[Ord. 511, 3/12/1990, § 1]
As used in this section, the following words shall have the
following meanings:
A person who goes from house to house or from place to place,
whether on foot or in a vehicle, selling and delivering goods and
services.
A person who goes from house to house or from place to place
selling merchandise by sample or by taking orders for future delivery
with or without accepting advance payments for the goods and regardless
of whether the solicitation is made by mail, telephone or personal
contact. The provisions of this section shall apply to the person
who comes in contact with the buyer, whether he obtains the order,
delivers the goods or accepts money in payment for them. Solicitor
shall also mean any person who goes from house to house or from place
to place for the purpose of obtaining alms, contributions or subscriptions,
or who does research analyses, makes surveys or opinion polls, obtains
rating data or similar work which involves a door-to-door or place-to-place
activity.
A person in the business of selling personal property or
services who conducts his business from a fixed location, but who
does not intend to continue in business within the Township for at
least one year. A proprietor of a business which is seasonal in nature
who suspends business during the off-season shall not for that reason
alone be considered a transient vendor.
[Ord. 511, 3/12/1990, § 1]
No person shall engage in business within West Norriton Township
as a peddler, solicitor or transient vendor without having first obtained
a license and paid the required license fee.
[Ord. 511, 3/12/1990, § 1]
This Section shall not apply to the following persons:
1.
Persons taking orders for merchandise by sample from dealers or merchants
for individuals or companies who pay a license or mercantile tax at
their chief places of business in West Norriton Township, insurance
companies or their agents, and insurance brokers authorized to transact
business under the insurance laws of the Commonwealth of Pennsylvania.
2.
The sale of goods, wares and merchandise donated by the owners thereof,
where the proceeds are to be applied to any charitable or philanthropic
purpose.
3.
The above shall not be required to pay any license fee or to furnish the information required by § 13-505, but shall comply with all the other provisions of this section and shall be required to obtain a special permit from the designated Township official which shall be issued to them without fee, upon presentation of satisfactory proof of their status.
[Ord. 511, 3/12/1990, § 1]
Vendors who sell such items as flowers, balloons or other wares
from a fixed location for a period of three days or less, e.g., religious,
public holidays, are required to submit written permission from the
legal property owner. In addition, they may not exhibit their wares
in such a manner that would infringe or obstruct the proper flow of
pedestrians or vehicular traffic.
[Ord. 511, 3/12/1990, § 1]
When determined by the Township, the applicant shall provide
public liability insurance to protect the general public and the Township.
The Township Solicitor shall approve all policies of insurance.
[Ord. 511, 3/12/1990, § 1; as amended by Ord. 524,
12/31/1991]
All applications for licenses shall be made to the designated
Township official upon forms provided by him/her, and shall contain
the following information:
1.
Name and permanent and local address of the applicant. If the applicant
is a corporation, the name and address of its registered agent.
2.
If the licensed activity is to be carried on at a fixed location,
the address and a description of the premises.
3.
If a vehicle is to be used, its description, including the license
number.
4.
If the applicant is employed by another, the name and address of
the employer, together with credentials establishing the exact relationship.
5.
The days of the week and the hours of the day during which the licensed
activity will be conducted.
6.
A description of the nature of the business and the goods, property
or services to be sold or supplied.
7.
A statement as to whether the applicant has been arrested for any
crime or the violation of any municipal ordinance other than traffic
offenses and, if so, the date and place of said arrest, the nature
of the offense and the punishment or penalty imposed.
8.
Names of two municipalities in which the applicant/business has previously
solicited.
9.
A statement as to the location or source of supply of any merchandise
to be offered for sale and the method of delivery.
10.
The applicant and all other soliciting agents listed will be photographed
by the police department. Two pieces of identification shall be furnished
for proof of identification.
11.
