[Ord. 1984-1, 2/28/1984, § 1]
Unless otherwise expressly stated, the following words, items
and phrases, when used in this Part, shall have the meanings ascribed
to them in this section:
Any mechanical, electronic, video, computerized or combination
thereof device, machine or apparatus whatsoever for the playing of
games and amusements, which upon the insertion of a coin, slug, token,
plate or disc may be operated as a game, entertainment or amusement,
whether or not registering a score and whether or not a prize is offered.
Any person who shall, either as owner or agent, sell, lease,
lend, deliver or furnish to or place or cause to be placed in the
possession of any operator, any amusement device or jukebox as defined
herein.
Any music box or phonograph that operates upon the insertion
of a coin, slug, token, plate or disc.
The period commencing April 1 of each calendar year and continuing
through March 31 of the following calendar year.
Any person who shall at any time keep, operate, have in his
possession or hold out to the public for use by the public in any
business establishment or in any public place within the Township
of Manchester any amusement device or jukebox as defined herein.
Any individual, partnership, unincorporated association or
corporation, whether or not operated for profit.
[Ord. 1984-1, 2/28/1984, § 2]
For the license year 1984, commencing April 1, 1984, and for
each calendar year thereafter, no person shall act as an operator
or distributor of any amusement device or jukebox within the Township
of Manchester without first having procured a license for and paid
the required license fee for each such amusement device or jukebox,
as hereinafter provided by this Part.
[Ord. 1984-1, 2/28/1984, § 3]
Any person desiring to procure a license as operator of amusement devices or jukeboxes, as provided in § 13-102 of this Part, shall apply therefor, in writing, to Manchester Township each license year for which a license is sought. Said application shall be on a form furnished by the Township and shall set forth the name(s), the residence(s) of the person(s) applying as operator and the name of the owner(s) of the premises upon which the amusement devices or jukeboxes are to be installed and used and the location of said premises. The application shall also indicate the number of amusement devices and/or jukeboxes for which application is made and the distributor or distributors from which such devices or jukeboxes are to be secured.
[Ord. 1984-1, 2/28/1984, § 4]
Any person desiring to procure a license as a distributor of amusement devices or jukeboxes, as provided in § 13-102 of this Part, shall apply therefor, in writing, to Manchester Township each license year for which a license is sought. Said application shall be on a form furnished by the Township and shall set forth the name(s), residence(s) and place(s) of business of the person(s) so applying, together with the present and previous occupation of the applicant(s). Any license issued under this Part for a distributor, shall be nontransferable to any other person(s).
[Ord. 1984-1, 2/28/1984, § 5; as amended by Ord.
2002-01, 1/7/2002]
No license shall be issued to an operator until an annual license
fee shall have been paid to the Township of Manchester in an amount
to be established, from time to time, by resolution of the Board of
Supervisors.
[Ord. 1984-1, 2/28/1984, § 6; as amended by Ord.
2002-01, 1/7/2002]
No license shall be issued to a distributor until an annual
license fee in an amount to be established, from time to time, by
resolution of the Board of Supervisors shall have been paid to the
Township of Manchester.
[Ord. 1984-1, 2/28/1984, § 7]
Application for operator's or distributor's license for the initial year shall be made within 30 days of the effective date of this Part. Applications for each succeeding tax year shall be made on or before the commencement date of each such succeeding tax year (April 1). Persons applying for an operator's license during the license year or seeking to amend their license to provide for the installation of additional amusement devices and/or jukeboxes during the license year shall apply therefor and pay the license fee required by § 13-105 of this Part no later than 30 days following the installation of such amusement devices and/or jukeboxes.
[Ord. 1984-1, 2/28/1984, § 8]
On receipt of an application for an operator's license accompanied by the fee required by § 13-105 of this Part, Manchester Township shall issue a certificate to the operator paying the fee, which shall indicate the number of amusement devices and/or jukeboxes for which such fee has been paid. The operator shall post such certificate in a conspicuous location upon the premises at or near such amusement device and/or jukeboxes so licensed.
[Ord. 1984-1, 2/28/1984, § 9; as amended by Ord.
2002-01, 1/7/2002]
In the case of the loss, defacement or destruction of any certificate issued pursuant to § 13-108 of this Part, the person(s) to whom it was issued shall apply to the Township, who shall issue a replacement certificate upon the payment of a fee in an amount as established, from time to time, by resolution of the Board of Supervisors.
