Township of Uwchlan, PA Peddling and Soliciting

From and after the enactment hereof, it shall be unlawful for any person who is not the holder of a valid and unexpired Uwchlan Township solicitor's permit card, issued pursuant to Ordinance No. 95-01, as amended, to engage in selling, purchase or 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, or to engage in making surveys, or to distribute samples by visitation to private homes, residences or businesses, or on public streets or highways of Uwchlan Township, provided that minor persons being under 18 years of age engaged in selling merchandise or soliciting contributions as part of their school, athletic or service organization activities shall be exempted from all the requirements of this article. Nothing in this section shall preclude the distribution of political or religious flyers, pamphlets, or tracts at no cost, or require that individuals merely engaging in religious or political speech be required to register under this chapter.

§ 184-2 Application.

Any person desiring to obtain a Uwchlan Township solicitor's permit card to engage in the activities described in § 184-1 hereof shall make application therefor, in person, to the Township Secretary. The applicant shall supply, over his/her signature, the following information: 1) true name; 2) place and date of birth; 3) temporary address; 4) residence address; 5) the address at which he/she will receive notices under this article; 6) the name and address of his/her employer or principal, if any, and the nature of the business activity thereof; 7) the name, address and drivers' license numbers (if applicable) of everyone who will engage in soliciting if said permit is issued; 8) the nature of business or activity in which the applicant wishes to engage within the Township; 9) a true statement as to whether the applicant has been convicted in any jurisdiction of any crime other than minor traffic violations and, if so, what crime or crimes; and 10) a request for a Pennsylvania State Police criminal background check and the results of said background check for each individual who will engage in soliciting if said permit is issued. No background check may be older than 30 days prior to the date the application is filed. The applicant shall, together with his/her application, submit to the Township Secretary his/her photograph and a written description of the applicant, all recorded by the Uwchlan Police. Unless exempted by § 184-6 hereof, at this time a fee in the amount set from time to time by the Board of Supervisors shall be paid to defray the cost of administering this article.

[Amended 10-22-2009 by Ord. No. 2009-04; 7-13-2015 by Ord. No. 2015-05]

Between the date that the application is received by the Township Secretary and the date of issuance of the Uwchlan Township solicitor's permit card, if in fact such card is to be issued, the Uwchlan Township Police Department shall have 10 working days, excluding holidays and weekends, to verify the information as provided on the application form. Upon approval of the application, payment of the fee, unless exempted by § 184-6 hereof, stated herein, and verification of the information as required, a license may be issued permitting the activity specified for a period of one year from the date of issuance, provided that the Township Manager may refuse to issue a license if he/she has reasonable grounds for such action. If approved, the applicant and everyone listed on said application who will be soliciting, shall be issued a Uwchlan Township solicitor's permit card, each card to be issued to each particular individual and to be used only by that individual.

Licenses may be renewed annually upon payment of a fee as set from time to time by resolution of the Board of Supervisors, unless exempted by § 184-6 hereof, provided that an amendment to the original application is submitted which reflects any changes in information contained in the original application.

[Amended 10-22-2009 by Ord. No. 2009-04]

§ 184-3 Regulations.

Every person to whom a license has been issued shall, in the carrying on of his/her business or activities in the Township, comply with the following rules of conduct:

The individual shall carry and exhibit the Uwchlan Township solicitor's permit card at all times.

The licensee shall not permit any other person to have possession of the permit card and shall immediately notify the Township Secretary of its loss. This person shall not cause or permit the permit card to be altered or defaced.

He/she shall not enter or attempt to enter any dwelling house, business or industry without invitation or permission of the occupant and shall leave the property upon request.

[Amended 7-13-2015 by Ord. No. 2015-05]

The individual shall not represent the Uwchlan Township solicitor's permit card to be an endorsement of himself/herself or of his/her goods or of the goods or services of his/her principal or employer.

The approved vendor, employees or agents thereof shall not engage in any business or activity authorized under § 184-1 except between the hours of 8:00 a.m. and 8:00 p.m. of the then current prevailing time.

The approved vendor shall not permit the throwing or discarding of any paper, debris or other such items upon the public streets, highways or other places of Uwchlan Township.

All mobile vehicles for the purpose of vending food products shall have suitable trash and recycling containers clearly marked as such, and the vehicle shall clearly bear the markings and identifications of the licensed vendor. The vehicle must clearly display any and all required licenses from any federal, state, county and/or local agency.

The approved vendor shall not conduct his/her business activity at any geographical location within Uwchlan Township that is deemed to be unsafe due to traffic hazards or other similar situations by the Township Manager, Chief of Police or other designate as authorized by Uwchlan Township.

The approved vendor shall immediately surrender his/her Uwchlan Township solicitor's permit card and all permit cards of his/her employees or agents upon revocation and notification of revocation of said license as herein provided.

The approved vendor shall notify the Uwchlan Township Police Department on a daily basis of the times and locations of any and all activities being conducted in the Township.

