This chapter shall be known as the "Solicitation Ordinance" of Lower
Makefield Township.
No person shall engage in soliciting or peddling in the Township of
Lower Makefield without first having been granted a license as herein provided.
Every person desiring to engage in soliciting or peddling in the Township
of Lower Wakefield shall first make application to the Chief of Police or
his or her designee for a license. If such person shall also be required to
obtain a license from any county officer, he or she shall, on making such
application, exhibit a valid county license.
A. Said application shall be upon a blank provided by the
Chief of Police and shall contain at least the following information, verified
by oath or affirmation:
(1) The full name of the applicant and local address, if
any.
(2) His or her permanent address.
(3) The name of the applicant's employer or a statement
that such applicant is self-employed.
(4) The nature of the goods, wares, services or merchandise
offered for sale.
(5) 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 punishment or punishments imposed.
(6) The type of vehicle to be used, if any.
(7) If the applicant seeks to represent a nonprofit corporation,
then a statement for the nonprofit corporation authorizing the application
and a verification that the nonprofit organization is authorized to do business
in the Commonwealth of Pennsylvania pursuant to the Solicitation of Funds
for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
B. In the event that the applicant seeks to sell goods,
services or merchandise, then, upon request of the Chief of Police or his
or her designee, the applicant shall also submit a copy of a criminal history
record and furnish a photograph, provided that where a person makes application
for himself or herself and one (1) or more helpers, all applicable personal
information supplied above shall be given for each helper and verified or
affirmed by oath or affirmation by him or her and an individual license shall
be required for each helper. In the event that the applicant is a minor, the
applicant's parents or guardian must verify or affirm the information
and sign the application. No license under this chapter shall be transferable
from one person to the other. In the case of an applicant for a license who
represents a nonprofit organization, said applicant need not submit a copy
of criminal history record but must provide a photograph and comply with other
requirements as set forth in this subsection.
C. The Chief of Police or his or her designee shall hold
each application for a five-day period to enable the Police Department to
conduct a background check of each applicant, if necessary.
No license shall be issued under this chapter until a license fee, in
an amount fixed from time to time by resolution of the Board of Supervisors,
has been paid. A separate application shall be filed and a separate fee shall
be paid by each person who shall actually conduct the soliciting or peddling
and shall apply where an employer desires to secure licenses for his or her
employees, agents or servants.
The license granted pursuant to this chapter shall be valid for ninety
(90) days after the date of such license, and upon the expiration of any license,
if the person holding the same shall desire to continue or renew soliciting
or peddling, he or she shall be required to file a new application for a permit
and pay a new license fee.
The license when issued shall state, inter alia, the products to be
sold, services to be rendered by the licensee or the purpose of the solicitation.
Every solicitor or peddler shall at all times, when engaged in soliciting
or peddling in the Township of Lower Makefield, display such license upon
his or 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 license.
Soliciting or peddling by licensed persons is permitted only from 9:00
a.m. prevailing time until 9:00 p.m. prevailing time.
No person licensed as a solicitor or peddler under this chapter shall
park any vehicle upon any of the streets, highways or alleys of the township
in order to sort, rearrange or clean any of his or her goods, wares, services
or merchandise; nor shall any such person place or deposit any refuse on any
such streets, highways or alleys; nor shall any such person maintain or keep
a street or curbstone market by parking any vehicle upon any street or alley
in the township for longer than necessary in order to sell therefrom to persons
residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall
occupy any fixed location upon any of the streets, highways, alleys or sidewalks
of the township for the purpose of soliciting or peddling with or without
any stand or counter.
The Chief of Police shall keep a record of all licenses issued under
this chapter, and he or she shall supervise the activities of all holders
of such licenses.