Township of Easttown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-18-1954 by Ord. No. 19]

§ 313-1 License required.

[Amended 10-21-1957 by Ord. No. 36]
From and after the enactment hereof, it shall be unlawful for any person, not exempted by § 313-6 hereof, who is not the holder of a valid and unexpired license issued pursuant to this article to engage in selling, purchasing, or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description or in soliciting contributions, gifts or pledges of money or any other thing of value or to engage in making surveys or distributing samples by visitation to private homes or residences or on the public streets or highways of Easttown Township.

§ 313-2 Application for license; fee; renewal.

[Amended 10-21-1957 by Ord. No. 36]
A. 
Any person, not exempted by § 313-6 hereof, desiring to obtain a license to engage in the activities described in § 313-1 hereof shall make application therefor, in person, to the Township Secretary. The applicant shall supply, over his signature, the following information:
(1) 
His true name;
(2) 
His place and date of birth;
(3) 
His temporary address;
(4) 
His residence address;
(5) 
The address at which he will receive notices under this article;
(6) 
The name and address of his employer or principal, if any, and the nature of the business activity thereof;
(7) 
The nature of the business or activity in which the applicant wishes to engage within the Township; and
(8) 
A true statement as to whether the applicant has been convicted in any jurisdiction of any crime, other than of minor traffic violations, and, if so, of what crime or crimes.
B. 
The applicant shall, together with his application, submit to the Township Secretary his photograph, the fingerprints of his two hands, and a written description of himself, all recorded by the Easttown Township Police, and shall pay a fee, in an amount determined by resolution of the Board of Supervisors, to defray the cost of administering this article.
[Amended 6-1-1970 by Ord. No. 106[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Upon submission of said application and supporting evidence of identification and the payment of fee as aforesaid, there shall be issued to the applicant a license in the form of a card, which shall, unless revoked, entitle the licensee to engage in the activities described in § 313-1 hereof for a period of one year from the date of issuance.
D. 
Licenses may be renewed annually, upon payment of the fee hereinabove provided for and amendment of the original application to reflect any changes necessary in the information therein contained.

§ 313-3 Rules of conduct.

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 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. 
He shall not permit any other person to have possession of his license card and shall immediately report its loss to the Township Secretary. He shall not cause or permit his license card to be altered or defaced.
C. 
He shall not enter, or attempt to enter, any dwelling house without 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 or services or of the goods or services of his principal or employer.
E. 
He shall immediately surrender his license card upon revocation of his license as hereinafter provided.

§ 313-4 Revocation of license.

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 § 313-3 hereof or upon ascertainment that the licensee has made any false statement in his application for license hereunder. Notice of revocation shall be given by written notice personally served or sent by registered mail to the address designated for this purpose in the application for license.

§ 313-5 Hearings.

Any person whose license has been revoked shall be entitled to appear, with counsel, if he so desires, before the Board of Supervisors at a regular or special meeting and be heard on behalf of a request for reinstatement of his license.

§ 313-6 Exemptions.

The following persons are exempted from the licensing requirements of this article:
A. 
Persons soliciting contributions on behalf of organizations or nonprofit corporations exempted from the provisions of, or duly registered pursuant to, the Solicitation of Funds for Charitable Purposes Act, 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.
C. 
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 313-1 hereof, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
D. 
Authorized persons carrying satisfactory identification engaged in making surveys or collecting information for the federal, state, county or Easttown Township government, or any agency thereof. Also exempt shall be authorized persons carrying satisfactory identification engaged in making surveys or collecting information for any bona fide educational or quasi-governmental agency, if such activity has previously been approved by the Board of Supervisors.
[Added 10-21-1957 by Ord. No. 36]

§ 313-7 Violations and penalties.

[Amended 10-7-1996 by Ord. No. 293-96[1]]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 11-5-2001 by Ord. No. 333-01]

§ 313-8 Definitions; word usage.

A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
TRANSIENT RETAIL BUSINESS
Engaging in peddling, soliciting, or taking orders, either by sample or otherwise, for any goods, wares, or merchandise from house to house within the Township of Easttown.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.

