[HISTORY: Adopted by the Board of Commissioners
of the Township of South Whitehall 12-3-1972 by Ord. No. 154. Amendments
noted where applicable.]
[Amended 12-22-1977 by Ord. No. 267]
A.
ADULT MATERIAL
PEDDLER
PEDDLING
PERSON
STREET
For the purpose of this chapter, the following terms
shall have the meanings indicated:
Stock and trade books, magazines and other periodicals, photographs, motion picture films, slides or videotape, disc or similar items for the reproduction of images, which are distinguished or characterized by their emphasis on matter depicting or describing or relating to "specified sexual activities" as defined in Chapter 350, Zoning, of the Township of South Whitehall or "specified anatomical areas" as defined in Chapter 350, Zoning, of the Township of South Whitehall.
Any person who shall engage in peddling as hereinabove defined.
Engaging in peddling, canvassing, soliciting or taking orders,
either by sample or otherwise for any goods, wares, merchandise or
services to be furnished or performed now, or in the future, upon
any street in the Township of South Whitehall, or from door-to-door
going in and upon private residences and residential properties within
the Township.
Any person, association, partnership, firm or corporation.
Any street, road, highway or alley within the lines of or
alongside of the same.
B.
In this chapter, the singular shall include the plural,
the plural shall include the singular and the masculine shall include
the feminine and the neuter.
A.
Except as hereinafter described as it applies to religious
proselytizing, anonymous political speech and the distribution of
handbills, it shall be unlawful for any peddler to engage in business
within the Township of South Whitehall without first obtaining a license
therefor, in compliance with the provisions of this chapter.
(1)
Exceptions. No license fee shall be charged:
(a)
To farmers selling their own produce.
(b)
For 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.
(c)
To any manufacturer or producer in the sale
of bread and bakery products, meat and meat products or milk and milk
products.
(d)
To children under the age of 18 years who take
orders for and deliver newspapers, greeting cards, candy, bakery products
and the like, or who represent the Boy Scouts or Girl Scouts or similar
organizations.
(e)
To the seeking or taking of orders by insurance
agents or brokers licensed under the insurance laws of the Commonwealth
of Pennsylvania.
(f)
To a person who has complied with the provisions
of the Solicitation of Funds for Charitable Purposes Act, 10 P.S.
§ 162.1 et seq., as hereafter amended, supplemented, modified
or reenacted by the General Assembly of Pennsylvania.
(g)
For taking orders for merchandise, by sample,
from dealers or merchants for individuals or companies who pay a license
or business privilege tax at their chief place of business.
B.
But all persons exempted hereby from the payment of
the license fee shall be required to register with the Chief of Police
and obtain a license without fee; provided, any person dealing in
one or more of the above mentioned exempted categories, and dealing
with other goods, wares or merchandise not so exempted, shall be subject
to the payment of the license fee fixed by this section for his activities
in connection with the sale of goods, wares and merchandise not in
such exempted categories. Provided, further, the Chief of Police may
similarly exempt from payment of the license fee, but not from registering
with him, persons working without compensation and selling goods,
wares or merchandise for the sole benefit of a nonprofit corporation.
Provided, further, every license issued under the provisions of this
chapter shall be issued on an individual basis to any person or persons
engaging in such business; every individual shall obtain a separate
license, issued to him in his name, and the license fee hereby imposed
shall be applicable to every such individual license, except that
a representative of a charitable organization may obtain licenses
for the applicants.
A.
Applicants for a license under this chapter must file
with the Chief of Police an application, in writing on a form to be
furnished by said officer, which shall give the following information:
(1)
Name and description of the applicant.
(2)
Permanent home address and full local address of the
applicant.
(3)
Motor vehicle registration, if any, and Social Security
number.
(4)
A brief description of the nature of the business
and the goods or services to be sold or furnished.
(5)
If employed, the name and address of the employer,
together with credentials establishing the exact relationship.
(6)
The length of time for which the right to do business
is desired.
(7)
The place where the goods or property proposed to
be sold or orders taken for the sale thereof, are manufactured or
produced, where such goods or products are located at the time said
application is filed and the proposed method of delivery.
