[HISTORY: Adopted by the Board of Commissioners
of the Township of Ridley 3-19-1975 as Ch. 98 of the 1975 Code. Amendments noted where applicable.]
It shall be unlawful for any person or persons,
firm or corporation to sell or offer for sale within the Township
of Ridley, as hawker, peddler, transient merchant or agent, any fruits,
groceries, beverages, garden or farm or dairy products, ice cream
or ice cream products or any other form of domestic goods, wares or
merchandise without having first obtained a license from the Secretary
of the Township of Ridley to do so, upon an application form to be
filed by such person, firm or corporation and the paying of a license
fee as hereinafter provided.
A.
It shall be unlawful for any person or persons, firm
or corporation, whether as an owner, agent, consignee or employee,
whether a resident of the Township of Ridley or not, who engages in
the business or selling and delivering goods, wares and merchandise
within the Township of Ridley, to, in furtherance of such purpose,
hire, lease, use or occupy any vehicle, tractor, trailer, tent, railroad
boxcar or boat or any street, road or alley within the Township of
Ridley for the exhibition, display, lease or sale of such goods, wares
or merchandise, either privately, publicly or by auction, without
having first obtained a license from the Secretary of the Township
of Ridley to do so, upon an application form to be filed by such person,
firm or corporation and the paying of a license fee as hereinafter
provided.
B.
The person, firm or corporation who engages in such
business shall not be relieved from complying with the provisions
of this chapter by reason of said vehicle, tractor, trailer, tent,
railroad boxcar or boat being an adjunct to or part of any established
business.
No person, firm or corporation shall sell or
offer for sale upon the streets any printed material, nor solicit
orders therefor from door to door, within the Township of Ridley,
without having first obtained a license from the Secretary of the
Township of Ridley to do so, upon an application form to be filed
by such person, firm or corporation and the paying of a license fee
as hereinafter provided. Nothing herein contained shall be construed
to apply to any religious sect whose members sell books or magazines
on the subject of religion, nor to the sale of newspapers on the streets.
[Amended 8-20-1980 by Ord. No. 1495; 8-26-1998 by Ord. No.
1790; 10-25-2000 by Ord. No. 1808]
A.
The license fee for the license required under the
terms of this chapter is hereby fixed at a sum for a thirty-day period
as set forth from time to time by resolution of the Board of Commissioners.
The thirty-day license period can be extended in the discretion of
the Township Manager for cause shown. Such licenses shall not be transferable
from person to person nor from one type of vehicle or structure to
another.
[Amended 12-29-2004 by Ord. No. 1874]
B.
In the event that any such licensee has more than
one vehicle, tractor, trailer, tent, railroad boxcar or boat, upon
the payment of the license fee as herein above set forth, an additional
fee per year as set from time to time by resolution of the Board of
Commissioners shall be charged for each additional vehicle, tractor,
trailer, tent, railroad boxcar or boat.
C.
In the event that any such licensee has more than
one individual engaging in peddling and soliciting as defined under
this chapter, an additional fee per individual as set from time to
time by resolution of the Board of Commissioners shall be charged
for each additional individual operating under the primary license.
It shall be unlawful for any such hawker, peddler,
transient merchant or agent, consignee or employee to sound any bell,
siren, horn, music-playing machine or noisemaking device whatsoever,
provided that nothing herein contained shall prevent such person from
sounding the horn on any truck or automobile for the sole purpose
of providing for traffic safety.
[Amended 6-17-1981 by Ord. No. 1522; 11-17-2004 by Ord. No.
1872]
A.
The applicant for such license shall give his name,
age, occupation, address, accurate personal description, the length
of time the applicant plans to engage in such activity, and shall
submit a clearance result from a completed Pennsylvania State Police
Request for Criminal Record Check. The applicant must also include
a sample or full description of the article to be sold which must
be submitted for inspection. If such license shall be granted, the
Township Secretary shall issue to the licensee a card setting forth
the name, age, occupation, address, and description of the licensee
and the products for sale, and the following statement shall be prominently
listed on the license: “The Township of Ridley is not responsible
for the products sold nor is this solicitor affiliated in any way
with the Township of Ridley,” and such card must be carried
by such licensee when offering goods, wares, merchandise or printed
material and must be shown upon request to any police officer or any
other official of the Township of Ridley. Such license shall be limited
to the solicitation for sale and the sale of goods, wares, merchandise
or printed material during daylight hours only. Therefore, as to the
herein described license, solicitation for sale and the sale of goods,
wares, merchandise or printed material will only take place between
the period of time as follows: 9:00 a.m. to 7:00 p.m.
[Amended 7-23-2008 by Ord. No. 1941; 6-22-2011 by Ord. No. 1975]
B.
Upon receiving an application for a license, the Police
Department shall review the application and investigate the applicant.
If the investigation indicates that the granting of such license would
or might be injurious to the public interest or to the public health,
safety or morals of the citizenry, the Township Manager shall have
the authority to refuse to issue the license. An application for a
license may also be denied or revoked for the following reasons:
(1)
Fraud, misrepresentation or false statements contained
in the application or previous applications.
(2)
Fraud, misrepresentation or false statements made
in the course of the activities conducted under the license.
(3)
Any violation of this chapter.
(4)
Conducting door-to-door activities in an unlawful
manner or in such a manner that constitutes a breach of the peace.
C.
A certificate
of insurance acceptable to the Code Enforcement Officer shall be filed
with the Township of Ridley prior to the issuance of a license. These
certificates shall provide a provision that coverages afforded under
the policy will not be canceled until at least 15 days' prior written
notice has been given to the Township of Ridley.
[Added 7-23-2008 by Ord. No. 1941]
[Amended 10-25-2000 by Ord. No. 1808]
The products offered for sale by any such licensee shall be subject to inspection by any peace officer or other official of the Township of Ridley. In the event that such peace officer or other official of the Township of Ridley determines that in his or their judgment the sale of such products would be injurious to the health, safety or morals of the residents of the Township of Ridley or is contrary to the provisions of any ordinance or health regulation of the Township of Ridley, then the said licensee shall be prohibited from selling such prohibited goods, wares, merchandise or printed material, and if such goods, wares, merchandise or printed material is continued to be sold thereafter, then in such event any such sale shall be deemed to have been made as though no license had been issued to the said licensee and shall subject the said licensee to the penalty prescribed in § 209-10.
[Amended 11-17-2004 by Ord. No. 1872]
The provisions of this chapter shall not apply
to the following persons:
[Added 3-27-1991 by Ord. No. 1672]
It shall be unlawful for any person or persons,
firm or corporation, whether as an owner, agent, consignee or employee,
whether a resident of Ridley Township or not, to engage in the business
or selling and delivery of retail goods, wares and merchandise within
the Township of Ridley from a vehicle on private property.
[Added 10-25-2000 by Ord. No. 1808]
Any person, firm or corporation who violates
any of the provisions of this chapter shall be liable for a fine not
exceeding $300 in accordance with 53 P.S. § 57901. Each
day such a violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such hereunder.