[Ord. 1984-1, 2/28/1984, § 10]
Nothing in this Part shall in any way be construed to authorize,
license or permit within Manchester Township any gambling devices
whatsoever, or any devices that have been judicially determined to
be a gambling device or are in any way contrary to any present or
future laws of the Commonwealth of Pennsylvania.
[Ord. 1984-1, 2/28/1984, § 11; as amended by Ord.
2002-01, 1/7/2002]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1987-7, 8/11/1987, § 1]
For the purpose of this Part, the following words used herein
shall be considered to have the meaning set forth in this section:
The selling of any goods, wares, merchandise, foodstuffs
or services for immediate delivery, but shall not include delivery
of regular order taken previously.
Any natural person, association, partnership, firm, organization
or corporation.
Any person who has obtained a valid certificate of registration
as provided in this Part, which certificate is in the possession of
the solicitor or peddler while engaged in soliciting or peddling.
Every separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
Any one or more of the following:
Seeking to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs, services of any kind, character or description whatsoever,
for future delivery.
Seeking to obtain prospective customers for application or purchase
of insurance of any type, kind or publication.
Seeking to obtain subscriptions to books, magazines, periodicals,
newspapers and every other type or kind of publication.
Seeking to obtain gifts or contributions of money, clothing
or any other valuable thing for the support or benefit of any charitable
or nonprofit association, organization, corporation or project, not
otherwise exempted by the provisions of this Part.
[Ord. 1987-7, 8/11/1987, § 2]
Every person desiring to engage in soliciting or peddling, as herein defined, unless exempted by the provisions of § 13-203 of this Part, from persons in residences or upon the highways within Manchester Township is hereby required to make written application for a certificate of registration as provided in this Part. Such certificate shall be carried by the solicitor or peddler at all times while engaged in soliciting or peddling within Manchester Township.
[Ord. 1987-7, 8/11/1987, § 3; as amended by Ord.
2002-01, 1/7/2002]
1.
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
newspaper, 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 as their chief place of business.
2.
But all persons exempted hereby from the payment of the license fee
shall be required to register with the Northern Regional Police Department
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 Township Manager
or his designee 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 Part 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.
[Ord. 1987-7, 8/11/1987, § 4]
1.
Every person desiring to engage in soliciting or peddling in Manchester
Township shall first make application to the Northern York County
Regional Police (NYCRP) for a certificate of registration. The application
shall be made upon a form provided by the NYCRP and shall contain
at least the following information verified by oath or affirmation:
A.
Full name of the applicant and local address, if any.
B.
Permanent address.
C.
Name of employer or a statement that such applicant is self-employed.
D.
The nature of the goods, wares, services or merchandise offered for
sale or the purpose of the organization and the nature of the solicitations
being made.
E.
A statement as to whether or not the applicant has ever been convicted
of any crime and if the answer is in the affirmative, the nature of
the offense or offenses and the punishments imposed there.
F.
The type of vehicle to be used, if any.
G.
Upon request, the applicant shall also submit to finger printing
and furnish a photograph.
2.
Where a person makes application for himself/herself and one or more
helpers, all applicable personal information specified above shall
be given by him/her and an individual certificate shall be required
for each helper. No certificate under this Part shall be transferable
from one person to another.
[Ord. 1987-7, 8/11/1987, § 5; as amended by Ord.
2002-01, 1/7/2002]
No certificate shall be issued under this Part until a fee in
an amount as established, from time to time, by resolution of the
Board of Supervisors shall be paid to the Northern York County Regional
Police Department and shall be retained by the Northern York County
Regional Police Department to offset its administrative costs in issuing
said certificates of registration. 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 certificates for his employees, agents
or servants.
[Ord. 1987-7, 8/11/1987, § 6; as amended by Ord.
2002-01, 1/7/2002]
The certificate granted pursuant to this Part shall be valid for 30 days after the date of such certificate and, upon the expiration of any certificate, if the person holding the same shall desire to continue or renew soliciting or peddling, he/she shall be required to file a new application for a permit and pay a new fee. Such certificates may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance of the fee in an amount to be established, from time to time, by resolution of the Board of Supervisors for each thirty-day period provided in § 13-205.
