[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Frederick 9-13-1979 by Ord. No. 79-2. Amendments noted where applicable.]
From and after the effective date hereof, it shall be unlawful for any person, firm or corporation, who is not the holder of a valid, unexpired and unrevoked license issued pursuant to this chapter, to engage in selling, purchasing or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description, or in soliciting contributions, gifts or pledges of money or any other thing of value, by visitation to private homes or residences or on the public streets or highways of Upper Frederick Township.
[Amended 6-3-1996 by Ord. No. 96-5; 8-13-1998 by Ord. No. 98-4]
Any person desiring to obtain a license to engage in the activities described in § 253-1 hereof shall make application thereof, in person, to the Township Secretary.
A. 
The applicant shall supply over his signature the following information:
(1) 
His name.
(2) 
His place and date of birth.
(3) 
His address.
(4) 
His residence.
(5) 
The address at which he will receive notices under this chapter.
(6) 
Name and address of his employer or principal, and nature of his business activity or a description of the nonprofit activity.
(7) 
Nature of the business activity in which applicant wishes to engage within the Township.
(8) 
A criminal record check received from the Pennsylvania State Police and dated within three months of the submission of the application.
(9) 
The name of a reference.
B. 
Upon submission of said application and the payment of a fee in an amount as established from time to time by the Board of Supervisors, a license shall be issued to the applicant in the form of a card which shall, unless revoked, entitle the licensee to engage in the activities specified for a period of one year from the date of issuance; provided, that the Township Secretary may refuse to issue a license if he has reasonable grounds for believing the applicant to be of poor moral character, in which event the applicant shall be required to apply in person to the Board of Supervisors; provided, further, that no fee shall be required of any honorably discharged and disabled soldier, sailor or marine of the military or naval service of the United States who is a resident of this commonwealth.
C. 
Licenses may be renewed annually upon payment of the fee herein above provided for and the submission of any amendment of the original application necessary to reflect any changes in the information therein contained.
Every person to whom a license has been issued hereunder shall, in the carrying on of his business or activities in the Township, comply with the following conditions and rules of conduct:
A. 
He shall carry his license card at all times and exhibit it upon request to any peace officer, Township official or any person upon whom he shall call or with whom he shall talk in carrying on his licensed activities.
B. 
His license card is not transferable and he shall not permit nor allow any other person to use same and shall immediately report its loss to the Township Secretary, should such event occur. His card shall not be altered or defaced nor shall be permit so to be.
C. 
He shall not enter, nor attempt to enter, any dwelling or business house without invitation or permission of the occupant and shall immediately leave any premises upon request.
D. 
He shall not represent his license card to be an endorsement of himself or his goods, wares or services, or the goods, wares or services of his employer.
E. 
He shall immediately surrender his license card upon revocation of his license as hereinafter provided.
Any license hereafter issued may be revoked by the Board of Supervisors upon the failure of the licensee to comply with the standards of conduct established by § 253-3 hereof, or upon ascertainment that the licensee has made any false statement in his application for license hereunder. Notice of revocation shall be given by written notice served or sent by registered mail to the address designated for this purpose in the license application.
Any person whose license has been revoked shall be entitled to appear with counsel, if he desires, before the Board of Supervisors at a regular or special meeting and he will be heard in behalf of his request for reinstatement of his license.
[Amended 8-13-1998 by Ord. No. 98-4]
A. 
No license fee shall be charged:
(1) 
To farmers selling their own produce.
(2) 
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.
(3) 
To any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
(4) 
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.
(5) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.
(6) 
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.
(7) 
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 Township Secretary and obtain a license without fee; provided, any person dealing with 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 Secretary 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.
[Amended 8-13-1998 by Ord. No. 98-4]
Any person, firm or corporation who shall violate any provision of this chapter, 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 less than $15 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 chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.