[HISTORY: Adopted by the Board of Commissioners of the Township
of North Versailles 11-15-1982 by Ord. No. 807 (Ch. 13, Part 5, of the
1987 Code of Ordinances). Amendments noted where applicable.]
When used in this chapter, the following terms shall have the
following meanings:
An organization which has been granted an exemption by the
United States Internal Revenue Service under Section 501(c) or Section
509(a) of the Internal Revenue Code,[1] or any other organization deemed to be charitable in nature
by the Township Board of Commissioners.
Any person:
Who goes from private house to house, conveying or transporting
goods, wares or merchandise, or offering or exposing the same for
sale or making sales or delivering articles, goods, wares or merchandise
to purchasers;
Who goes from private house to house, soliciting or attempting
to take orders from individuals for sale of goods, wares or merchandise,
including magazines, books, periodicals or personal property of any
nature whatsoever, for future delivery, or for service to be performed
at that time or in the future, whether or not such individual has,
carries or exposes for sale a sample of the subject of such order
or whether or not he is collecting advance payments on such orders;
Who goes from private house to private house soliciting donations
or money for themselves or for any organization for any purpose, whether
or not anything of value is given in return.
Any person who temporarily and for a short time hires, rents
or obtains a definite place of business, whether a storeroom or a
market stand, or a private residence, for the sale of goods, wares,
merchandise or to offer or expose the same for sale or for future
delivery and sale. ("Temporarily" and "short time" shall be construed
as three months or less.)
[1]
Editor's Note: See 26 U.S.C. §§ 501(c) and
509(a), respectively.
The terms of this chapter shall not be held to include the acts
of merchants or their employees or agents in delivering goods or services
in the regular course of business; nor shall it apply to any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products, or milk and milk products.
It shall be unlawful for any solicitor or transient merchant as defined in § 215-1 of this chapter to engage in any such business within the Township of North Versailles without first obtaining a license therefor in compliance with the provisions of this chapter.
A.
Applicants for a license under this chapter must file with the Police
Department of the Township an application, in writing, on a form to
be furnished by the Township, which will give the following information:
(1)
Name and physical description of applicant.
(2)
Complete permanent home and local address of the applicant and, in
the case of transient merchants, the local address from which proposed
sales will be made.
(3)
A brief description of the nature of the business and the goods to
be sold or the organization on behalf of which funds are solicited.
(4)
If employed, the name and address of the employer.
(5)
The source of supply of the goods or property proposed to be sold,
or orders taken for the sale thereof, and the proposed method of delivery.
(6)
Two recent photographs of the applicant, which shall be approximately
two inches, showing the head and shoulders of the applicant in a clear
and distinguishable manner.
(7)
A statement as to whether or not the applicant has been convicted
of any felony or crime involving moral turpitude.
(8)
Applications involving solicitation for a charitable institution
shall be accompanied by a copy of the grant of exemption issued by
the Internal Revenue Service.
B.
This application completed as to all matters inquired of shall be
turned over to the Police Department of the Township, together with
the initial fee to cover the expenses of investigation, payable to
the Township of North Versailles, said fee to be established by resolution
of the Board of Commissioners.
A.
Upon receipt of each application, it shall be immediately reviewed
by the Police Department for accuracy.
B.
If as a result of such review, the application is found to be true,
the Chief of Police or his designee shall endorse on the application
his approval and return the application to the Township Secretary
or designee, who shall, upon payment of the prescribed initial license
fee, deliver to the applicant his or her license within 24 hours after
payment of the fee, provided that no license shall be issued to any
convicted felon or person convicted of a crime involving moral turpitude.
C.
Such license shall contain the signature of the issuing officer,
and shall show the name, address and photograph of said licensee,
the class of license issued and the kind of goods or organization
involved, the amount of fee paid, the date of issuance and the expiration
date, as well as the license number and other identifying description
of any vehicle used in such licensed business. Each solicitor or transient
merchant must secure an individual license. No license shall be used
at any time by any person other than the one to whom it is issued.
The Township Secretary shall keep a permanent record of all licenses
issued and those rejected.
Solicitors for charitable organizations shall comply with the
provisions of this chapter, but no application or license fee shall
be charged.
Every applicant for a license as a solicitor or transient merchant
under this chapter shall pay a license fee as established by resolution
of the Board of Commissioners. Said fees are hereby established at
$25 per person per day. In the alternative, an applicant may purchase
a license for three-month period for $100.
A.
No licensee shall solicit at private residences on Sunday, nor before
9:00 a.m. or after 5:00 p.m., prevailing time, on weekdays.
B.
No licensee shall solicit at any private residence exhibiting a sign
reading "No Solicitors" or words of the same meaning.
C.
Residents may erect "No Solicitors" or similar signs not to exceed
120 square inches in size, which for the purposes of this chapter
shall be conspicuously displayed near their entrance walk or doorway.
D.
Solicitors may solicit at business properties in the Township during
all business hours; and may solicit in Township streets and other
public places from 9:00 a.m., prevailing time, to sunset; provided
that such solicitors obtain a license as required by this chapter
and that they shall be subject to all the other provisions of this
chapter.
Licensees shall exhibit their license at the request of any
resident or police officer.
A.
Licenses issued under the provisions of this chapter may be revoked
by the Chief of Police or his designee with respect to such persons,
after notice and opportunity for a hearing, for any of the following
causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or transient merchant.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral turpitude.
(5)
Conducting solicitation or business in an unlawful manner or in such
a manner as to constitute a breach of peace.
(6)
Refusing to leave premises when asked to do so by the occupant.
B.
Notice of the revocation of a license shall be given in writing setting
forth specifically the grounds of complaint and the opportunity for
a hearing. Such notice shall be transmitted by certified mail, postage
prepaid, to the permittee at his last known address.
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in § 215-5 of this chapter, or in the action of the revocation provided in § 215-10 of this chapter, shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. Hearings shall be governed by the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq.
and 751 et seq.
All permits expire on the date specified in the permit.
[Amended 11-16-1987 by Ord. No. 857; 8-15-1988 by Ord. No. 867]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and/or to imprisonment for a term not
to exceed 30 days.
