Township of Patterson, PA Chapter 148 Peddling and Soliciting

[HISTORY: Adopted by the Board of Commissioners of the Township of Patterson: Art. I, during codification 2-8-1996 as Ord. No. 346 (see Ch. 1, General Provisions, Art. I); Art. II, during codification 2-8-1996 as Ord. No. 347 (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

Article I Transient Retail Businesses

[Adopted 2-8-1996 as Ord. No. 346]

§ 148-1 License required.

It shall be unlawful for any person to go on residential property within the Township of Patterson who is not the holder of a valid and unexpired license issued pursuant to this Article or to engage in transient retail business for the sale of goods, wares or merchandise within the Township of Patterson by visitation to private homes or residences or on the public streets or highways of the Township of Patterson.

§ 148-2 License application; issuance.

A. No license shall be issued unless the following information is given by the applicant:

(1) Full identification, including proof thereof by voter's registration card, vehicle operator's license or some other accepted method of identification, with residence and office address.

(2) The identification of goods, wares or merchandise which the applicant intends to sell.

(3) The address at which the applicant will receive notices under this Article.

(4) The name and address of the employer or principal, if any, and the nature of the business activity thereof.

(5) The nature of the business or activity in which the applicant wishes to engage within the township.

(6) The time period within which the sale of goods, wares or merchandise will be conducted.

(7) A statement as to whether the applicant has been convicted in any jurisdiction of any crime, other than minor traffic violations, and, if so, what crime or crimes.

(8) A current photograph of the applicant, together with a fee to be determined from time to time by resolution of the Board of Commissioners to defray the cost of administering this Article.

B. Upon submission of said application, with the supporting evidence and the payment of the fee as aforesaid, the Township Secretary shall issue to the applicant a license in the form of a card which shall, unless revoked, entitle the licensee to engage in the activities applied for, for a period of one (1) year from the date of issuance; provided, nevertheless, that licenses may be renewed annually upon payment of the fee hereinabove provided and the annual amendment of the original application to reflect any changes necessary in the information therein contained.

§ 148-3 Rules of conduct.

Licensees regulated by this Article shall carry their licenses at all times while engaging in the sale of goods, wares or merchandise within the township and shall show their licenses to residents in order to identify themselves prior to any actual sale of such goods, wares or merchandise and, in addition, shall comply with the following rules of conduct:

A. The licensee shall carry said license card at all times and exhibit it upon request to any peace officer or to any person upon whom the licensee shall call or with whom the licensee shall talk in carrying on the licensed activities.

B. The licensee shall not permit any other person to have possession of his license card and shall immediately report its loss to the Township Secretary. The licensee will not cause or permit said license card to be altered or defaced.

C. The licensee 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. The licensee shall not represent said license card to be an endorsement of the licensee or of the licensee's goods, wares or merchandise or of the goods, wares or merchandise of the licensee's principal or employer.

E. The licensee shall immediately surrender said license card upon revocation or expiration of the license as hereinabove provided.

§ 148-4 Registration by residents not desiring visits by merchants.

A. Any resident of the Township of Patterson not wanting to be visited or called upon by transient merchants for the sale of goods, wares or merchandise may register at the office of the Township Secretary in a list of registrants of the Township of Patterson who do not desire to be visited or solicited at their homes in the following manner:

(1) Said resident or residents shall either personally appear or, on forms supplied by the Township Secretary, register with the Township Secretary advising that said resident or residents do not want transient merchants to call at their home.

(2) The Township Secretary shall keep on file at all times a registration book showing the names and addresses of the residents of the Township of Patterson who have registered as not wanting transient merchants to call at their homes.

(3) Said residents, in addition, shall be furnished a sticker by the Township Secretary, which may be affixed to the front door of the resident's principal residence advising that no transient merchandise can be sold.

B. Every applicant shall personally read said list of residents of the Township of Patterson who are registered as not wanting to be approached or contacted for the sale of goods, wares or merchandise and will sign an affidavit that said list has been reviewed by the applicant, and the applicant shall purchase from the Township Manager a photostatic copy of said list at a charge as set by resolution of the Board of Commissioners.

§ 148-5 Hours limited.

The hours for the sale by transient merchants of goods, wares and merchandise shall be limited to the period from 9:30 a.m. to 4:30 p.m., Mondays through Fridays, exclusive of holidays. No sales will be permitted on Saturday or Sunday. If these hours and days are violated by such transient merchants, their licenses shall be revoked forthwith by the Board of Commissioners.

§ 148-6 Revocation of license.

A. If any applicant is found to have been convicted of any felony or misdemeanor involving moral turpitude, said person may be denied a license, or, if such license has been issued, it may be revoked or canceled by the Board of Commissioners after a hearing before said Board.

B. If any licensee provides any false or misleading information concerning his or her identification or the identity of the organization for which the sale of such goods, wares or merchandise is being conducted, the license issued to that licensee may be revoked by the Board of Commissioners after a hearing before the Board of Commissioners.

C. If any licensee fails to comply with the standards of conduct set forth in § 148-3 hereof, such license theretofore issued to such licensee may be revoked by the Board of Commissioners following a hearing before said Board of Commissioners.

§ 148-7 Notice of revocation.

Notice of revocation, in any case, shall be given by written notice, personally served or sent by certified mail to the address designated for this purpose in the application for license.

§ 148-8 Hearings.

Any person whose license has been refused, revoked or canceled shall be entitled to a hearing before the Board of Commissioners and shall be entitled to appear with his own counsel, if he so desires, and be heard in behalf of a request for reinstatement or issuance of said license. He may, through counsel or himself, examine and cross-examine all witnesses who testify in said proceeding.

§ 148-9 Sales upon business properties.

