The following words shall be construed to have the meanings
set forth below; and, throughout this chapter, the singular shall
include the plural, and the masculine gender shall include the feminine
and neuter:
CANVASS
The practice of going from dwelling unit to dwelling unit
to:
A.
Conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government);
B.
To make analyses, to take opinion polls, to compile rating data;
C.
To advance or advocate religious, political causes, other issues
of public concern, and proselytizing or seeking contributions with
regard thereto; and
D.
To conduct any similar work which, by its nature, involves door-to-door
to place-to-place activity, including distribution of circulars.
MERCHANDISE OR SERVICES
Any goods or services, including, but not limited to, magazines,
periodicals, books, orders or contracts for services, home improvements
or alterations.
REGISTRANT
Any solicitor or peddler required to apply for a registration
certificate under this chapter and shall include all agents and employees
of the solicitor.
SOLICIT OR PEDDLING
The practice of going from dwelling unit to dwelling unit
advertising, promoting, selling, causing to be sold, offering for
sale or taking orders for present or future delivery of merchandise
or services. Solicit, or peddling does not include a series of licensed
entries on private property (e.g., milkman making normal deliveries)
or any activity within the definition of "canvass" set forth above.
TOWNSHIP
The municipal government or the land within the geographical
boundaries of Middlesex Township, Butler County, Pennsylvania, depending
upon the context.
No person shall solicit or peddle in the Township without first
having obtained a permit from the Township Manager, or his or her
delegate. A permit or registration for individuals engaging in canvassing
shall not be required.
Each person desiring to engage in soliciting or peddling shall
first make application to the Township one week prior to engaging
in such soliciting or peddling. Such application shall be provided
by the Township and shall contain the following information verified
by oath or affirmation for each applicant: what he/she desires to
solicit for; the days, dates of the registrant's soliciting or
peddling; his/her name, home address, a statement as to whether he/she
has been convicted of a criminal offense, and, if so, the date of
conviction and disposition; the make, model, year, color, and registration
of the vehicle, if any, he/she will use; a copy of a current driver's
license. Signature denotes authorization to conduct a criminal history
inquiry. The Township will conduct a criminal history background check
based on information received and following that, if all information
is in order, will issue to the applicant a permit. Such permit may
not be transferred from one person to another.
The following fees will be charged for the issuance of a permit,
and will accompany the registrant's solicitor's identification
badge and a copy of this chapter:
A. Application fee: $15 to cover administrative costs and any criminal
history check required; and
B. Solicitor's fee: $50 per month or any part thereof; $10 per
person, whichever is greater.
In the event an application for a permit to solicit or peddle
is disapproved by the Township Manager or delegate, the applicant
may, within five days of the denial, appeal the decision to the Township
Board of Supervisors which shall set a time and place for a hearing.
This hearing shall be held within 30 days after appeal is taken by
applicant, at which hearing the applicant will be given the opportunity
to present reasons why the permit should be issued. The decision of
the Township Board of Supervisors shall be made within 10 days of
the appeal hearing, and shall be final.
The Township Manager may revoke the permit for any of the following
causes:
A. Fraud, misrepresentation or false statement contained in the application
for license;
B. Fraud, misrepresentation or false statement made in the course of
carrying on his/her business as solicitor, peddler, or transient merchant
or itinerant vendor;
C. Any violation of this chapter;
D. Conviction of any crime involving moral turpitude; or
E. Conducting his/her business in an unlawful manner or in such a manner
as to constitute a menace to the health, safety or general welfare
of the general public.
The terms of this chapter shall not apply to:
A. Persons selling personal property at wholesale to dealers in such
articles, and the provisions of this chapter shall not apply to the
acts of merchants or their employees in delivering goods in the regular
course of business, nor shall the terms of this chapter be held to
include or apply to any farmer or truck gardener who shall vend, sell
or dispose of or offer to sell, vend or dispose of the products of
the farms or garden occupied and cultivated by him; nor shall it apply
to any manufacturer or producer in the sale of bread, bakery or dairy
products, meat and meat products or milk or milk products; nor shall
it apply to any person who is delivering gasoline, kerosene or other
heating and/or cooking fuels to a residence. Nothing contained in
this chapter shall be held to prohibit any sale required by statute
or by order of any court, or to prevent any person conducting a bona
fide auction sale pursuant to law.
B. In addition, this chapter shall not apply to boys or girls 19 years
of age or younger who take orders for and deliver newspapers, greeting
cards, candy and the like, or who represent the Boy Scouts and Girl
Scouts or similar organizations and take orders for and deliver cookies
and the like, or who are members of a school, church or other charitable
or civic organization.
C. Any person who works for an organization which has been registered
with the Pennsylvania Department of State, as required by Act No.
337, approved August 9, 1963, known as the "Solicitation of Charitable
Funds Act," 10 P.S. § 160-1 et seq., shall not have to register with the Township, but such
organization shall cause notice to be given to the Township that such
person will be soliciting in the Township; any such person shall carry
an appropriate identification card issued by the organization for
which he or she works.
D. Persons who are acting as representatives of accredited war veterans
organizations.