Applications by partnerships shall be signed by all partners with
the information required by this subsection supplied in detail as
to each partner, and applications of corporations shall have attached
individual statements containing all of the information required by
this subsection relating to each employee or agent. If an applicant
operates through employees or agents the number thereof shall be limited
to four and licenses shall be issued to such employees or agents at
a fee to be established by resolution.
[Ord. 511, 3/12/1990, § 1]
Each application shall be referred to the Township Commissioners
or their designated agent or employee, who shall immediately institute
whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
as they consider necessary for the protection of the public. The finding
of such investigation shall be communicated in writing to the designated
Township official within a reasonable time, not to exceed five working
days, after the application has been filed. If the investigator decides
that the applicant's character, ability or business responsibility
is unsatisfactory, or the products, services or activity are not free
from fraud, he/she shall disapprove the application and shall refuse
to issue the license and shall so notify the applicant. Otherwise,
the Township shall issue the license immediately, provided the required
license fees have been paid.
[Ord. 511, 3/12/1990, § 1]
When the licensed activity is conducted at a fixed location,
or from a vehicle, the license shall be prominently displayed at the
location or on the vehicle. In all other cases the licensee will be
in plain view of the person with whom he/she is conducting business.
[Ord. 511, 3/12/1990, § 1]
Every license issued under this section shall apply only to
the person to whom it was issued and shall not be transferable.
[Ord. 511, 3/12/1990, § 1]
All licenses issued under this section shall expire at 12:00
midnight on the 30th day from the date of issuance. Said permit is
the property of the Township and will be returned the day following
the expiration date. A deposit of $5 per solicitor will be refunded.
[Ord. 511, 3/12/1990, § 1; as amended by Ord. 524,
12/31/1991]
The fee for a license under this section shall be established
by resolution. In the event the application is denied, filing fee
is non-refundable.
[Ord. 511, 3/12/1990, § 1]
No person licensed under this section shall engage in business
in the Township before 9:00 a.m. or after 5:00 p.m. on weekdays or
on Sundays. This subsection shall not apply to licensees who are expressly
invited by residents of the Township to come to their homes or places
of business at a different time.
[Ord. 511, 3/12/1990, § 1]
1.
All licensees who sell or deliver or display for sale food and produce
from vehicles which are wholly or partly open on any side shall at
all times keep the food and produce completely screened or covered
with satisfactory materials in order to prevent flies or other insects
from alighting around or upon any merchandise.
2.
All licensees selling, delivering or displaying for sale seafood,
meats, poultry or dairy products shall transport them only in refrigerated
vehicles. The products shall remain in the refrigerated portion of
the vehicle until the time of sale or delivery. The refrigerated portion
of the vehicle while in use shall be maintained at a temperature low
enough to completely safeguard all of the products from a health and
sanitary standpoint.
3.
No licensee shall at any time permit any waste products, materials
or parts of produce or other merchandise to remain in or upon any
street, roadway, curb or wall, but shall remove any debris that may
have fallen from his vehicle and place it immediately in leakproof
containers.
4.
All food or produce sold by any licensee shall at the time of delivery
be placed in bags or other suitable containers when it is handed to
the customer.
[Ord. 511, 3/12/1990, § 1]
Every person licensed under this section shall conduct himself
according to the following rules and regulations:
1.
He shall not enter or attempt to enter the house of any resident
of West Norriton Township without an express invitation from the occupant
of the house.
2.
He shall not conduct himself in a manner that is objectionable or
annoying to the occupant of any house.
3.
In general, all licensees and any vehicles used by them in the course
of the licensed activity shall fully comply with all of the provisions
of this Part or other applicable municipal ordinances, and all applicable
State laws or regulations, particularly those dealing with the protection
of the public health, safety and welfare.
[Ord. 511, 3/12/1990, § 1]
1.
No licensee shall permit any debris, waste material, rotting produce
or similar matter to remain in or upon his vehicle unless it is contained
in a leakproof container having a properly fitted cover.
2.
