[HISTORY: Adopted by the Borough Council of the Borough of Penndel 7-3-1967; amended in its entirety 9-8-2008 by Ord. No. 2008-4 (Ch. 89 of the 1976 Borough Code). Subsequent amendments noted where applicable.]
From and after the effective date of this chapter, it shall be unlawful for any person not exempted by § 280-8 of this chapter who is not a holder of a valid and unexpired license issued pursuant to this chapter to sell or offer to sell or to solicit by hawking, peddling or vending, or to do any transit retail business of any goods, wares, printing matter, services, merchandise or food products of any description, or to solicit contributions, gifts or pledges of money or other thing of value by visitation to private homes or residences or on the public streets or highways of the Borough of Penndel, Bucks County, Pennsylvania.
A. 
Any person not exempted by § 280-8 of this chapter desiring to obtain a license to engage in the activities described in § 280-1 hereof shall make application therefor, in person, to the Borough of Penndel. The applicant shall supply over his signature the following information:
(1) 
Full name of the applicant and the local address, if any.
(2) 
Place and date of birth.
(3) 
Permanent address of the applicant.
(4) 
The address at which the applicant will receive notices under this chapter.
(5) 
The name and address of his or her employer or principal, if any, and the nature of the business activity thereof.
(6) 
The nature of the business or activity in which the applicant wishes to engage within the Borough of Penndel.
(7) 
A statement as to whether the applicant has been convicted in any jurisdiction of any crime and, if so, where, when, the nature of the offense, and the punishment and penalty imposed therefor.
(8) 
A statement as to the name, address and nature of employment of the applicant's previous two places of employment.
(9) 
License and type of vehicle, if any, being used by the applicant, in whose name the vehicle is registered, and the address shown on the vehicle registration (include a copy of the vehicle registration).
B. 
The applicant shall, together with the application, submit to the Borough of Penndel his or her photograph and a written description of himself or herself. The applicant must further exhibit to the Borough of Penndel any driver's license which might have been issued to the applicant by any issuing authority.
C. 
The Borough Secretary aforesaid shall submit such application to the Penndel Borough Police Chief or designate for verification of information, and if satisfactory and submitted together with the fee hereinafter provided for and so approved, a license shall be issued within seven days thereafter. Said license shall be valid for a thirty-day period.
In addition to providing the aforesaid information, the applicant shall pay the sum prescribed as applicable per the fee schedule to the Borough of Penndel for the use of the Borough of Penndel. Upon submission of said application and supporting evidence of identification and approval of the same, as aforesaid, and the payment of the fee aforesaid, there shall be issued to the applicant, after a lapse of seven days, a license in the form of a card which shall, until revoked, entitle the licensee to engage in the activities described in § 280-1 hereof until 30 days from the date of issuance, upon which said date the aforesaid license shall become null and void. (The aforesaid license may be renewed for an additional period of 30 days, upon payment of the fee hereinabove provided for and by the applicant's filing an amendment of the original application to reflect any changes necessary in the information therein contained, but such renewed license may be issued without waiting the seven-day period as hereinbefore provided in the issuance of such original license.) If renewal is sought, all verification of information will be rechecked.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every person to whom a license has been issued hereunder shall, in the carrying on of his or her activity in the Borough of Penndel, comply with the following rules of conduct:
A. 
He or she shall carry his or her license card at all times and exhibit it upon request to any police officer or any person upon whom he or she shall call and with whom he or she shall talk in carrying on his or her licensed activity.
B. 
He or she shall not permit any person to have possession of the said license card and shall immediately report its loss to the Secretary and Police Department of the Borough of Penndel.
C. 
He or she shall not cause or permit the said license card to be altered or defaced.
D. 
He or she shall not enter or attempt to enter any dwelling house without invitation or permission of the occupant and shall immediately leave any premises upon request.
E. 
He or she shall not represent the aforesaid license card to be an endorsement of the licensee or of his goods or the services of his or her principal or employer.
F. 
He or she shall immediately surrender the license card upon revocation of the license as hereinafter provided.
G. 
He or she shall carry on the activity licensed hereunder only between the hours of 9:00 a.m. and 5:00 p.m., or sunset, whichever comes first, Mondays to Saturdays, inclusive, except legal holidays, with the exception of vendors of ice cream and similar products that use motor vehicles to sell their products, who shall be permitted to carry on this activity only between the hours of 12:00 noon and sunset, Sundays to Saturdays, inclusive.
H. 
A license issued shall become void upon the termination of the employment or agency of the holder of the license or upon the change in circumstances which would cause any of the statements made upon the application to be inaccurate or superseded.
A. 
Borough Council is authorized to immediately suspend or revoke any license issued under this chapter when such suspension or revocation is deemed beneficial to the public health, safety, morals and/or welfare, or for violation of any of the provisions of this chapter, or for giving false information upon any application for a license hereunder.
B. 
Any license hereinafter issued may also be immediately revoked by the Borough of Penndel upon the failure of the licensee to comply with the standards of conduct established in § 280-4 hereof, or upon ascertainment that the licensee has made any false statement in his or her application for license hereunder, or upon such licensee's being arrested or convicted of any crime involving moral turpitude.
The notice of revocation shall be given by written notice, personally served or sent by certified mail to the address designated for this purpose in the application for license.
Any person whose license has been revoked or suspended shall be entitled to appear, with counsel, if he or she so desires, before Borough Council at a regular or special meeting and be heard on behalf of a request for reinstatement or reissuance of said license.
The following persons are exempt from the license requirements of this chapter:
A. 
Farmers selling their own produce.
B. 
Persons who engage in 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. 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk or milk products, provided that the term "milk or milk products" shall not include or apply to ice cream or other frozen desserts.
D. 
Any honorably discharged soldier, sailor or marine of the military or naval service of the United States who is a resident of this commonwealth and who is unable to earn a livelihood by manual labor.
E. 
Persons soliciting contributions on behalf of organizations or nonprofit corporations exempt from the provisions of or duly registered pursuant to the Solicitation of Charitable Funds Act,[1] 1963, August 9, P.L. 628, as amended, who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
F. 
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in the activity described in § 280-1 hereof while so engaged, including, but not limited to, real estate, insurance or security brokers and salesmen.
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be subject to a fine of not more than $600 or imprisonment for a term not to exceed 30 days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).