[HISTORY: Adopted by the Board of Supervisors of the Township of Union 6-3-2002 by Ord. No. 120. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- 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 residence, or by entering in or upon private property within the said Township.
- Any natural person, association, partnership, firm, organization or corporation.
- 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 Union and shall further mean the seeking or taking of contract or orders for home or other building repairs, improvements and alterations, and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house, or other building improvements or repairs, upon or from the places aforesaid within the said Township.
- TRANSIENT MERCHANT
- Any person who is engaged in the business of "soliciting" and/or "peddling."
The words "soliciting" and "peddling," as defined above, shall not apply:
To farmers seeking or taking orders for the sale of their own products.
To the sale of goods, wares and merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose.
To the seeking or taking of orders for insurance by insurance agents or brokers, licensed under the insurance laws of the Commonwealth of Pennsylvania.
To persons, corporations, partnerships and associations, their agents or employees, who have complied with the provisions of 10 P.S. § 162.1 et seq., as amended, governing solicitations for charitable, benevolent, patriotic or other purposes.
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling or in the business of transient merchant in the Township of Union without first having secured a license as herein provided.
Every person desiring to engage in the business of transient merchant in the Township of Union shall first make application to the Township and/or its appointees 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 application shall be upon a form prescribed by the Township Supervisors and shall contain at least the following information:
Full name of the applicant and local address, if any.
Name of employer or a statement that such applicant is self-employed.
The nature of the goods, wares, services or merchandise offered for sale.
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 there.
The type of vehicle to be used, if any, and license plate number.
Upon request, the applicant shall also submit to fingerprinting and furnish a photograph, provided that, 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 the applicant and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.
No license to engage in the business of transient merchant shall be issued under the chapter until the required license fee shall be paid to the Township of Union. Such fees shall be in accordance with the Schedule of Fees then in effect in the Township and establishing by resolution of the Board of Supervisors. A separate application shall be filed and a separate license 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.
The fee schedule adopted by the Board of Supervisors may provide for different fees for different periods of times. No license shall be issued for a period of time in excess of one month. Should the transient merchant desire to continue his activities for a period longer than one month, a new application must be filed and the appropriate fee paid. All fees shall be nonrefundable. In the absence of a resolution of the Supervisors setting a fee schedule, the license fee shall be $25 per month or part thereof, payable in cash with receipt given or by money order, or the license fee shall be $300 per year or the maximum fee then allowed by the Second Class Township Code.
Editor's Note: See 53 P.S. § 65101 et seq.
Such license when issued shall state, inter alia, the products to be sold or services to be rendered by the licensee. Every transient merchant shall, at all times when engaged in soliciting or peddling in the Township of Union, carry such license upon his person and shall exhibit it upon request to all police officers, Township officials and citizens. The transient merchant shall conform to the following standards of conduct:
No transient merchant shall engage in selling any product or service not specified on his license.
No transient merchant shall enter or attempt to enter any dwelling house without invitation or permission of the occupant and shall immediately leave any premises upon request.
No peddling or soliciting of business shall occur prior to 9:30 a.m., prevailing time, and shall cease at sunset or 6:00 p.m., prevailing time, whichever shall occur first.
No person licensed as a transient merchant under this chapter shall occupy any fixed location upon any of the sidewalks, streets, highways or alleys of the Township for the purpose of soliciting or peddling, with or without any stand or counter.
The Township and/or its appointee shall keep a record of all licenses issued under the chapter. The Township and/or its appointee shall supervise the activity of all holders of such licenses.
Any license which has been issued under the terms of this chapter may be suspended by the Township and/or its appointee upon the filing of complaints by two or more residents of the Township regarding the misconduct or adverse behavior of any licensed transient merchant. The license shall be revoked or reinstated within seven days following an investigation into the merits of the complaints by the Township and/or its appointee.
Any license which has been issued under the terms of this chapter may be revoked by the Township and/or its appointee upon failure of the licensee to comply with the standards of conduct established herein, or upon ascertainment that the licensee has made a false statement in his application for a license hereunder, or that the licensee was convicted of a crime after the issuance of such license or was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Township of Union. Notice of revocation shall be given by written notice personally served or sent by certified mail to the address designated for this purpose in the application for license.
Any person whose license has been revoked shall be entitled to appear, with counsel if he so desires, before the Board of Supervisors at any regular or special meeting and be heard on behalf of a request for reinstatement of his license.
No person licensed as a transient merchant under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of the Township, nor shall he use any loudspeaker, bell, whistle or other device for announcing his presence by which the public is annoyed.
Any person who shall violate any of the provisions of this chapter, or who permits the violations of this chapter by any of his helpers, 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. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.