It shall be unlawful for any person, firm, corporation, or association
to sell or offer for sale any goods, commodity, or services in, upon
or along any of the public streets, alleys, or public places of the
Township of Hanover, Northampton County, Pennsylvania (Township),
or by going from house to house for such purposes, without having
first procured a license to do so. "Sell" and "offer for sale" shall
be defined to include any interaction that primarily proposes a commercial
transaction.
The Board of Supervisors of the Township shall establish, by
resolution, a schedule of fees for the obtaining of permits required
under the provisions of this part. The resolution providing for the
various fees shall be periodically reviewed and amended, when necessary,
by resolution of the Board of Supervisors. The issuance of a permit
shall be contingent upon the payment of the proper fee as established
by the resolution and the fee schedule.
If any person, firm, corporation, or association is denied a license pursuant to §
127-2, that denial shall, at the written request of the person, firm, corporation or association be reviewed by the Township Board of Supervisors at their regularly-scheduled meeting occurring in the month following the date of the denial of the application. The license shall be deemed approved unless Township Board of Supervisors, by majority vote, finds that the person, firm, corporation, or association is seeking to engage in unsafe, illegal, fraudulent, or criminal activity, or has made a material misrepresentation on the license application.
The Township CRPD shall maintain an annually-updated list of
Township residents who do not wish to have any person, firm, corporation,
or association sell, offer for sale, any goods, commodity, or services
at their place of residence at any time.
The Township Manager, or his designee, shall promulgate regulations
for the management of the Do Not Knock List; the distribution of the
Do Not Knock List to licensees; notice and access of the Do Not Knock
regulations on the Township website; and enforcement procedures for
violations of the Do Not Knock regulations.
Licensees who are notified of the Do Not Knock List under the regulations and who violate the list by selling, offering for sale, any goods, commodity, or services at an address on the Do Not Knock List shall, in addition to the violations and penalties set for this part, have his/her/its license immediately revoked. Licensees who believe that the license has been improperly revoked under this section may appeal said revocation pursuant to §
127-4.
The following persons are exempted from the requirements of
this chapter:
A. Persons soliciting contributions on behalf of organizations or nonprofit
corporations in compliance with the Solicitation of Funds for Charitable
Reform Act.
B. Persons soliciting funds or canvassing permitted under the Pennsylvania
Election Code.
C. Children under the age of 18 years who take orders for and delivery
of newspapers, greeting cards, candy, bakery products and the like,
or who represent the Boy Scouts or Girl Scouts or similar organizations.
D. Activities of insurance agents or brokers authorized to transact
business under the insurance laws of the Commonwealth of Pennsylvania,
and activities or real estate brokers or agents licensed under the
laws of the Commonwealth of Pennsylvania.
E. Any person that is merely proselytizing for a religion or distributing
political handbills at no cost, or exercising the right to anonymous
religious or political speech without soliciting any funds and without
selling any goods.
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in any action brought before
a district judge 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 less than $300 plus costs or 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.