first business day of each month on a first-come-first-served basis.
C. 
For purpose of this section, a "local business owner" shall be defined as the owner of a business which occupies a permanent physical structure in the Borough of Conshohocken with a primary purpose of servicing the public and which is open during the majority of normally accepted business hours for the respective business. Businesses having greater than six locations within the United States shall not qualify as local businesses.
D. 
"Transient business owner" shall refer to the owner of a business which does not occupy a permanent physical structure within the Borough of Conshohocken or to a business having more than six locations within the United States.
2. 
The number of permitted licenses under this Section may be adjusted, from time to time, by resolution of the Borough Council.
[Ord. 4-2013, 7/17/2013]
1. 
Promptly upon receiving any application for a permit to canvass or solicit within the Borough, the Borough Manager or his/her designee shall cause such application and applicant to be investigated by the Borough Police Department.
2. 
In the event that an investigation indicates that the grant of a license may be injurious to the public interest or to the public heath, the Borough Manager may refuse to issue such license.
[Amended by Ord. No. 05-2022, 3/16/2022]
3. 
When granted, the Borough Manager will issue a license, to which one of the applicant's photographs must be affixed, within 10 days from the date of filing of the application. In the event a license is denied, notice of denial shall be issued by the Borough Manager, in writing, to the applicant within 10 days of the date of application.
[Ord. 4-2013, 7/17/2013]
1. 
Any license issued under this Chapter will be valid for a period of 30 days from the date on which it is issued.
2. 
Licenses may not be transferred from one person to another and shall be considered a personal permit or license.
3. 
One license will be permitted per person.
4. 
There will be no change in category of goods sold under a license during the period of time for which the license is in effect.
5. 
A local business license holder may submit an application for renewal of an existing license any time within the three days prior to the expiration of his/her current license. In cases of license renewal under this Section, the Borough Manager shall process and respond to the application for renewal within 48 hours of submission of the application, without regard to any time limitations set forth under § 13-1304.3.
[Ord. 4-2013, 7/17/2013]
1. 
Every person to whom a license has been issued shall in the conduct of his/her activity comply with the following standards of conduct:
A. 
A license holder shall carry the required license at all times or, in the case of a local business license, shall display the license prominently within his/her physical establishment within the Borough. Upon request, a license holder shall exhibit it to any police officer or ordinance officer of the Borough and to any person with whom they may interact.
B. 
A license holder shall not permit any person to have possession of a license and shall immediately report its loss to the Borough Manager.
C. 
licenses shall not be altered or defaced in any way.
D. 
A license holder shall not enter or attempt to enter any dwelling or otherwise remain upon any private property without the invitation or permission of the occupant or property owner and shall immediately leave any premises upon request of the occupant or property owner.
E. 
A license holder shall engage in canvassing or soliciting only during the hours fixed by resolution of Borough Council.
F. 
A license holder shall not be guilty of any false pretense or misrepresentation, and, particularly, shall not misrepresent to any person that issuance of a license under this Chapter is an endorsement of the license holder or the goods or services sold under a license.
G. 
Every license holder shall inform the Borough Police Department, in writing, of any changes to information supplied on the then-current application within five days of such change.
H. 
A license holder shall immediately surrender any license to the Borough Manager upon suspension or revocation thereof.
I. 
A license holder shall agree to refrain from solicitation of any property that is registered with the Borough as a "do not solicit" address.
[Ord. 2016-03, 8/17/2016]
1. 
The Borough shall maintain a list of property addresses where the property owner has communicated to the Borough in writing that the owner does not consent to the entry of persons onto his or her property for purposes of peddling or soliciting.
2. 
Once registered, the property address shall remain on the "Do Not Solicit" list unless and until the owner of the property shall submit a written request to remove the address.
3. 
The Borough may issue official placards identifying a property as registered under this section.
4. 
All persons issued licenses under this Part shall be given a copy of the then-current "Do Not Solicit" list at the time a license is issued. In addition to the administrative sanctions provided under this Part, it shall be a violation under § 13-1323 for a licensee to attempt to peddle or solicit to any property included on the "Do Not Solicit" list.
[Ord. 4-2013, 7/17/2013]
1. 
All canvassing or soliciting shall occur only in the following locations and for the following purposes:
A. 
Between Elm Street and First Street for any purpose.
B. 
Such areas other than those fixed under Subsection 1A as may be fixed by consent of the Borough Manager and Council President.
C. 
In a designated farmers' market district established by resolution of Council for purposes of selling raw and uncut items from the plant kingdom which are grown in the Borough of Conshohocken.
D. 
Within the SP-1, SP-2 or SP-3 Zoning Districts, as designated in the Conshohocken Borough Zoning Map, for purposes of food and beverage sales only.
E. 
Such other canvassing and soliciting districts as may be fixed by resolution of the Borough Council.
[Ord. 4-2013, 7/17/2013]
A license may be suspended by the Borough Manager or his/her designee if the holder fails to comply with the standards of conduct and responsibilities contained in this Subpart. A license may be revoked or suspended upon the basis of fraud, misrepresentation or the making of knowingly false statements in the application, the application process or in the course of conducting the licensed operation.
[Ord. 4-2013, 7/17/2013]
1. 
Any person whose license has been suspended or revoked shall be entitled to request a hearing on the revocation or suspension, provided that such person has provided Borough Council with written notice of such request at least five business days prior to Borough Council's next regularly scheduled or specially scheduled meeting. If such notice is not provided, Council may, in its discretion, conduct a hearing at any time within 30 days of the date when written notice of appeal is received.
2. 