(8)
A statement as to whether or not the applicant has
been convicted of any crime, misdemeanor, or violation of any municipal
ordinance, the nature of the offense and the punishment or penalty
assessed therefor.
(9)
A statement as to whether the customer is to receive
a signed receipt if a down payment is made.
B.
At the time of filing the application, the applicant
shall submit copies of the receipt, contract and other forms that
attend the sales transaction. The applicant shall also submit one
self photo not larger than 1 1/4 inch by 1 1/4 inch.
A.
Upon receipt of such application, the Chief of Police
shall cause such investigation of the applicant's business and moral
character to be made as he deems necessary for the protection of the
public good.
B.
If as a result of such investigation, the applicant's
character or business responsibility is found to be unsatisfactory,
the Chief of Police shall endorse on such application his disapproval
and his reason for the same.
C.
If as a result of such investigation, the character
and business responsibility of the applicant are found to be satisfactory,
the Chief of Police shall endorse on such application his approval
and forward the application to the permit clerk who shall execute
a license addressed to the applicant for the carrying on of the business
applied for. Such license shall contain the signature of the issuing
officer and shall how the name, address and photograph of said licensee,
the date of issuance and the length of time the same shall be operative,
as well as the license number and other identifying description of
any vehicle used in such peddling. The Permit Clerk shall keep a permanent
record of all licenses issued.
D.
Within not more than 10 days following the filing
of the application, the applicant shall be notified that his application
has been approved or disapproved, and if disapproved, the reasons
therefor.
E.
No license issued under this chapter shall be transferable
from one individual to another individual.
B.
No fee shall be charged for a license for noncommercial
dissemination or economic, political, cultural or religious information,
but anyone engaged in the dissemination of such information shall
secure a license as aforesaid.
C.
No fee shall be charged of any member of a chartered
nonprofit charitable service or youth organization, but any such member
engaged in peddling as defined herein shall secure a license as aforesaid.
D.
A business privilege license or tax shall be required.
Every peddler shall, at all times while engaged
in peddling within the Township of South Whitehall, carry such license
upon his person and shall exhibit such license, upon request, to any
person within said Township. No person shall engage in selling any
goods, wares or merchandise other than that mentioned upon such license,
nor shall any person engage in peddling within the Township of South
Whitehall unless he holds a valid and unexpired license issued to
him in his name.
No peddling from door to door shall be permitted
within the Township of South Whitehall during the period from 10:00
p.m. to 8:00 a.m.
The Chief of Police shall maintain a record
of all convictions for violations of this chapter for each license
issued.
[Amended 12-22-1977 by Ord. No. 267]
No peddler shall occupy any fixed location upon
any of the streets or public places in the Township of South Whitehall
for the purpose of peddling or shall engage in peddling any adult
material as defined herein.
The Chief of Police shall have the authority
to revoke any license issued under this chapter for any of the following
reasons:
A.
Fraud, misrepresentation or false statement contained
in the application for a license.
B.
Fraud, misrepresentation or false statement made in
the course of carrying on his business as a peddler.
C.
Any violation of this chapter.
D.
Conviction of any crime or misdemeanor involving moral
turpitude.
E.
Conducting the business of peddling in an unlawful
manner or in such a manner as to constitute a breach of the peace
or to constitute a menace to the health, safety or general welfare
of the public.
Any person aggrieved by the action of the Chief
of Police in the denial or revocation of a license as provided by
this chapter shall have the right of appeal to the Board of Commissioners
of the Township of South Whitehall. Such appeal shall be taken by
filing with the Township Manager, 14 days after notice of the action
complained of has been mailed to such person's last known address,
a written statement setting forth fully the grounds for the appeal.
The Board of Commissioners shall set a time and place for a hearing
on such appeal and so notify the appellant. The decision and order
of the Board of Commissioners shall be final.
All annual licenses issued under the provisions
of this chapter shall expire on December 31 in the year issued.
[Amended 2-7-1989 by Ord. No. 449[1]]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine not to exceed $1,000 plus costs and, in default of payment
of said fine and costs, to imprisonment for a term not to exceed 30
days. Each day that a violation of this chapter continues shall constitute
a separate offense.
