[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 4-4-2013 by Ord. No. 555. Amendments noted where applicable.]
This chapter shall be known as the "Peddling and Soliciting
Ordinance."
A.Â
PEDDLING
(1)Â
(2)Â
(3)Â
SOLICITING
PEDDLER
SOLICITOR
PERSON
STREET
As used in this article, the following terms shall have the meanings
indicated:
To sell, to offer for sale, to solicit or to take orders,
either by sample or otherwise, for any goods, wares, services or merchandise,
upon any of the streets in the Borough of Kenhorst; provided, the
word "peddling" shall not apply to:
Farmers selling their own produce;
The sale of goods, wares and merchandise, donated by the owners
thereof, the proceeds whereof shall be applied to any charitable or
philanthropic purpose (but in no event to an organization which seeks
to affect legislation); or
Any manufacturer or producer in the sale of bread and bakery
products, meat and meat products or milk and milk products.
Engaging in the soliciting of any money or gift of any goods,
wares, merchandise, services or other articles of value, upon any
of the streets in the Borough of Kenhorst, or from door to door within
the Borough of Kenhorst, whether or not accompanied by the dissemination
of information.
Any person who shall engage in peddling, as defined above.
Any person who shall engage in soliciting, as defined above.
Any individual, joint venture, association, partnership,
trust, corporation or other legal entity.
Any street, road, highway or alley and shall include the
sidewalk within the lines of or alongside of the same.
B.Â
The terms
"permit" and "license" and "permittee" and "licensee" can be used
interchangeably.
C.Â
In this chapter, the singular shall include the plural, and the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
A.Â
On or after the effective date of this chapter, no person shall engage
in peddling or in soliciting in the Borough of Kenhorst without first
having obtained a permit to so peddle or solicit, respectively, as
more fully set forth in this chapter.
B.Â
On or after the effective date of this chapter, the Borough of Kenhorst
and Kenhorst Volunteer Fire Company #1 are required to obtain a permit
to peddle or solicit, but are exempt from all other provisions of
this chapter.
Every person desiring a permit to engage in peddling or in soliciting
within the Borough of Kenhorst shall make separate application therefor
to the Borough Secretary. If such person shall also be required to
obtain a license or permit from any county officer, he shall, when
making such application, exhibit a valid county license to the Borough
Secretary. Further, if any such person shall be required to register
with the Commonwealth of Pennsylvania in connection with soliciting
for any charitable organization, he shall, when making such application,
exhibit evidence of such commonwealth registration. Upon such application,
such person shall give his name; address; his criminal record, if
any; the name of the person for whom he works; the nature of the goods,
wares, services and/or merchandise that he intends to peddle or the
use to which funds solicited shall be put; the period of time he intends
to peddle or solicit; the type of vehicle that he uses, if any, and
the license number thereof; the place where he was engaged in peddling
or soliciting immediately prior to his making such application, if
any; and the place where he intends to go after the completion of
his peddling or soliciting in the Borough of Kenhorst. Notwithstanding
anything herein stated to the contrary, each individual intending
to peddle or solicit for or on behalf of any other legal entity shall
make personal application for such license, which individual license
shall be required for each individual to engage in peddling or soliciting
in the Borough of Kenhorst. No license issued under this chapter shall
be transferable from one person to another person.
Before issuing a peddler's license or a solicitor's
license, the Borough Secretary, or his/her duly authorized agent,
in the sole discretion of said Secretary or agent, may require an
investigation of the applicant to obtain sufficient proof that the
applicant is of good business and/or moral character and/or to confirm
the accuracy of representation made in each such application. By submitting
an application for a peddler's license or a solicitor's
license, the applicant agrees to await a reasonable amount of time
for such investigation, which investigation may take no more than
10 days from the date of application. If, as a result of such investigation,
the applicant's business or moral character is found to be unsatisfactory
or any representation is found to be false or misleading, the Borough
Secretary, or his/her duly authorized agent, shall notify the applicant
that such application has been disapproved and that no license shall
be issued.
The Borough of Kenhorst shall not discriminate in the granting
of licenses, as long as the applicant abides by all regulations and
requirements set forth in this chapter, on the basis of sex, national
origin, race or religion.
No permit shall be issued under this chapter until the fee therefor,
which shall be for the use of the Borough of Kenhorst, shall have
been paid to the Borough Secretary by the applicant for such license.