An applicant on appeal shall be afforded written notice of the date, time and place of the hearing and shall be entitled to present any information relevant to the substance of the appeal during the hearing before Council.
3. 
Borough Council may grant or deny an appeal, in its sole discretion, and may elect to modify the terms of any suspension or revocation.
4. 
No person shall be denied a license or have such license suspended or revoked except by procedures consistent with due process of law.
[Ord. 4-2013, 7/17/2013]
1. 
The following persons, although subject to all other provisions of this Part, are exempt from any registration fee requirements, limitations on number of licenses and limitations on license area set forth under this Part:
A. 
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.
B. 
Real estate brokers who have been licensed by the Commonwealth of Pennsylvania.
C. 
Political candidates or campaign workers.
D. 
Persons under the age of 16 who take orders for and deliver newspapers, greeting cards, candy and the like, or who represent the Boy Scouts and Girl Scouts or similar organizations and take orders for and deliver cookies and the like.
2. 
Any persons, organizations or corporations that have received approval from Borough Council to conduct a special event within the Borough shall be responsible for any vendors participating within the boundaries of that event. The organizer of the event shall register each vendor with the Borough Manager or his/her designee and supply such information as required by § 13-1302 of this Part. Registered vendors will receive permission to operate a stand(s) for only the special event and will not be required to pay the registration fee required under this Subpart. No other vendors will be permitted within the boundary area of such event during the time period designated for the special event.
3. 
Existing businesses in the Borough may be permitted to sell merchandise in the area immediately adjacent to their business during designated special events, provided that such business complies with and conducts such sales in accordance with the vendors' responsibilities and guidelines applicable to such special event.
[Ord. 4-2013, 7/17/2013]
Any person licensed under this Part shall not occupy any fixed location upon any private property, street or alley of the Borough for the purpose of engaging in any business under this Part, with or without any stand or counter, except with the prior approval of the property owner or Borough. Notwithstanding any such prior approval, the Borough Police, Borough Manager or their authorized designee may require any licensee to abandon any location which is hazardous to traffic or passersby or which otherwise significantly obstructs the movement of traffic or passersby or otherwise upon the request of the owner of any location on which such person is situated.
[Ord. 4-2013, 7/17/2013]
1. 
Every license holder is responsible for trash removal and cleanup related to his/her operations and for maintaining an area within 15 feet of any stand free of all trash generated by the vending operations and for washing the sidewalk area occupied by any stand as necessary.
2. 
Every license holder must clean up and remove all trash, litter, garbage and refuse generated by his or her vending operation, provided that such trash, litter, garbage and refuse generated by the vending operation shall not be placed in any public receptacle or in any private property without permission of the property owner.
3. 
For transient vendors and local businesses not in a designated farmers' market district or SP Zoning District, permitted stands shall not exceed four feet in width, eight feet in length and eight feet in height. The definition of "permitted stand" includes all merchandise extensions and coverings.
4. 
For local businesses, permitted stands in a Special Planning Zone may only be located off of Borough property and shall not exceed 18 feet in length, eight feet in width, and 12 feet in height, including stands contained within a vehicle.
5. 
The size of permitted stands in any farmers' market district will be set by resolution of the Borough Council.
6. 
Any storage area for goods which are not on display should not be visible to the public.
7. 
Advertising or other signage may not be temporary paper/hand-lettered signage. Any sign shall be no more than six square feet and must be mounted on the stand. Items permitted on the sign shall include the name of the stand, a listing of items sold and the price thereof.
[Ord. 4-2013, 7/17/2013]
Public collection (bucket brigades) may be conducted in accordance with the provisions of § 13-1310.2 of this Part. Each person participating in the public collection shall prominently display the name of the organization or cause for which funds are being collected. No public collection will be permitted on Sunday. Only one nonprofit or charitable organization will be permitted to conduct a public collection on any permitted day or within any permitted time period.
[Ord. 4-2013, 7/17/2013]
Any person, firm or corporation violating any of the provisions of this Subpart shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with costs of prosecution. Each day that a violation continues after due notice shall be deemed a separate offense. The imposition of a penalty as provided herein shall be in addition to any other remedy available to the Borough, at law, in equity or under this Subpart.
[Ord. 5-2007, 3/21/2007]
Any person desiring to engage in or carry on the posting of bills and erection of signs for advertising purposes shall comply with the distribution and posting regulations in this Part.
[Ord. 5-2007, 3/21/2007]
1. 
No handbill or sample or other article for advertising purposes shall be cast, thrown or scattered or caused to be cast, thrown or scattered in or upon any of the streets, sidewalks or other public places of the Borough or in or upon any private yard, walkway, driveway or porch, but shall be delivered to the owner, occupant or other person then present in or upon such private premises. No handbill or sample or other article for advertising shall be delivered to any private premises if anyone thereon so requests or if there is placed on the premises, in a conspicuous position near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertising" or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
2. 
No bill shall be posted or sign erected on any lamppost, public utility pole, shade tree or any public building, property or structure, except as may be required by law.
3. 
Any bill or sign which is erected within the Borough shall be posted or erected for a maximum period of 10 days.
4. 
All such signs or bills posted or erected shall be tied on, and in no event shall any bill or sign having an adhesive backing be posted or erected on any surface.
[Ord. 5-2007, 3/21/2007]
Any person who violates or permits the violation of any provision of this Part shall, upon conviction thereof in a summary proceeding brought before a District Justice, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $50 and not more than $1,000, plus the costs of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this Part that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this Part is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $50 and not more than $1,000, plus the costs of prosecution, and, upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term not more than 30 days.