The sale of goods, wares and merchandise shall be permitted at any business establishment and upon any business property, such as shopping center parking lots, during normal business hours with the consent of the owner, manager or other person, firm or corporation in charge of any such business establishment or business property; provided, nevertheless, that any applicant who intends to sell goods, wares or merchandise at or upon such locations shall, at the time of application for the license as herein provided, exhibit to the Township Secretary the written consent of the owner, manager or other person, firm or corporation in charge of any such business establishment or business property.

§ 148-10 Sales by minors.

Minors conducting sales for nonprofit organizations are exempt from the provisions of this Article.

§ 148-11 Violations and penalties.

Any person, firm or corporation who violates this Article by selling goods, wares or merchandise other than during the hours permitted or without first obtaining an identification card or who may violate any other provision of this Article shall be subject to prosecution before a District Justice and, upon conviction, shall be fined not more than six hundred dollars ($600.) plus costs of prosecution and, in default of payment of such fine and costs, shall be subject to a period of imprisonment not exceeding thirty (30) days.

Article II Soliciting

[Adopted 2-8-1996 as Ord. No. 347]

§ 148-12 Registration required; identification cards.

It shall be unlawful for any person to go upon residential property within the Township of Patterson to solicit funds from township residents for any religious, charitable or nonprofit cause by knocking upon residential doors or by ringing doorbells so as to cause, or attempt to cause, residents to open their doors unless the citizen doing the solicitation has first registered at the Patterson Municipal Building and has received an identification card from the office of the township.

§ 148-13 Required information.

No identification card shall be issued unless the following information is given by the applicant:

A. Full identification, including proof thereof by voter's registration card, vehicle operator's license or some other accepted method of identification, with residence and office address.

B. The name of the organization for which the applicant is soliciting, together with the address of that organization.

C. The length of time the soliciting is to be carried on.

D. The address at which the applicant will receive notices under this Article.

E. 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.

§ 148-14 Exhibition of identification cards.

Solicitors regulated by this Article shall carry their identification cards, which shall be issued by the Secretary of the Township without charge, at all times while soliciting funds as aforesaid within the township and shall exhibit their identification cards to residents in order to identify themselves prior to any actual solicitation of funds.

§ 148-15 Hours limited.

All solicitations carried on by persons for charitable, religious or nonprofit causes shall, in the case of residential door-to-door or house-to-house calling, be restricted to the following hours:

A. From October 1 through April 30, such solicitation shall be limited to the period from 9:00 a.m. to 5:00 p.m., prevailing local time, including Saturdays and Sundays.

B. From May 1 through September 30, such solicitation shall be limited to the period from 9:00 a.m. to 9:00 p.m., prevailing local time, including Saturdays and Sundays.

§ 148-16 Denial or revocation of identification card; hearing.

A. If any solicitor is found to have been convicted of any penalty or misdemeanor involving moral turpitude, he or she may be denied an identification card or, if an identification card has been issued, it may be revoked or canceled by the Board of Commissioners after a hearing before the Board of Commissioners. If any solicitor provides any false or misleading information concerning his or her identification or the identity of the organization for which the soliciting is being done, the identification card issued to that solicitor may be revoked by the Board of Commissioners after a hearing before the Board of Commissioners.

B. At any such hearing, the solicitor shall be entitled to be represented by counsel and to examine or cross-examine witnesses who may testify at said hearing, and, further, any such solicitor shall have the right to testify before the Board of Commissioners after having been sworn or affirmed.

§ 148-17 Solicitation on business properties.

Solicitation of funds for charitable, religious or nonprofit causes shall be permitted at any business establishment and upon any business property, such as shopping center parking lots, during normal business hours, but those solicitors shall also register with the Township Secretary and carry identification cards. In the event that the owner, manager or other person, firm or corporation in charge of any such business establishment or business property objects to such solicitation, then and in that event the solicitor shall forthwith cease and desist such solicitation at such business establishment. In the event that such solicitor fails, neglects or refuses to cease and desist such solicitation at such business establishment after having been requested so to do, the person, firm or corporation manager or other person in charge of any such business establishment or business property may proceed to charge such solicitor with a violation of this section of this Article.

§ 148-18 Registration by residents not desiring visits by solicitors.

A. Any resident of the Township of Patterson not wanting to be visited or called upon by solicitors for contributions, gifts, pledges of money or other items or things of value for any religious, charitable or nonprofit cause may register at the office of the Secretary of the Township of Patterson on a list of the registrants of the township who do not want to be visited or solicited at their homes for such purposes in the following manner:

(1) Said resident shall either personally appear or, on forms supplied by the Secretary of the township, register with the Secretary advising that said resident does not want such solicitors to call at their homes.

(2) The Secretary of the township shall keep on file at all times a registration book showing the names and addresses of the residents of the township who have registered as not wanting such solicitors to call at their homes.

(3) Said residents, in addition, shall be furnished a sticker by the Secretary of the township, which may be affixed to the front door of said resident's personal residence, advising that no solicitation be made.

B. Every applicant for an identification card shall personally read such list of residents of the township who are so registered and shall sign an affidavit that said list has been reviewed by said applicant, and the Secretary of the township shall furnish to the applicant a copy of said list at no charge.

§ 148-19 Solicitation by minors.

Minors soliciting for nonprofit organizations shall be exempt from the provisions of this Article.

§ 148-20 Violations and penalties.

Any person, firm or corporation who violates this Article by soliciting funds from township residents for any religious, charitable or nonprofit cause, other than during the hours permitted or without first obtaining an identification card, or who may violate any other provision of this Article, shall be subject to prosecution before a District Justice and, upon conviction, shall be fined not more than six hundred dollars ($600.) plus costs of prosecution and, in default of payment of such fine and costs, imprisoned in the county jail for a period not exceeding thirty (30) days.