A.Â
The fee for such commercial/for-profit license shall be $100 for
each person who will be soliciting/peddling within the Borough, regardless
of whether more than one person represents a company/entity. Said
fee is established by the Borough of Kenhorst and may be amended from
time to time for commercial/for-profit entities.
B.Â
The fee for such charitable/nonprofit license shall be $25 for each
person who will be soliciting/peddling within the Borough, regardless
of whether more than one person represents a company/entity or as
set by the Borough of Kenhorst from time to time for nonprofit/charitable
entities.
C.Â
The permit fees may be waived at the sole discretion of Borough Council.
Any permit issued pursuant to this chapter shall be valid for
a period of one day/24 hours from the date thereof. It shall be a
privilege of the licensed person to conduct such business or activity
as permitted by the license, and no such license shall confer any
property right up on the licensed person. Any license issued hereunder
may be suspended at any time, upon written charge presented to the
Borough Secretary, alleging that the licensee has committed any violation
of this chapter; has given any false or misleading information in
connection with any application for such license; or has committed
any violation of any other law, order, statute, regulation or rule
in connection with licensed business or activity. Any license may
appeal from such act of revocation to the Borough Council of the Borough
of Kenhorst at the next regular meeting thereof. No license fee or
portion thereof shall be refunded in the case of revocation.
In addition to any other regulation in connection with a peddler's
license or a solicitor's license contained herein or otherwise,
the following restrictions shall apply:
A.Â
Peddlers. No peddler having received a peddler's license under
this chapter shall peddle in the Borough of Kenhorst at any time on
Sunday or at any time on Monday through Saturday between the hours
of 4:00 p.m. and 9:00 a.m., prevailing time. No peddler, having received
a peddler's license under this chapter, shall peddle at any premises
within the Borough of Kenhorst if, at any primary entrance to such
premises, there is posted at the time such peddler enters upon the
premises, a notice which states "NO PEDDLERS OR SOLICITORS INVITED."
If such notice is posted, the peddler, whether licensed hereunder
or not, shall immediately and peacefully depart from the premises.
Any peddler, whether licensed hereunder or not, who was gained entrance
to any premises, whether invited or not, shall immediately and peacefully
depart from the premises when requested to do so by the occupant thereof.
No peddler shall occupy any fixed location upon any of the streets
or public places in the Borough of Kenhorst for the purpose of peddling.
B.Â
Solicitors. No solicitor, having received a solicitor's license
hereunder, shall solicit in any premises within the Borough of Kenhorst
in the Borough of Kenhorst at any time on Sunday or at any time on
Monday through Saturday between the hours of 4:00 p.m. and 9:00 a.m.,
prevailing time. No solicitor, having received a solicitor's
license hereunder, shall solicit in any premises within the Borough
of Kenhorst in the Borough of Kenhorst if, at any primary entrance
to such premises, there is posted at the time such solicitor enters
upon such premises a notice which states "NO PEDDLERS OR SOLICITORS
INVITED." If such notice is posted, the solicitor, whether licensed
hereunder or not, shall immediately and peacefully depart from the
premises. Any solicitor, whether licensed hereunder or not, who has
gained entrance to any premises, whether invited or not, shall immediately
and peacefully depart from the premises when requested to do so from
the occupant there.
Any person owning or occupying any building or portion thereof
within the Borough of Kenhorst, Berks County, Pennsylvania, who desires
to secure the protection under the notice regulations contained in
this chapter shall comply with the following requirements:
A.Â
Such individual shall post at a primary entrance to such premises
a notice which states "NO PEDDLERS OR SOLICITORS INVITED."
B.Â
Such notices shall be in block letters at least one inch in height
and shall be provided by the Borough of Kenhorst to persons requesting
them, at the cost thereof.
C.Â
Such notice so exhibited shall constitute sufficient notice to any
peddler or solicitor, whether registered under this chapter or not,
of the determination by the occupant or owner of such premises of
the information contained on such notice.
A.Â
Any person or persons violating any of the provisions of this article shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code. Each such day that a violation continues shall constitute a separate offense. All fines shall be paid to the Borough of Kenhorst for its general use.[1]
B.Â
Notwithstanding anything herein to the contrary, any suit for financial
penalty brought by or on behalf of the Borough of Kenhorst against
a person under this chapter shall in no way constitute an election
of remedies, and the Borough of Kenhorst, and any other person having
a cause of action against such person, shall be entitled to pursue
any such remedies against such person as provided by law or in equity.
