No person shall vend, market, peddle, canvass, and sell merchandise,
wares, goods and/or services from house to house or at any location within
the Borough of Emsworth without having previously obtained a permit to do
so in accordance with the provisions of this chapter.
[Amended 11-10-1999 by Ord. No. 909]
A. Any person desiring to engage in any of the activities described in §§
169-1 and
169-5 hereof shall first make a written application to the Borough Secretary, Borough Administrative Offices or the Borough's designated agent for a permit. He shall, when making said application, exhibit a valid license from any state or county office, if such a license is also required. The written application shall contain the following information and any other additional data as may reasonably be required for the Borough to make a decision as to the issuance of the permit:
[Amended 11-13-2002 by Ord. No. 931]
(1) Name, age, sex, home and business addresses and telephone
numbers, both home and office.
(2) Name and address of applicant's employer, if any,
or the organization for which he is soliciting. Only one application per organization
is required; however, all solicitors for each organization must be registered.
(3) A description of the types of goods, wares and merchandise
he wished to deal with in such transient retail business or the purposes for
which contributions are being solicited.
(4) Length of time for which the permit is to be issued.
(5) Make, type and license number of all the vehicles to
be used during solicitation throughout the Borough.
(6) A valid photo identification card of all individuals
to be soliciting within the Borough. A copy shall be made for the Borough
files.
B. The Borough of Emsworth reserves the right to verify
any and all information contained in the application or request any additional
information as the Borough deems advisable.
C. The permit fee schedule as set forth in §
169-3 shall be paid prior to the first date on which the applicant desires to conduct his business or solicit within the Borough.
As used in this chapter, the following terms shall have the meanings
indicated:
DAY
That part of a calendar day beginning at 9:00 a.m. and ending at
8:00 p.m., local time.
HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas.
[Added 11-10-1999 by Ord. No. 909]
PERSON
Any natural person(s), firm, partnership, association, organization
or corporation.
TRANSIENT RETAIL SERVICES [Added 11-10-1999
by Ord. No. 909]
A.
Engaging in peddling, soliciting, canvassing, vending or taking orders,
either by sample or otherwise, for any goods, wares or merchandise upon any
street, alley, sidewalk or public crowd, or from house to house, within the
Borough.
B.
Selling, soliciting, or taking orders for any goods, wares or merchandise
from a fixed location within the Borough, on a temporary basis, which shall
include, but not be limited to, such activities conducted at the time of special
occasions or celebrations, for seasonal purposes or for yearly holidays.
C.
Canvass by means of the practice of going from dwelling unit to dwelling
unit to conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government), to make analyses, to take
opinion polls, to compile rating data and to conduct any similar work which,
by its nature, involves door-to-door or place-to-place activity, including
the obtaining of contributions or donations for any person or organization
and the advancement of religious, social, or political causes and proselytizing
with regarding thereto.
[Amended 11-10-1999 by Ord. No. 909]
A. Notwithstanding any provision of this chapter, there
shall be no soliciting from door to door on Sundays or any holidays, although
soliciting from a single business location shall be permitted on Sundays or
any holidays.
B. No person in any transient retail business shall:
(1) Sell any product or type of product not mentioned in
his written application or issued permit.
(2) When operating from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing or walking in the immediate
vicinity except as part of an organized fair or festival.
(3) Carry on transient retail business activities at a private
residence or business premises exhibiting a sign reading "no solicitor" or
words of similar sign, not to exceed 100 square inches in size, and may be
placed on residential or business premises for the purpose set forth in this
chapter and this section, and conspicuously displayed near the entrance or
doorway.
(4) Carry on transient retail business activities at a private
residence or business premises detailed and enumerated on the "list of residences
requesting no solicitation" (no soliciting list) as supplied by the Borough
to any permit holder.
C. The Borough Secretary or Borough Administrative Officer
shall supervise the activities of all persons holding permits. He shall keep
a detailed record of all written applications and permits issued hereunder.
D. The Borough Secretary or Borough Administrative Officer
shall maintain an updated list of the address of Borough residents who have
stated in writing to the Borough Secretary's office that they do not
wish to be solicited at any time. Borough residents' addresses shall stay
upon this (no soliciting list) until such time as they submit a writing to
the Borough Secretary's office that they wish to be removed.
Any person violating the provisions of this chapter shall, upon conviction
thereof by any District Justice or other court of competent jurisdiction,
be sentenced to pay a fine of not more than $600 for each offense, plus costs
of prosecution, and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days.