[Ord. 85-2, 3/12/1985, § I; as amended by Ord.
2007-04, 11/8/2007]
1. The word "soliciting" as used in this Part shall mean the seeking
or taking of contracts or orders for any goods, wares, services or
merchandise for future delivery or for subscriptions or contributions,
upon any of the streets or sidewalks; or from house to house; or by
visitation to private residences; or by entering in or upon private
property; within the Township of Allen and shall further mean the
seeking or taking of contracts or orders for home or other building
repairs; improvement and alterations; and also orders or contracts
for any mechanical, electrical, plumbing, or heating devise or equipment
for house; or other building improvements or repairs, upon or from
the places aforesaid within the said Township.
2. The word "peddling" as used in this Part shall mean the selling or
offering for sale of any goods, wares, services, or merchandise for
immediate delivery which the person selling or offering for sale carries
with him in traveling, or has in his possession or control, upon any
of the streets or sidewalks; or from house to house; or by visitation
to private residences; or by entering in or upon private property;
within the said Township. Provided, the words "soliciting" and "peddling"
shall not apply:
A. To the sale of goods, wares, and merchandise donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose within the meaning of § 501(c)(3)
of the Internal Revenue Code.
B. To any honorably discharged soldier, sailor or marine of the military
service who complies with the Act of Assembly of the Commonwealth
of Pennsylvania of 1867, April 8, P.L. 50, as amended, and who procures
from the Prothonotary of the proper County a certificate in pursuance
of the said Act of Assembly.
C. To the seeking or taking of orders, by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania
for insurance.
D. To persons, corporations, partnerships and associations, their agents
or employees, who have complied with the provisions of the Act of
Assembly of the Commonwealth of Pennsylvania of 1963, P.L. 628 as
amended, governing solicitations for charitable, benevolent, patriotic
or other purposes and as it applies to religions proselytizing, anonymous
political speech and the distribution of handbills.
E. To any volunteer fire company or volunteer rescue unit.
F. To any persons not receiving compensation and acting on behalf of
an organization holding an exemption for Federal Income Tax under
§ 501 (c) (3) of the Internal Revenue Code.
G. To persons, corporations, partnerships and associations otherwise
licensed by the Township to conduct business within the Township.
3. The word "solicitor", as used in this Part shall mean any person
over the age of 14 years who shall engage in soliciting as hereinabove
defined.
4. The word "peddler" as used in this Ordinance shall mean any person
over the age of 14 years who shall engage in peddling as hereinabove
defined.
5. The word "person" as used in this Part, shall mean any natural person
over the age of 14, association, partnership, firm, organization,
or corporation.
6. In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[Ord. 85-2, 3/12/1985, § II]
No person shall engage in soliciting or peddling in the Township
of Allen without first having taken out a license as herein provided.
[Ord. 85-2, 3/12/1985, § III]
Every person desiring to engage in soliciting or peddling in
the Township of Allen shall first make application to the Secretary
of the Board of Supervisors (the phrase Secretary of the Board of
Supervisors whenever used in this Part shall include his designee)
for a license. If such person shall also be required to obtain a license
from any county officer, he shall, on making such application exhibit
a valid county license. The said application shall be upon a form
provided by the Township Secretary and shall contain at least the
following information verified by oath or affirmation:
A. Full name of the applicant and local address, if any.
C. Name of employer or a statement that such applicant is self-employed.
D. The nature of the goods, wares, services or merchandise offered for
sale.
E. A statement as to whether or not the applicant has ever been convicted
of any crime, and if the answer is in the affirmative, the nature
of the offense or offenses and the punishment or punishments imposed.
F. The type of vehicle to be used if any.
G. Upon request, the applicant shall also submit to finger-printing
and furnish a photograph, Provided; where a person makes application
for himself and one or more helpers, all applicable personal information
specified above shall be given for each helper and verified or affirmed
by oath or affirmation by him and an individual license shall be required
for each helper. No license under this Part shall be transferable
from one person to another.
H. The Township Secretary shall hold each application for a five-day
period to enable the Township Office to conduct a background check
of each applicant, if deemed necessary.
[Ord. 85-2, 3/12/1985, § IV]
1. Separate Application and Separate Fee Required of Each Person. No
license shall be issued under this Part until the sum in an amount
to be established by resolution of the Board of Supervisors, shall
be paid to the Township Secretary for the use of the Township. A separate
application shall be filed and a separate permit fee shall be paid
by each person who shall actually conduct the soliciting or peddling
and shall apply where an employer desires to secure licenses for his
employees, agents or servants.
2. It is noted that the application form (as referred to in Subsection
(1) §
13-203 above) and the application fee (as referred to in Subsection
(1)) may be changed by the Board of Supervisors of the Township of Allen, from time to time, at the organizational meeting of said Supervisors, which is scheduled for the beginning of January of each year.
[Ord. 85-2, 3/12/1985, § V]
The license granted pursuant to this Ordinance shall be valid
for 90 days after the date of such license and upon the expiration
of any license, if the person holding the same shall desire to continue
or renew soliciting or peddling, he shall be required to file a new
application for a permit and pay a new license fee.
[Ord. 85-2, 3/12/1985, § VI]
Such license when issued shall state, inter alia, the products
to be sold or services to be rendered by the licensee. Every solicitor
or peddler shall at all times, when engaged in soliciting or peddling
in the Township of Allen, carry such license upon his person and shall
exhibit it upon request, to Township officials and citizens. No solicitor
or peddler shall engage in selling any product or service not mentioned
on such license.
[Ord. 85-2, 3/12/1985, § VII]
No person licensed as a solicitor or peddler under this Part
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. local time or after 8:30 p.m. local time.
[Ord. 85-2, 3/12/1985, § VIII]
No person licensed as a solicitor or peddler under this Part
shall park any vehicle upon any of the streets, highways, or alleys
of the Township in order to sort, rearrange or clean any of his goods,
wares, services or merchandise; nor shall any such person place or
deposit any refuse on any such streets, highways or alleys; nor shall
any such person maintain or keep a street or curbstone market by parking
any vehicle upon any street or alley in the Township for longer than
necessary in order to sell therefrom to persons residing in the immediate
vicinity.
[Ord. 85-2, 3/12/1985, § IX]
No person licensed as a solicitor or peddler under this Part
shall occupy any fixed location upon any of the streets, highways,
alleys or sidewalks of the Township for the purpose of soliciting
or peddling with or without any stand or counter.
[Ord. 85-2, 3/12/1985, § X]
The Secretary shall keep a record of all licenses issued under
this Ordinance and shall supervise the activities of all holders of
such licenses.
[Ord. 85-2, 3/12/1985, § XI]
Any license issued under this Part may be suspended or revoked
at any time by the Secretary of the Township of Allen upon proof being
furnished to him that the application for the license contained false
information or that the applicant or licensee has been convicted of
a crime involving moral turpitude after the issuance of such license
or that the licensee was convicted under the Commonwealth Statute
of disorderly conduct for an incident arising within Allen Township,
Northampton County, Pennsylvania.
[Ord. 85-2, 3/12/1985, § XII; as amended by Ord.
2007-04, 11/8/2007]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each Section of this Part which shall be found to have been violated
shall constitute a separate offense.