[HISTORY: Adopted by the Board of Supervisors of the Township of East Bradford 5-11-1972 by Ord. No. 24; amended in its entirety 1-11-1994 by Ord. No. 152-1994. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Curfew — See Ch. 49.
No person, association, partnership, firm or corporation shall, either directly or indirectly, sell goods, wares, merchandise, magazines, periodicals, foods or other personal property by hawking, peddling or soliciting for contributions in East Bradford Township without first having registered with the Township Manager and obtained a license from the township.
A. 
Any person desiring to engage in hawking, peddling or soliciting shall submit a written application to the Township Manager on a form to be furnished by the township, accompanied by two photographs (two inches by three inches minimum, three inches by four inches maximum, head and shoulders) of himself, taken within six months prior to the date of the application. Two forms of identification must be presented, one being a photo identification.
B. 
The applicant must state in such written application his name, age, birth date, sex, social security identification number, home address, home telephone number, business address, telephone number, the name, address and Pennsylvania sales tax identification number of the employer or organization, if any, and/or federal tax identification number, for which he desires to undertake the activities which require this license, the length of time he wishes to engage in this work, the make and type of vehicle, if any, he will use, its registration number, his driver registration number, a certificate of automobile liability coverage and whether he has ever been convicted of a felony, misdemeanor or a crime of any kind and the jurisdiction in which such offense occurred.
C. 
A letter of introduction must be included from the employer or organization, on his letterhead (no copies), stating the name of the person representing his company who is applying for the license, the product(s), services or group that he will be representing and any guaranties that will be represented.
D. 
In addition thereto, the application shall contain the signature of the employer as well as of the 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 East Bradford Township, in violation of law or otherwise.
E. 
A license will not be issued to any person who has been convicted of a felony, misdemeanor or a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in hawking, peddling or soliciting in the township.
F. 
A license will be valid for six months from the date on which it is issued. Such card may not be transferred from one person to another and shall be considered a personal license. A license may be renewed upon payment of the fee herein provided for and amendment of the original application to reflect any changes necessary in the information.
G. 
Every person engaged in hawking, peddling and soliciting in East Bradford Township shall pay a registration fee in accordance with a fee schedule adopted by the Board of Supervisors.
[Amended 9-13-2011 by Ord. No. 3-2011]
H. 
The Township Manager shall be informed, in writing, of any change in such information supplied as aforesaid during the period for which such license has been issued.
Every person to whom a license has been issued herein shall, in the conduct of his activity, comply with the following standards of conduct:
A. 
He shall carry his license card at all times and exhibit it upon request to any police officer or representative of the township and to any person upon whom he shall call or with whom he shall talk.
B. 
He shall not permit any other person to have possession of his license card and shall immediately report its loss to the Township Manager. 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, residence or apartment without invitation or permission of the occupant and shall immediately leave any premises upon request to do so.
D. 
He shall not represent his license card to be an endorsement by the township of himself or of his goods or services or the goods or services of his principal or employer.
E. 
He shall immediately surrender his license card to the Township Manager upon revocation or expiration thereof.
F. 
He shall not conduct any business except between the hours of 9:00 a.m. and 8:30 p.m., prevailing time, Monday through Saturday, inclusive, and 12:00 noon to 6:00 p.m., prevailing time, Sunday. Such activities at any other time are hereby expressly declared unlawful.
A. 
Promptly upon receiving any application for a license for hawking, peddling or soliciting within the township, the Township Manager shall cause such application and applicant to be investigated by the Police Department. In the event that such investigation should indicate that the applicant has been convicted of a crime in any jurisdiction within the past 25 years, the Township Manager shall have and is hereby given the power and authority to refuse to issue such permit. In any instance where the Chief of Police should deem it necessary or advisable to secure and check the fingerprints of any such applicant, refusal of such applicant to voluntarily furnish such fingerprints shall constitute, in and of itself, sufficient and valid grounds for refusal to issue such permit.
B. 
For approved applicants, the Township Manager will issue a license card, to which one of the applicant's photographs will be affixed, to the applicant within 15 days from the filing of the application.
C. 
Permit applications shall be processed as quickly as practical and shall either be granted or denied within 15 days of receipt of the application.
Any license hereafter issued may be revoked by the Board of Supervisors or Township Manager if the license holder fails to comply with the standards of conduct contained in § 62-3 hereof or following a determination that the holder has made a false statement in his application.
Any person whose license has been revoked shall be entitled to appear, with counsel, if he so desires, before the Board of Supervisors at the next regular or special meeting and be heard in behalf of a request for reinstatement. The Board of Supervisors shall hear the appellant at that time if the appellant has given the Supervisors at least five days' notice of his desire for a hearing. Otherwise, the Supervisors may hear the appellant at that time or may decline to hear the appellant at that time, in which case it shall schedule a hearing within 20 days.
This chapter shall not apply to boys or girls under the age of 16 years 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.
Any person licensed under this chapter or exempt under § 62-6 hereof shall not occupy any fixed location upon any private property, street or alley of the township for the purpose of engaging in the business aforesaid, with or without any stand or counter, except with the prior approval of the property owner and township. Notwithstanding any such prior approval, the police, Township Manager or their authorized designee may require any such licensee to abandon any location which is hazardous to traffic or passerby 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 situate.
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Includes both male and female; the plural as well as the singular; and partnerships, corporations, joint ventures or any entity whatsoever.
[Amended 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997[1]]
Any person violating or permitting the violation of any of the provisions of this chapter shall, upon being found liable therefor in a criminal enforcement proceeding, pay a fine of not more than $1,000 nor less than $25, together with court costs and reasonable attorneys fees, and may be incarcerated for a period not exceeding 90 days. Such fine, costs, attorney fees and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the township pursuant to the applicable rules of criminal procedure. Each day of violation shall constitute a separate violation.
[1]
Editor's Note: This ordinance further provided that "the term 'reasonable attorneys fees' shall mean all those attorneys fees incurred by the township in bringing an action to enforce the Code and collect fines and penalties in connection therewith and shall be at that hourly rate annually approved by the Board for the Township Solicitor."