Township of Wilkins, PA
Allegheny County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Wilkins 8-9-1982 by Ord. No. 693. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 110.
Parks and recreation areas — See Ch. 117.

§ 121-1 Definitions.

When used in this chapter, the following terms shall have the following meanings:
CHARITABLE ORGANIZATION
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.
SOLICITOR
Includes any person:
A. 
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.
B. 
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/she is collecting advance payments on such orders.
C. 
Who goes from private house to private house soliciting donations or money for himself or for any organization for any purpose, whether or not anything of value is given in return.
TRANSIENT MERCHANT
Includes 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 or 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.

§ 121-2 Exemptions.

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.

§ 121-3 License required.

It shall be unlawful for any solicitor or transient merchant as defined in § 121-1 of this chapter to engage in any such business within the Township of Wilkins without first obtaining a license therefor in compliance with the provisions of this chapter.

§ 121-4 Application.

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) 
The name and a physical description of the applicant.
(2) 
The 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 and the kind of building or structure in or under which the business is or will be conducted.
[Amended 9-29-2014 by Ord. No. 1044]
(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) 
Criminal history.
[Amended 3-27-1995 by Ord. No. 872]
(a) 
A report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police central repository that it contains no such information relating to the applicant. Such criminal history record information shall be limited to that which is disseminated pursuant to 18 pa.C.S.A. § 9121(b)(2) (relating to general regulations) and shall be no more than 180 days old. The original report or statement of the State Police shall be copied and returned to the applicant, if requested.
(b) 
Where the applicant is not a resident of the commonwealth, the applicant shall submit with the application a report of federal criminal history record information pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544, 86 Stat. 1115, and the township shall be the intermediary for the purposes of this section.
(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.
(9) 
Applications by transient merchants shall be accompanied by written permission detailing the use authorized and signed by all registered owners of real estate (or signed by attorneys-in-fact) on which the transient merchant intends to conduct business. If attorneys-in-fact are involved, a copy of the power of attorney must be filed with the application.
[Added 5-13-1991 by Ord. No. 810]
(10) 
The term or period for which the business shall be conducted, which in no case shall be greater than three months.
[Added 9-29-2014 by Ord. No. 1044]
(11) 
A letter from the owner or lessee of an establishment in the vicinity of the premises from which the transient business will be conducted stating that all persons who will be engaged in the transient business will be permitted to use sanitary facilities of that establishment. Such a letter will not be necessary in those cases where adequate sanitary facilities exist on those premises from which the transient’s business will be conducted. In either case, a certification of the Code Enforcement Inspector must be obtained to ensure that such proper sanitary facilities either exist or are available to all persons engaged in the transient business.
[Added 9-29-2014 by Ord. No. 1044]
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 Wilkins, said fee to be established by resolution of the Board of Commissioners.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Township Secretary.
C. 
The applicant for a transient business license shall be required to apply for an occupancy permit for the use and occupancy of the ground or building or premises where or upon which such business is conducted or operated. Such occupancy permit shall be similar to that provided for in Chapter 124, Property Maintenance.
[Added 9-29-2014 by Ord. No. 1044]
D. 
The applicant for a transient business license shall be required to obtain certification of the Tax Collector that a mercantile tax license has been issued to him.
[Added 9-29-2014 by Ord. No. 1044]
E. 
The Township, by its duly authorized agent, shall have the right, power and authority to make periodic inspections at reasonable times during business hours to determine conditions regarding matters of health, sanitation, fire safety and the protection of persons and property and for such purposes as he is authorized and directed to enter upon any such business premises without liability of trespassing upon said property while engaged in and acting within the course and scope of his duties.
[Added 9-29-2014 by Ord. No. 1044]

§ 121-5 Investigation and issuance of license.

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 designate shall endorse on the application his approval and return the application to the Township Secretary or designate 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.
[Amended 3-27-1995 by Ord. No. 872]
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.
D. 
No person subject to this chapter shall be issued a license when the report of criminal history record information indicates that the applicant has been convicted of a felony, serious misdemeanor or crime involving moral turpitude or an out-of-state or federal offense similar in nature to crimes, designated felonies or serious misdemeanors under Pennsylvania law.
[Added 3-27-1995 by Ord. No. 872]
E. 
The criminal history record information obtained pursuant to this chapter shall be retained in the office of the Police Chief of the township and shall be confidential.
[Added 3-27-1995 by Ord. No. 872]

§ 121-6 Charitable organization fee exemption.

Solicitors for charitable organizations shall comply with the provisions of this chapter, but no application or license fee shall be charged.

§ 121-7 Fees.

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.[1]
[1]
Editor's Note: The current fee resolution is on file in the office of the Township Secretary.

§ 121-8 Application to business and public places; restrictions on time and place.

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 they shall be subject to all the other provisions of this chapter.

§ 121-9 Exhibition of license.

Licensees shall exhibit their license at the request of any resident or police officer.

§ 121-10 Revocation of permit; notice of hearing.

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 a felony, serious misdemeanor or crime involving moral turpitude or an out-of-state or federal offense similar in nature to crimes, designated felonies or serious misdemeanors under Pennsylvania law.
[Amended 3-27-1995 by Ord. No. 872]
(5) 
Conducting solicitation or business in an unlawful manner or in such a manner as to constitute a breach of the peace.
(6) 
Refusing to leave the 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.

§ 121-11 Appeals.

Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided § 121-5 of this chapter or in the action of the revocation provided in § 121-10 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. §§ 105, 551 et seq. and 751 et seq.

§ 121-12 Expiration of permit.

All permits expire on the date specified in the permit.

§ 121-13 Violations and penalties. [1]

Any person, firm or corporation that shall violate any of the provisions of this chapter shall forfeit and pay to the township for each and every separate offense a sum of not more than $1,000 to be used for and recovered as other fines and penalties are now by law recoverable, and, in default of payment of the fine and costs of prosecution, shall be committed to the county jail for a period not exceeding 30 days.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.