[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown 1-15-2018 by Ord. No. 433-18. Amendments noted where applicable.]
Editor’s Note: This ordinance also repealed former Ch. 313, Peddling and Soliciting, consisting of Article I, Licensing of Peddlers and Solicitors, adopted 10-18-1954 by Ord. No. 19, as amended, and Article II, Transient Retail Businesses, adopted 11-5-2001 by Ord. No. 333-01, as amended.
This chapter is intended to regulate soliciting and peddling in the Township to ensure the public health, safety and welfare; to protect against criminal activities, such as fraud and burglary; and to minimize disruption and disturbance to residents.
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- AGGRESSIVE SOLICITING OR PEDDLING
- Peddling or soliciting, after a person being solicited has made a negative response, in a manner that is: 1) likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in a person's possession or in or about the residence; 2) intend to or is likely to intimidate the person into responding affirmatively to the peddling or soliciting activity; 3) to refuse to display a license to the person being solicited; or 4) to refuse to leave the premises upon being told to do so by the owner, tenant, occupant or person in control of the property.
- Any goods, wares, foodstuffs, merchandise or services offered for sale, whether or not displayed.
- LEGAL HOLIDAY
- New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas.
- Any person who goes upon the premises of any private residence in the Township, not having been invited by the occupant thereof, or any person who goes upon the Township streets, sidewalks or other public place, carrying or transporting goods, wares, merchandise, personal property or services of any nature or offering the same for sale.
- All activities ordinarily performed by a peddler as indicated under the definition of "peddler" herein.
- Any natural person, partnership, association, corporation, or other legal entity.
- All activities ordinarily performed by a solicitor as indicated under the definition of "solicitor" herein.
- Any person who goes upon the premises of any private residence in the Township, not having been invited by the occupant thereof, or any person who goes upon any Township street, sidewalk, or other public place, for the purpose of offering, taking or attempting to take orders for the sale of goods, merchandise, wares or other personal property of any nature for future delivery or for services to be performed in the future, or for the solicitation of support or donations where said support or donation is unsolicited by the person or entity being solicited.
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.
No person shall engage in peddling or soliciting within the Township without first having obtained from the Chief of Police or designee a license, including any application fee or related fees, in an amount set by resolution of the Board of Supervisors.
The following persons, although subject to all other provisions of this chapter, are exempt from the license and application requirements when engaging in the activities described herein:
Persons engaged in religious proselytizing, political speech or the distribution of handbills.
Persons soliciting information when such information is pursuant to a legislative mandate, such as a census.
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.
Persons who have complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, as amended, 10 P.S. § 162.1 et seq.
Persons engaged in the sale of goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
Farmers selling their own produce.
Manufacturers or producers of bread or bakery products, meats or meat products, or milk or milk products.
Insurance agents or brokers, real estate brokers, securities brokers licensed by the Commonwealth of Pennsylvania, who are engaged in the selling or taking or orders.
Drug retail salespersons calling upon physicians, pharmacists, veterinarians or hospitals.
Every person desiring a license under this chapter shall file an application with the Chief of Police or designee prior to commencing soliciting or peddling activities. The application shall include, at a minimum, the following:
The applicant's full name, date of birth, local address, permanent address, telephone number, and proof of identification.
The name, address, telephone number and Tax ID of the applicant's employer or principal.
The nature of business or activity in which the applicant wishes to engage in within the Township and a description of the goods to be sold or the service to be performed.
The days of the week and hours the applicant wishes to engage in such activity.
If a vehicle is to be utilized, a description of the vehicle, the vehicle license number and expiration date, and operator's driver's license number and expiration date.
A current photograph of the applicant.
An authorization from the applicant's employer or principal, which shall contain an agreement on the part of the employer or principal, in consideration for issuance of the license, to become liable for any and all acts of the applicant, while in the Township.
A statement whether or not the applicant has been convicted of a felony, misdemeanor or local law violation (other than a traffic violation), the nature of the offense or violation, the penalty or punishment imposed, the date and place of the offense and other pertinent details.
Proof of possession of any license or permit which the applicant is required to have under federal, state, county or other local law in order to conduct the proposed peddling or soliciting.
An acknowledgement that the applicant is aware of and understands the regulations set forth in this chapter.
If the applicant intends to utilize assistants, all applicable information shall also be supplied for each assistant, and each assistant will be required to obtain his/her own license.
Licenses are not transferable to any other person or entity.
Upon receipt of such application and the prescribed fee, the Chief of Police or designee shall have five business days to review and verify the information provided.
If Chief of Police or designee finds such application in order, he shall issue the license to the applicant.
The Chief of Police or designee may deny a license if: 1) the application is incomplete; 2) the information provides a reasonable basis for determining that the public health, safety and welfare will be threatened by the issuance of the license to the applicant; 3) if there are misrepresentations in the application; 4) if any fraud or deceit is identified in the application; 5) prior failure to comply with any law concerning soliciting, peddling or consumer sale; or 6) the sale or offering for sale of illegal merchandise or services is proposed.
Every license holder shall carry and display the license upon his person while engaged in peddling or soliciting within the Township. The license holder shall exhibit such license, upon request, to all police officers, Township officials and citizens or residents of the Township.
The license shall be valid of a period of six months from the date of issuance.
No person involved in peddling or soliciting shall:
Sell any good or service not listed on the license application.
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.
Enter or attempt to enter any dwelling or otherwise remain upon any private property without the invitation or permission of the occupant or owner or fail to immediately leave any premises upon the request of the occupant or owner.
Knock, ring the doorbell, or otherwise attempt to gain the attention of the occupants of a residence where the property is posted at the primary entrance to the premises or at the entry to the principal building on the premises with a sign bearing the words, "No Peddlers," "No Solicitors," or similar words.
Engage in aggressive soliciting or peddling.
The Chief of Police or designee shall keep a record of all licenses issued hereunder.
The Chief of Police or designee is hereby authorized to suspend or revoke any license if the holder fails to comply with the standards of conduct or responsibilities set forth in this chapter. A license may also be suspended or revoked upon the basis of:
Fraud, misrepresentation or false statements in the license application;
Fraud, misrepresentation or false statements by the licensee in the course of peddling or soliciting;
Peddling or soliciting in violation of this chapter or in a manner that violates federal, state or local law or regulations or the terms of any other license involved in the peddling or soliciting;
Conviction of a crime involving moral turpitude; or
Peddling or soliciting in a manner as to create a public nuisance, a breach of peace, or endanger the health, safety or general welfare of the public.
Appeals from any denial, suspension or revocation of a license may be made to the Township's Board of Supervisor within 10 days after such denial, suspension, or revocation. All appeals shall be in writing and shall be heard by the Board of Supervisors at a regular meeting scheduled more than five days after receipt of the appeal.
Following the appellant's presentation of his position, the Board of Supervisors may decide to reinstate or issue the license, affirm the denial, suspension or revocation of the license, or modify the suspension of the license. The decision of the Board of Supervisors shall be final and binding on all parties.
No part of a license fee shall be refunded to any person whose license shall have been denied, suspended, or revoked.
Any person who violates or permits a violation of this chapter 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 30 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 chapter that is violated shall also constitute a separate offense.