A permit card issued pursuant to this chapter is not transferable to any other person or entity. A permit card issued pursuant to this chapter is not transferable to any employee or agent of a licensee who is not listed in the licensee's permit card application. 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 permit cards for his employees or agents.

[Added 7-13-2015 by Ord. No. 2015-05]

A permit card issued pursuant to this chapter shall be valid only for engaging in the specific business, activity, or purpose provided in the permit card application. A licensee shall not engage in any business, activity, or purpose authorized under § 184-1 other than that which was provided in the permit card application.

[Added 7-13-2015 by Ord. No. 2015-05]

The licensee shall not engage in peddling or soliciting in a manner that:

[Added 7-13-2015 by Ord. No. 2015-05]

(1)

Is intended to or is likely to intimidate a person into responding affirmatively to the peddling or soliciting activity; or

(2)

Is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon a person's property.

§ 184-4 Revocations.

[Amended 7-13-2015 by Ord. No. 2015-05]

Any license hereafter issued may be immediately revoked by the Uwchlan Township Police or the Township upon the failure of the licensee to comply with the standards of conduct established by § 184-3 hereof or upon ascertainment that the licensee has made any false statement in the application for license. Notice of revocation shall be given by written notice personally served or sent by registered mail to the address designated for this purpose in the application for license.

§ 184-5 Appeals.

Any person whose application has been denied or whose license has been revoked shall be entitled to appear with counsel, if he/she so desires, before the Board of Supervisors at a regular or special meeting and be heard in behalf of a request for approval of a license or for reinstatement of the license.

§ 184-6 Exemptions.

[Amended 10-22-2009 by Ord. No. 2009-04]

The following persons are exempted from the licensing fee and renewal fee requirements of § 184-2 of this article, provided that such persons shall comply with all other provisions of this article, including but not limited to the requirement to carry and exhibit the Uwchlan Township solicitor's permit card at all times:

Persons soliciting contributions on behalf of charitable organizations exempted from the provisions of, or duly registered pursuant to, the Solicitation of Funds for Charitable Purposes Act, as amended, Act of December 19, 1990, P.L. 1200, No. 202, 10 P.S. § 162.1 et seq.

Farmers engaged in selling only the produce of their own farms from a truck or other vehicle only while selling such on his/her own property.

Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 184-1 hereof, when so engaged, including, with limitation, real estate, insurance or securities brokers and salesmen.

Authorized persons engaged in making surveys or collecting information for the federal, state, county or Uwchlan Township government or any agency thereof. Also exempt shall be authorized persons engaged in making surveys or collecting information for bona fide educational or quasi-governmental agencies if each activity has been previously approved by the Board of Supervisors.

§ 184-7 Violations and penalties.

[Amended 3-24-1997 by Ord. No. 97-05; 10-22-2009 by Ord. No. 2009-04]

Any person who violates any provisions of this article shall be subject to a criminal fine in an amount not to exceed $1,000, plus the cost of prosecution, including reasonable attorneys' fees, for each such violation. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each sale or offer to sell shall constitute a separate violation. Each intentionally falsified application form submitted shall constitute a separate violation of this section. Enforcement of this article shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney.

§ 184-7.1 List of homes not wishing to be solicited.

[Added 7-13-2015 by Ord. No. 2015-05]

Any resident of Uwchlan Township may register with the Uwchlan Township Police Department by signing a registration application indicating that such owner or resident of such home does not wish to be solicited.

Any person seeking a permit card under the provisions of this chapter shall, in signing the application to obtain the same, agree that he or she will not solicit homes whose owners or residents have signed a registration list which indicates that such owner or resident of such home does not wish to be solicited. Such a list shall be held by the Police Department, and a copy thereof shall be given to each person obtaining a license and identification card under the provisions of this chapter. In the event that such person soliciting within the boundaries of the Township shall fail to recognize the wishes of the homeowner or the resident of such home expressed in the notice, then any such attempt to solicit such home shall result in a revocation of the solicitor's license and identification card.

Article II Transient Retail Merchants

[Adopted 2-23-1998 by Ord. No. 98-02]

§ 184-8 Permit required.

Any person desiring to engage in the business of door-to-door sales in Uwchlan Township shall, prior to engaging in said business, register with the Uwchlan Township Municipal Office and apply for and obtain a transient retail merchant's permit.

§ 184-9 Licensing period; fee.

[Amended 10-22-2009 by Ord. No. 2009-04]

The transient retail merchant's permit shall be valid for a period of no more than 30 days. A fee as set from time to time by resolution of the Board of Supervisors per permit shall be due and payable from the applicant at the time of issuance of the permit.

§ 184-10 Violations and penalties.

[Amended 10-22-2009 by Ord. No. 2009-04]

Any person who violates or permits the violation of this article shall, upon being found liable therefor in an appropriate proceeding commenced by the Township, pay a fine of no more than $600 plus all court costs, including reasonable attorneys' fees, incurred by the Township.