No licensee shall transact business from his vehicle unless it is
properly parked immediately adjacent to the curb of a public street
in a permitted locality. No licensee shall at any time double-park
his vehicle while transacting business.
3.
Licensees selling food and produce shall prohibit to the extent reasonably
possible the eating of any merchandise directly from their vehicles.
4.
Before a licensee selling food or produce uses a vehicle in connection
with his business, the vehicle shall be submitted to the Commissioners
of West Norriton Township or their designated agent or employee, for
inspection and approval relative to compliance with this section.
Whenever requested during the term of the license, the licensee shall
submit his vehicle for reasonable re-inspection. No vehicle shall
be used by a licensee unless it has been approved for use by the Township.
A certificate of written approval shall remain in the vehicle at all
times and shall be shown by the operator to any official of West Norriton
Township who may request to see it.
[Ord. 511, 3/12/1990, § 1]
No licensee shall have an exclusive right to any location in
the public streets nor shall be be permitted a stationary location
on the streets or be permitted to operate in a congested area where
his operations may impede or inconvenience the free flow of pedestrian
and vehicular traffic. For the purposes of the Section, the reasonable
judgment of a police officer shall be conclusive as to whether pedestrian
and/or vehicular traffic is impeded or inconvenienced.
[Ord. 511, 3/12/1990, § 1]
Any application for a license under this section may be denied
and any license issued may be immediately suspended or revoked for
any of the following causes:
1.
Fraud or misrepresentation in any application for a permit or license.
2.
Fraud, misrepresentation or other dishonesty in the conduct of the
licensed activity.
3.
A violation of any provision of this revision.
4.
Conviction of the licensee for any felony or high misdemeanor or
a misdemeanor or disorderly persons offense involving moral turpitude.
5.
Conduct of the licensed activity, whether by the licensee himself
or his agent, or employees, in an unlawful manner or in a manner that
constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
[Ord. 511, 3/12/1990, § 1]
Any person aggrieved by the denial of a license by the Township
may appeal the decision to the Board of Commissioners. Upon the revocation
or suspension of any license, the Board of Commissioners shall give
the licensee an opportunity to be heard.
[Ord. 511, 3/12/1990, § 1]
1.
Where an application for a license is denied the applicant must,
if he desires a hearing, to notify the Board of Commissioners in writing
within 30 days after learning of the denial of the application. The
Board of Commissioners, upon receiving notice, shall set a time and
place for the hearing and shall give the applicant five days'
notice.
2.
In the case of any revocation or suspension of a license, the applicant
shall be given notice at least five days prior to the date set by
the Board of Commissioners for a hearing on the suspension or revocation.
3.
Notices under this section may be served either personally or by
mailing a copy to the person who is to receive notice by certified
mail, return receipt requested, at his last known address.
[Ord. 511, 3/12/1990, § 1]
At the hearing the licensee shall have the right to appear and
be heard, to be represented by an attorney, to present witnesses in
his own behalf, to cross-examine opposing witnesses, and to have permanent
record made of the proceedings at his own expense. The Board of Commissioners
shall uphold suspending the license if they are satisfied by a preponderance
of the evidence that the licensee is guilty of the acts charged.
[Ord. 511, 3/12/1990, § 1]
The Board of Commissioners may issue another license to a person
whose license has been revoked or denied as provided in this section
if after hearing they are satisfied by clear and convincing evidence
that the acts which led to the revocation or denial will not occur
again, otherwise, no person whose license has been revoked or denied,
nor any person acting for him directly or indirectly, shall be issued
another license to carry on the same activity.
[Ord. 511, 3/12/1990, § 1]
The Board of Commissioners may make rules and regulations which
interpret or amplify any provision of this section or for the purpose
of administering the provisions of this section or making them more
effective. No regulation shall be inconsistent with or alter or amend
any provision of this section, and no regulation shall impose any
requirement which is in addition to or greater than the requirements
that are expressly or by implication imposed by any provision of this
section.
