[HISTORY: Adopted by the Borough Council of the Borough of Perkasie
12-16-1985 as Ch. 101 of the 1985 Code. Amendments noted where applicable.]
No person, firm or corporation or any agent thereof shall solicit for
any advertising, other than advertising to be inserted in a newspaper of general
circulation, or for any contribution, financial or otherwise, other than a
contribution sought from within the membership of the organization by or on
behalf of which such solicitation is made, within the Borough limits of the
Borough of Perkasie unless a permit shall first have been obtained from the
Borough Manager.
A.
Such permits shall be issued upon registration at the
Borough offices of the name of the person, firm or corporation or any agent
thereof and such other reasonable information as may be required for identification.
Soliciting activities shall be conducted only between the hours of 9:00
a.m. and dusk or 7:00 p.m., whichever is earlier.
Any of the following acts shall constitute a violation of this article, punishable as set forth in Chapter 1, General Provisions, Article II, Violations and Penalties:
A.
Any person, firm, or corporation or any agent thereof who shall make any solicitation as outlined in § 101-1 of this article without first having obtained a permit from the Borough Manager shall be guilty of a violation.
B.
The solicitation of any one person, firm or corporation
or agent thereof, as hereinbefore designated, shall constitute a separate
and single violation of the terms of this article.
A.
In this article, the singular shall include the plural,
the plural shall include the singular and the masculine shall include the
feminine and the neuter.
B.
PERSON
TRANSIENT RETAIL BUSINESS
(1)
(2)
As used in this article, the following terms shall have
the meanings indicated:
Any natural person, association, partnership or corporation.
Includes the following:
Engaging in canvassing, soliciting or taking orders, either by sample
or otherwise, for any goods, wares or merchandise upon any street, alley,
sidewalk or public ground or from house to house within the Borough of Perkasie.
Selling, soliciting or taking orders for any goods, wares or merchandise
from a fixed location within the Borough on a temporary basis, which shall
include, but shall not be limited to, such activities conducted at the time
of special occasions or celebrations, for seasonal purposes or for or in advance
of specific yearly holidays.
A.
No person shall engage in any transient retail business
within the Borough of Perkasie without first having obtained from the Borough
Manager a license, for which a fee, as set from time to time by resolution
of the Borough Council, which shall be for the use of the Borough, shall be
charged depending on the term of the license, as follows:
B.
No license fee shall be charged under this section:
(1)
To farmers selling their own produce.
(2)
For the sale of goods, wares and merchandise donated
by the owners thereof, the proceeds thereof are to be applied to any charitable
or philanthropic purpose.
(3)
To any manufacturer or producer in the sale of milk or
milk products, bread and bakery products or meat and meat products, but all
persons exempted hereby from the payment of the license fee shall be required
to register with the Borough Manager and obtain a license without fee.
C.
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 selling, canvassing, soliciting
or taking orders for goods, wares and merchandise not in such exempted categories.
D.
The Borough Manager, pursuant to standards and policies
established from time to time by the Borough Council, may similarly exempt
from payment of the license fee, but not from registering with him, persons
working without compensation and selling or taking orders for goods, wares
or merchandise for the sole benefit of any nonprofit corporation.
E.
Every license issued under the provisions of this article
shall be issued on an individual basis to 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.
Every person desiring a license under the provisions of this article
shall first make application to the Borough Manager for such license. If such
person shall also be required to obtain a license from any state or county
officer, he shall, when making such application, exhibit a valid state or
county license. In such application, such person shall give his name and address;
his previous criminal record, if any; the name of the person by whom he is
employed; the type of goods, wares and merchandise he wishes to deal with
in such transient retail business; the length of time for which such license
is to be issued; and the type and license number of any vehicle to be used
by him in the conduct of such business in the Borough.
Upon receipt of such application and the prescribed fee, the Borough
Manager, if he shall find such application in order, shall issue the license
required under this article. Such license shall contain the information required
to be given on the application therefor. Every license holder shall carry
such license upon his person, if engaged in a transient retail business from
house to house or upon any street, alley, sidewalk or public ground, or shall
display such license at the location where he shall engage in such business,
if doing so from a fixed location. He shall exhibit such license, upon request,
to all police officers, Borough officials and citizens or residents of the
Borough.
No person engaging in any transient retail business in the Borough of
Perkasie shall:
A.
Engage in any business activity prohibited in the Borough
of Perkasie by general or special law applicable thereto.
B.
Sell any product or type of product not mentioned in
his license.
C.
When operating from a vehicle, stop or park such vehicle
upon any street or alley in the Borough for longer than necessary in order
to sell therefrom to persons residing or working in the vicinity.
D.
Park any vehicle upon any street or alley in the Borough
for the purpose of sorting, rearranging or cleaning any of his goods, wares
or merchandise or of disposing of any carton or wrapping material or of any
stock or wares or foodstuffs which have become unsalable through handling,
age or otherwise.
The Mayor is hereby authorized to suspend or revoke any license issued
under this article when he shall deem such suspension or revocation to be
in the interest of the public health, safety or morals or for the violation
of any provision of this article, or for giving false information upon any
application for a license hereunder. Appeals from any suspension or revocation
may be made to the Borough Council at any time within 10 days after such suspension
or revocation. No part of a license fee shall be refunded to any person whose
license shall have been suspended or revoked.