§ 313-9 License required; fee. [1]

No person shall engage in any transient retail business within Easttown Township without first having obtained from the Chief of Police or his designee a license, for which a fee, which shall be for the use of Easttown Township, shall be charged in an amount determined by resolution of the Board of Supervisors.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 313-10 Exceptions.

A. 
No license fee shall be charged:
(1) 
To children under the age of 18 years who take orders for newspapers, greeting cards, candy, bakery products, and the like, or who represent the Boy Scouts or Girl Scouts or similar organizations;
(2) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
(3) 
To any person who has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, Act of December 19, 1990, P.L. 1200, No. 202, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, provided that compliance with or exemption from the Act is demonstrated to the Township prior to the commencement of any activities which are the subject of this article.
B. 
All persons exempted hereby from the payment of the license fee shall be required to register with the Chief of Police or designee and obtain a license without fee, provided any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares, or merchandise not so exempted shall be subject to the payment of the license fee fixed by this article for his activity in connection with the sale of goods, wares and merchandise not in such exempted categories; provided, further, that the Chief of Police or designee may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation; provided, further, that every license issued under the provisions of this article shall be issued on an individual basis to any person or persons engaging in such business; every individual shall obtain a separate license, issued to him in his name, and the license fee hereby imposed shall be applicable to every such individual license, except that a representative of a charitable organization may obtain licenses for the applicants therein.

§ 313-11 Application for license.

A. 
Every person desiring a license under this article shall first make application to the Chief of Police or designee for such license. He shall, when making such application, exhibit a valid license from any state or county officer, if such license is also required. The application shall supply, over his or her signature, the following:
(1) 
True name;
(2) 
Social security or tax identification number;
(3) 
Place and date of birth;
(4) 
Temporary address;
(5) 
Residence address;
(6) 
The address at which he/she will receive notices under this article;
(7) 
The name and address of his/her employer or principal, if any, and the nature of the business activity thereof;
(8) 
The name, address and driver's license numbers (if applicable) of everyone who will engage in soliciting if said permit is issued;
(9) 
The nature of business or activity in which the applicant wishes to engage within the Township; and
(10) 
A true statement as to whether the applicant has been convicted in any jurisdiction of any crime, other than minor traffic violations, and, if so, what crime or crimes and the date or dates of conviction.
B. 
In addition, the applicant is required to supply a current photograph and fingerprints.

§ 313-12 Issuance of license; custody, display and exhibit.

[Amended 12-15-2014 by Ord. No. 424-14]
Upon receipt of such application and the prescribed fee, the Chief of Police or designee shall have five working days to review and verify the information provided. If thereafter he shall find such application in order, he shall issue the license required under this article. Such license shall contain at least the following information: licensee's name, date of birth, name, address and phone number of employer, nature of business activity for which the license was obtained, and a photograph of the licensee affixed to the license form as prescribed by the Township. Every license holder shall display such license upon his person while engaged in transient retail business from house to house. He shall exhibit such license, upon request, to all police officers, Township officials and citizens or residents of Easttown Township. The license or other evidence of such license shall be issued to the applicant in such size or form as to be suitable for wearing by the licensee. The licensee shall wear such license in a conspicuous place during the period of solicitation and during the period of activity covered by this article.

§ 313-13 Prohibited acts.

No person involved in any transient retail business shall:
A. 
Sell any product or type of product not listed on his license application;
B. 
Park any vehicle upon any of the streets or alleys in Easttown Township for the purpose of sorting, rearranging, or selling goods from the vehicle or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsellable through handling, age, or otherwise;
C. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 7:00 p.m. on any day of the week other than a Sunday or legal holiday.

§ 313-14 Records.

The Chief of Police or designee shall keep a record of all licenses issued hereunder.

§ 313-15 Suspension and revocation of license; appeals.

The Chief of Police or designee is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation to be beneficial to the public health, safety, or morals, for violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to Easttown Township at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.

§ 313-16 Violations and penalties. [1]

Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).