[HISTORY: Adopted by the Board of Supervisors of the Township
of Union 6-3-2002 by Ord. No. 120. Amendments noted where applicable.]
A.
PEDDLING
PERSON
SOLICITING
TRANSIENT MERCHANT
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.
Any person who is engaged in the business of "soliciting"
and/or "peddling."
B.
The words
"soliciting" and "peddling," as defined above, shall not apply:
(1)
To
farmers seeking or taking orders for the sale of their own products.
(2)
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.
(3)
To
the seeking or taking of orders for insurance by insurance agents
or brokers, licensed under the insurance laws of the Commonwealth
of Pennsylvania.
C.
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:
A.
Full name of the applicant and local address, if any.
B.
Permanent address.
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
there.
F.
The type of vehicle to be used, if any, and license plate number.
G.
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.[1]
[1]
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:
A.
No transient merchant shall engage in selling any product or service
not specified on his license.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