[Ord. 1987-7, 8/11/1987, § 7]
Such certificate, when issued, shall state, inter alia, the
products to be sold or services rendered by the holder. Every solicitor
or peddler shall at all times, when engaged in soliciting or peddling
within Manchester Township, carry such certificate upon his/her person
and shall exhibit it upon request to all police officers, Township
officials and citizens. No solicitor or peddler shall engage in selling
any product or service not mentioned on such certificate.
[Ord. 1987-7, 8/11/1987, § 8]
1.
Every person desiring to secure the protection provided by the regulations
pertaining to soliciting or peddling contained in this Part, including
those exempted from registration shall comply with the following:
A.
Notice
of the determination by the occupant of any residence of the refusal
of invitation to solicitors or peddlers to the residence shall be
given by exhibiting a card, at least three inches by four inches in
size, upon or near the main entrance door to the residence containing
the words "No Solicitors Invited" or "No Solicitors" or some other
phrase that shall give notice to solicitors or peddlers. The letters
shall be at least 1/3 inch in height and such card so exhibited shall
constitute sufficient notice to any solicitor or peddler of the determination
by the occupant of the residence of the information contained thereon.
[Ord. 1987-7, 8/11/1987, § 9]
It shall be the duty of every solicitor or peddler whether or
not required to secure a certificate of registration upon going into
any premises inn Manchester Township upon which a residence is located
to first examine the notice provided for in this Part, if any is attached,
and be governed by the statement contained on any notice. If such
a notice is posted, then the solicitor or peddler shall immediately
and peacefully depart from the premises. Any solicitor or peddler
who has gained entrance to any residence whether invited or not shall
immediately and peacefully depart from the premises when requested
to do so by the occupant.
[Ord. 1987-7, 8/11/1987, § 10]
It is here declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting or peddling in defiance of the notice exhibited at the residence in accordance with the provisions of § 13-208 of this Part.
[Ord. 1987-7, 8/11/1987, § 11]
It is hereby declared to be unlawful and shall constitute a
nuisance for any person whether registered under this Part or not
to go upon any premises and ring the doorbell upon or near any door
of a residence located thereon or rap or knock upon any door to create
any sound in any other manner calculated to attract the attention
of the occupant of such residence for the purpose of securing an audience
with the occupant thereof and engage in soliciting or peddling prior
to 9:00 a.m. or after 9:00 p.m. of any weekday or at any time on a
Sunday or on a State or National holiday. Such time shall be the prevailing
time, whether Easter Standard Time or Daylight Saving Time.
[Ord. 1987-7, 8/11/1987, § 12]
No person whether registered as a solicitor or peddler under
this Part or not, shall park any vehicle upon any of the streets,
highways or alleys of Manchester Township in order to sort, rearrange
or clean any of his goods, wares, services or merchandise. No such
person shall place or deposit any refuse on any such streets, highways
or alleys. No such person shall maintain or keep a street or curbstone
market by parking any vehicle upon any street or alley in Manchester
Township for any longer than necessary in order to sell therefrom
to persons residing in the immediate vicinity.
[Ord. 1987-7, 8/11/1987, § 13]
No person licensed as a solicitor or peddler under this Part
shall occupy any fixed location upon any of the sidewalks of the streets,
highways, alleys or sidewalks of Manchester Township for the purpose
of soliciting or peddling with or without any stand or counter.
[Ord. 1987-7, 8/11/1987, § 14]
Any certificate issued under this Part may be suspended or revoked
at any time by the Northern York County Regional Police upon proof
of being furnished that the application for the certificate contained
false information or that the applicant or registrant was convicted
of a crime involving moral turpitude after the issuance of such certificate,
or that the registrant was convicted of disorderly conduct under any
law of the Commonwealth of Pennsylvania or any ordinance of Manchester
Township.
[Ord. 1987-7, 8/11/1987, § 15]
No person registered as a solicitor or peddler under this Part
shall hawk or cry his/her wares or services upon any of the streets
or sidewalks of Manchester Township, nor shall be/she use any loud
speaker, bell, whistle or other device for announcing his/her presence
by which the public is annoyed.
[Ord. 1987-7, 8/11/1987, § 17; as amended by Ord.
2002-01, 1/7/2002]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
