[HISTORY: Adopted by the Board of Supervisors of the Township of
West Goshen 9-3-1958. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 59.
[Amended 8-26-1998 by Ord. No. 13-1998]
From and after the effective date hereof, it shall be unlawful for any person, not exempted by § 60-6 hereof, who is not the holder of a valid and unexpired 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, highways and private property in West Goshen Township.
[Amended 11-6-1969 by Ord. No. 10-1969; 8-26-1998
by Ord. No. 13-1998]
Any person, not exempted by § 60-6 hereof, desiring to obtain a license to engage in the activities described in § 60-1 hereof shall make application therefor in person to the West Goshen Township Police Department (hereinafter "the Police").
A.
The applicant shall supply, over his signature, the following
information:
(1)
His name.
(2)
His place and date of birth.
(3)
His temporary address and telephone number.
(4)
His permanent residence address and permanent telephone
number.
(5)
The address at which he will receive notices under this
chapter.
(6)
The name and address of his employer or principal, if
any, and the nature of the business activity thereof.
(7)
The nature of the business or activity in which the applicant
wishes to engage within the township.
(8)
A statement as to whether the applicant has been convicted
in any jurisdiction of any crime other than of minor traffic violations and,
if so, of what crime or crimes.
B.
Upon submission of the application and the payment of
a fee in the sum of $50, the Police shall, within 48 hours, determine whether
the applicant has ever been convicted of a crime constituting a misdemeanor
or felony under the laws of any jurisdiction, together with such additional
information relating thereto as may be disseminated by the Police Department.
In the event that no record of such conviction is found, the Police shall
authorize the issuance of a license. In the case where the application is
for the sale or solicitation of goods and services from a fixed location in
the township or from property in a residential zoning district, the Police
shall then consult with the Township Zoning Officer to determine whether the
Zoning Ordinance[1] and land development approval for such property permits such sales
or solicitation. If the Zoning Officer determines that such sales are not
permitted from that particular property because of the zoning classification
of the property; conditions of land development approval will be violated
if such sales or solicitation occur from such property; the proposed sales
would constitute a second principal use of the property in violation of the
Township Zoning Ordinance; the property is not owned or regulated by the township
and no written authorization from the property owner has been obtained; or
sales from such location would create a traffic hazard or a threat to the
public's health, safety and welfare, he/she shall notify the Police that
the application shall be denied. The Zoning Officer shall state in writing
why such application for license has been rejected. Otherwise, the Zoning
Officer shall notify the Police that the license may be issued, in which case
the Police shall issue the license 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 after the date of issuance. The Police are authorized to
reject the application of any applicant who has previously been convicted
of a misdemeanor or felony criminal offense.
[Amended 3-28-2001 by Ord. No. 5-2001]
C.
Licenses may be renewed annually, upon payment of the
fee herein above provided for and amendment of the original application to
reflect any changes necessary in the information therein contained and after
a determination by the Police that the applicant has not, in the interim period,
been convicted of any misdemeanor or felony criminal offense.
D.
The Township Police are also authorized to deny renewal of any license previously issued to the applicant if they determine that the licensee has failed to comply with the rules of conduct established by § 60-3 hereof or upon a determination that the licensee has made any material and false statement in his application for a license hereunder.
Every person to whom a license has been issued herein shall, in the
carrying on of his business or activities in the township, comply with the
following rules of conduct:
A.
He shall carry his license card at all times and exhibit
it upon request to any officer or any person upon whom he shall call or with
whom he shall talk in carrying on his licensed activities.
[Amended 8-26-1998 by Ord. No. 13-1998]
B.
He shall not permit any other person to have possession
of his license card and shall immediately report its loss to the Police. He
shall not cause or permit his license card to be altered or defaced.
[Amended 8-26-1998 by Ord. No. 13-1998]
C.
He shall not enter or attempt to enter any dwelling 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 of his goods or services or of the goods or services of his
principal or employer.
E.
He shall immediately surrender his license card upon
revocation of his license as hereinafter provided.
[Amended 8-26-1998 by Ord. No. 13-1998]
Any license issued hereunder may be immediately revoked by the Police upon the failure of the licensee to comply with the standards of conduct established by § 60-3 hereof or upon ascertainment that the licensee has made any false statement in his application for license hereunder. After the license is revoked, the Police shall send written notice to the licensee explaining the grounds for such revocation. Such notice shall be personally served or sent by registered mail to the address designated for this purpose in the license application.
A.
Any person whose license has been revoked shall be entitled
to appear, with counsel, if he so desires, before the Board of Supervisors
at a regular or special meeting and be heard in behalf of a request for reinstatement
of his license.
B.
Any person who has been refused a license or the reissuance
of a license by the Police may appeal such determination to the Board of Supervisors
who shall determine whether there exists substantial grounds under the provisions
of this chapter to sustain denial of the applicant's application for
a license or reissuance of a license. In a reinstatement proceeding the burden
of proof shall be upon the applicant. In a proceeding involving refusal of
the Police to issue a license, the township shall have the initial burden
to establish the grounds under this chapter for denial of the license, and
the applicant shall then have the burden to show cause why the Police's
determination should not be affirmed. These appeal proceedings shall be governed
by the Pennsylvania Local Agency Law.[1]
[Added 8-26-1998 by Ord. No. 13-1998]
[1]
Editor's Note: See 2 Pa. C.S.A. § 105 et seq.
The following persons are exempted from the licensing requirements of
this chapter:
A.
Persons soliciting contributions in behalf of organizations
or nonprofit corporations exempted from the provisions of, or duly registered
pursuant to, the Act of May 13, 1925, P.L. 644, as amended,[1] who, while soliciting, are possessed of a card or other written
evidence of their appointment or authority to solicit for said organization
or corporations.
[1]
Editor's Note: For current provisions, see 10 P.S. § 162.1
et seq.
B.
Farmers engaged in selling only the produce of their
own farms from a truck or other vehicle.
C.
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 60-1 hereof, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
D.
Persons engaged in the sale of goods, wares and merchandise
donated by the owner thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
E.
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.
[Amended 6-23-1992 by Ord. No. 9-1992; 7-24-1996
by Ord. No. 7-1996]
Any person who violates or permits the violation of any provision of
this chapter shall, upon being found liable therefor in a civil enforcement
proceeding commenced by the township before a District Justice, pay a fine
for each such violation in an amount not less than $100 and not more than
$600 plus all court costs, including reasonable attorney fees, incurred by
the township. No judgment shall be imposed until the date of the determination
of a violation by the District Justice. If the defendant neither pays nor
timely appeals the judgment, the township may enforce the judgment pursuant
to the applicable rules of civil procedure.
