[Ord. 2002-05, 12/9/2002, § 301]
From and after the enactment of this Part it shall be unlawful
for any person who is not the holder of a valid and unexpired license
issued pursuant to this Part, or otherwise exempt from this Part,
to sell, purchase, or solicit the sale or purchase of food, printed
matter, building and construction services, and all other services,
goods, wares, or merchandise of any kind or description, or to solicit
contributions, gifts or pledges of money or any other thing of value,
by visiting the private homes or residences or on the public streets
or highways of the Township of Leet.
[Ord. 2002-05, 12/9/2002, § 302; as amended by Ord. 2016-01, 3/14/2016]
1.
Any person desiring to obtain a license to engage in the activities described in § 13-301 shall make application in person to the Police Chief of the Township of Leet, or to his or her designated employee, at the Leet Township police office during the hours set forth this purpose by the Police Chief.
2.
The applicant shall supply, on a written form provided by the Township
of Leet, the following information over the applicant's signature
subject to the penalties of 18 Pa.C.S.A. § 4904 relating
to unsworn falsification to authorities:
A.
The applicant's name.
B.
The applicant's place and date of birth.
C.
The applicant's temporary address.
D.
The applicant's residence address.
E.
The address at which the applicant will receive notices under this
Part.
F.
The name and address of the applicant's employer or principal,
if any, and the nature of the business activity thereof.
G.
The nature of the business or activity in which the applicant wishes
to engage within the Township of Leet, being as specific as possible.
H.
A statement as to whether the applicant has been convicted in any
jurisdiction of any crime other than of minor traffic violations and,
if so, of what crime or crimes and what punishment was imposed.
I.
If a motor vehicle is to be used by the applicant to enter, leave
or travel upon the streets of the Township of Leet, the make, model,
color and registration number of the motor vehicle.
J.
The applicant shall submit to the Chief of Police a written description
of the applicant and the applicant's photograph, approximately
two inches by two inches in size showing the head and shoulders of
the applicant in a clear and distinguishing manner.
K.
The applicant shall submit a legible photocopy of his or her state
vehicle operator's license or other state photo identification.
3.
The applicant shall pay a fee, in an amount as established, from
time to time, by resolution of the Board of Commissioners, to the
Township of Leet.
4.
The Police Chief shall cause a record of the application to be kept
on file and made available as needed to enforce the provisions of
this ordinance.
5.
After submission of the completed application, the fee and the supporting evidence set forth above, the Police Chief shall cause to be made an investigation into the accuracy and completeness of the information provided in the application and the character and business responsibility of the applicant. If the information provided is correct and if the applicant's character and business responsibility are satisfactory, the Chief shall grant the application and issue the license in writing over his or her signature. If the information provided is not accurate or if the Chief finds that the applicant's character or business responsibility is unsatisfactory, the Chief shall deny the application in writing over his or her signature, stating all of the reasons therefore and shall notify the applicant at the address set forth in the application. An issued license shall entitle the licensee to engage in the activities described in § 13-301 for the period for which the appropriate fee has been paid from the date of issuance. A denied application shall entitle the applicant to appeal as set forth below.
6.
Licensees may renew their licenses periodically by paying the fee
set out in this section and by updating their applications to reflect
any changes in the information they provided.
[Ord. 2002-05, 12/9/2002, § 303]
1.
Every person to whom a license has been issued shall, in the carrying
on of the licensed business activities in the Township of Leet, comply
with the following rules of conduct:
A.
The licensee shall carry the license card at all times and exhibit
it upon request to any police officer or any person upon whom he or
she shall call, or with whom he or she shall talk in carrying on the
licensed activities.
B.
The licensee shall not permit any other person to have possession
of the license card and shall immediately report its loss or theft
to the Leet Township Manager or the police. The licensee shall not
cause or permit the license card to be altered or defaced. The license
is personal to the applicant and may not be transferred, given or
assigned to any other person.
C.
The licensee shall not enter, or attempt to enter any dwelling house
without invitation or permission of the occupant and shall immediately
leave any premises upon request. The licensee shall not engage in
any conduct licensed under this Part upon any premises displaying
a sign prohibiting such activity.
D.
The licensee shall not represent the license card to be an endorsement
of the licensee or of his or her goods or services or of the goods
or services of the principal or employer.
