Township of Upper Pottsgrove, PA
Montgomery County
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Table of Contents
Table of Contents
Public Documents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Pottsgrove as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-1962 by Ord. No. 13 (Ch. 13, Part 1, of the 1993 Code)]
From and after the effective date of this article, it shall be unlawful for any person, firm, corporation, not exempted by § 240-6 of this article, who is not the holder of a valid and unexpired license issued pursuant to this article, to engage in selling, purchasing, soliciting the sale or purchase of food, printed matter, services, goods wares or merchandise of any description, or in soliciting contributions, gifts or pledges of money or any other thing of value, by visitation to private homes or residences or on the public streets or highways of Upper Pottsgrove Township.
[Amended 3-8-1993 by Ord. No. 243]
Any person not exempted by § 240-6 of this article, desiring to obtain a license to engage in the activities described in § 240-1 of this article, shall make application therefor in person to the Township Secretary.
A. 
The applicant shall supply over his signature the following information:
(1) 
His name.
(2) 
His place and date of birth.
(3) 
His address.
(4) 
His residence.
(5) 
The address at which he will receive notice under this article.
(6) 
Name and address of his employer or principal, and nature of his business activity.
(7) 
Nature of the business or activity in which the applicant wishes to engage within the Township.
(8) 
A statement whether the applicant has ever been convicted in any jurisdiction of any crime and, if so, what crimes, where and when.
B. 
Upon submission of said application and the payment of a fee, in an amount as established from time to time by resolution of the Board of Commissioners, a license shall be issued to the applicant in the form of a card which shall, unless revoked, entitle the licensee to engage in the activities specified for a period of six months from the date of issuance, provided that the Township Secretary may refuse to issue a license if he or she has reasonable grounds to believe the applicant is of poor moral character, in which event the applicant shall be required to apply in person to the Board of Commissioners. In addition, any honorably discharged or disabled soldier, sailor or marine of the military or naval services of the United States who is a resident of this commonwealth shall not be required to pay any application fee under this article.
[Amended 6-20-2016 by Ord. No. 489]
C. 
Licenses may be renewed semiannually, upon payment of the fee provided in Subsection B of the section for any amendment of the original application to reflect any changes necessary in the information contained.
[Amended 6-20-2016 by Ord. No. 489]
Every person to whom a license has been issued under the provisions of this article shall in the carrying on of his business or activities in the Township comply with the following conditions and rules of conduct:
A. 
He/she shall carry the license card at all times which shall be prominently displayed and visible to any person upon whom he shall call or with whom he shall talk in carrying on his licensed activities.
[Amended 6-20-2016 by Ord. No. 489]
B. 
His license card is not transferable and he shall not permit or allow any other person to use same and shall immediately report its loss to the Township Secretary, should such event occur. His card shall not be altered or defaced nor shall he permit it so to be.
C. 
He shall not enter nor attempt to enter any dwelling or business house without invitation or permission of the occupant and shall immediately leave any premises upon request.
D. 
He shall not represent his license card to be an endorsement of himself, or of his goods, wares or services or the goods, wares of services of his employer.
E. 
He shall immediately surrender his license card upon revocation of his license as hereinafter provided.
[Amended 3-8-1993 by Ord. No. 243]
Any license hereafter issued may be revoked by the Board of Commissioners upon the failure of the licensee to comply with the standards of conduct established by § 240-3 of this article or upon ascertainment that the licensee has made any false statement in his application for license under the provisions of this article. Notice of revocation shall be given by written notice served or sent by registered mail to the address designated for this purpose in the license application.
[Amended 3-8-1993 by Ord. No. 243]
Any person whose license has been revoked shall be entitled to appear with counsel, if he desires, before the Board of Commissioners at a regular or special meeting and be heard in behalf for a reinstatement of his license.
[Amended 3-8-1993 by Ord. No. 243]
The following persons are exempted from the licensing requirements of this article:
A. 
Persons soliciting contributions on behalf of organizations or nonprofit corporations exempted from the provisions of, or duly registered pursuant to the Charitable Organization Reform Act, 10 P.S. § 161.1 et seq.,[1] who while soliciting are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.
[1]
Editor's Note: This act was repealed 12-19-1990 by P.L. 1200, No. 202. See now 10 P.S. 162.1 et seq., the Solicitation of Funds for Charitable Purposes Act.
B. 
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle.
C. 
Persons who have been licensed by the Commonwealth of Pennsylvania, to engage in an activity described in § 240-1 of this article, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
D. 
Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.[2]
[2]
Editor’s Note: Former Subsection E, listing an honorably discharged or disabled soldier, sailor or marine, which immediately followed this subsection, was repealed 6-20-2016 by Ord. No. 489. See now § 240-2B.
[Amended 3-8-1993 by Ord. No. 243]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600 and costs and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.