Township of Worcester, PA Chapter 113 Peddling and Soliciting

[HISTORY: Adopted by the Board of Supervisors of the Township of Worcester 10-10-1988 by Ord. No. 105. Amendments noted where applicable.]

§ 113-1 Definitions and word usage.

A. As used in this chapter, the following terms shall have the meanings indicated:

PEDDLER

Any person who shall engage in peddling as herein defined.

PERSON

Any natural person, association, partnership, firm, organization or corporation.

SOLICITING AND PEDDLING

(1) SOLICITING 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 Worcester Township; and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvement and alterations, and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repair, upon or from the places aforesaid within Worcester Township.

(2) PEDDLING 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 residences or by entering in or upon private property within Worcester Township.

(3) The words "soliciting" and "peddling" shall not apply to:

(a) Farmers seeking or taking orders for the sale of their own products.

(b) The seeking or taking of orders by any manufacturer or producer for the sale of bread and bakery products, meat and meat products or milk and milk products.

(c) The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.

(d) Any honorably discharged soldier, sailor or marine of the military service who complies with the Act of Assembly of the Commonwealth of Pennsylvania of April 8, 1867, 60 P.S. § 61, as amended,[1] and who procures from the Prothonotary of the proper county a certificate pursuant thereto.

(e) The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.

(f) Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.

SOLICITOR

Any person who shall engage in soliciting, as hereinabove defined.

[1] Editor's Note: 60 P.S. § 61 was repealed 11-24-1992 by P.L. 717, No. 108.

B. Word usage. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 113-2 License required.

No person shall engage in soliciting or peddling in Worcester Township without first having taken out a license as herein provided.

§ 113-3 Application for license.

A. Every person desiring to engage in soliciting or peddling in Worcester Township shall first make application to the Worcester Township Secretary 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. Said application shall be upon a form provided by the Township and shall contain at least the following information verified by oath or affirmation:

(1) The full name of the applicant and local address, if any.

(2) Permanent address.

(3) The name of the employer or a statement that such applicant is self-employed.

(4) The nature of the goods, wares, services or merchandise offered for sale.

(5) 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 therefor.

(6) The type of vehicle to be used, if any.

(7) Upon request, the applicant shall also submit to fingerprints and furnish a photograph.

(8) The applicant shall provide a criminal history record report from the Pennsylvania State Police, or from another law enforcement agency approved by the Township, and such report shall be dated no later than seven days from the date the application to obtain a license is submitted to the Township.

[Added 5-16-2018 by Ord. No. 277]

B. 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 by oath or affirmation by him, and an individual license shall be required for each helper. No license under this chapter shall be transferable from one person to another.

§ 113-4 License fees.

[Amended 8-21-1996 by Ord. No. 150]

No license shall be issued under this chapter until the a fee, as set forth in the Fee Schedule,[1] shall be paid to Worcester Township for the use of the Township. A separate application shall be filed and a separate permit 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.

[1] Editor's Note: The Fee Schedule is on file in the Township offices.

§ 113-5 Term of license; renewals.

[Amended 8-21-1996 by Ord. No. 150]

The license granted pursuant to this chapter shall be valid for 30 days after the date of such license, and upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued in advance, for consecutive thirty-day periods, not exceeding 12 in number, upon payment, in advance, of the license fee for each thirty-day period provided in § 113-4 hereof.

§ 113-6 Contents and display of license.

A. Such license, when issued, shall state, inter alia, the products to be sold or services to be rendered by the licensee.

B. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in Worcester Township, carry such license upon his person and shall exhibit it, upon request, to all police officers, Township officials and citizens.

C. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.

§ 113-7 Permitted hours.

No person licensed as a solicitor or peddler under this chapter shall engage in soliciting or peddling on any day of the week before 8:30 a.m. or after 5:00 p.m. During the time of the year that Eastern standard time is effective, these hours shall be Eastern standard time. During the time of the year that daylight saving time is effective, these hours shall be daylight saving time.

§ 113-8 Vehicle restrictions.

No person licensed as a solicitor or peddler under this chapter shall park any vehicle upon any of the streets, highways or alleys of the Township in order to sort, rearrange or clean any of his goods, wares, services or merchandise; nor shall any such person place or deposit any refuse on any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.

§ 113-9 Stand or counter prohibited.

No persons licensed as a solicitor or peddler under this chapter shall occupy any fixed location upon any of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.

§ 113-10 Records; supervision of licensees.

A. The Worcester Township Secretary shall keep a record of all licenses issued under this chapter.

B. The Township Secretary shall supervise the activities of all holders of such licenses.

§ 113-11 Suspension or revocation of license.

Any license issued under this chapter may be suspended or revoked at any time by the Worcester Township Secretary upon proof being furnished that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license or that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of Worcester Township.

§ 113-12 Noise restrictions.

No person licensed as a solicitor or peddler under this chapter shall hawk or cry his wares or services upon any of the streets or sidewalks of Worcester Township, nor shall he use any loudspeaker, bell, whistle or other device for announcing his presence by which the public is annoyed.

§ 113-13 Violations and penalties.

[Amended 8-21-1996 by Ord. No. 150]

Any person who shall violate any of the provisions of this chapter shall be subject to a penalty as provided in Chapter 1, Article II, General Penalty, to be collected by suit or summary proceeding brought in the name of Worcester Township before the District Justice having jurisdiction in accordance with the procedures authorized by Clause XLI of Section 702 of the Second Class Township Code, as amended by Act No. 88-20.[1] All fines and penalties collected for violation of the provisions of this chapter shall be paid over to the Township treasury.

[1] Editor's Note: See 53 P.S. § 66601.