E.
The licensee shall immediately surrender the license card upon revocation
of the license as hereinafter provided.
F.
Licensees are permitted to operate Monday through Saturdays between
the hours of 9:00 a.m. and 9:00 p.m. local prevailing time. There
shall be no soliciting under this Part at any time on Sundays or on
any holiday on which the Allegheny County Courts are closed.
G.
No licensee hereunder shall have the exclusive right to any location
in the public streets or sidewalks, nor shall any licensee hereunder
be entitled to a stationary location thereon.
[Ord. 2002-05, 12/9/2002, § 304]
1.
Any license hereafter issued may be revoked by the Township of Leet
after notice and a hearing for any of the following reasons:
A.
Upon failure of the licensee to comply with the standards of conduct established by § 13-303 hereof.
B.
For fraud, material misrepresentation or false statement in the application
for license hereunder.
C.
For any violation of this Part.
D.
For conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting business in an unlawful manner or in such a manner as
to constitute a breach of the peace or to constitute a menace to the
health, safety or welfare of the public.
2.
Notice of a hearing shall be given in writing setting forth the grounds
for revocation. Notice shall be personally served or sent by registered
mail to the address designated for this purpose in the application
for license. Notice shall be given at least seven days prior to the
hearing. Any person subject to a license revocation hearing shall
be entitled to appear, with or without counsel, and offer documentary
and witness evidence.
[Ord. 2002-05, 12/9/2002, § 305; as amended by Ord. 2016-01, 3/14/2016]
Any person aggrieved by the action of the Chief of Police in
denying a license may appeal to the Township of Leet by written application
setting forth the grounds for the appeal and filed within 14 days
after notice of the action complained of has been mailed to the address
set forth in the application. Application for appeal shall be accompanied
by an appeal fee, in an amount as established, from time to time,
by resolution of the Board of Commissioners. Leet Township shall set
a time and place for the hearing and notice of the hearing shall be
given to the applicant by writing mailed to the address set forth
on the application.
[Ord. 2002-05, 12/9/2002, § 306]
1.
The following persons shall not be charged a fee for the license described in § 13-303:
A.
Persons soliciting contributions on behalf of organizations or non-profit
corporations exempted from the provisions of, or duly registered pursuant
to, the act of December 19, 1990, P.L. 1200, 10 P.S. § 162.1
et seq. (The Solicitation of Funds for Charitable Purposes Act.),
as amended; who, while soliciting, are possessed of a card or other
evidence of their appointment or authority to solicit for said organization
or corporation.
[Ord. 2002-05, 12/9/2002, § 307]
1.
The following persons shall not be required to obtain a license described in § 13-302, but shall be required to conform their conduct to the provisions of § 13-303, when engaged in activities set forth in § 13-301:
A.
All persons who are 18 years of age or under who are otherwise engaged
in activity regulated by this Part on behalf of:
(1)
All persons, organizations or non-profit corporations granted
tax exempt status under § 501(c)(3) of the Internal Revenue
Code of 1986 (P.L. 99-154, 26 U.S.C. § 501(c)(3).
(2)
All persons, organizations or non-profit corporations exempt
from the registration requirements of the Act of December 19, 1990
P.L. 12200, 10 P.S. § 162.6. (The Solicitation of Funds
for Charitable Purposes Act), provided that the conditions of § 162.6
are met.
[Ord. 2002-05, 12/9/2002, § 309]
1.
Leet Township hereby declares its intention that this Part shall
apply only to commercial conduct and speech and the solicitation of
money or other things of value. This Part is specifically not intended
to, and shall not be interpreted to:
A.
Limit or affect constitutionally-protected pamphleteering, political
or religious speech or conduct.
B.
Apply to persons selling wholesale to dealers in such goods.
C.
Apply to merchants or their employees delivering goods or services
in the regular course of business.
D.
Apply to any manufacturer or producer in the sale of bread and bread
products, meat and meat products and milk and dairy products.
E.
Prohibit any sale required by statute or order of court.
F.
Prevent any licensed auctioneer from conducting a bona fide auction
sale subject to the Auctioneer's Law, 63 P.S. § 734.1
et seq.
[Ord. 2002-05, 12/9/2002, § 310; as amended by Ord. 2016-01, 3/14/2016]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, 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 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
