[HISTORY: Adopted by the Board of Supervisors of the Township of
West Whiteland as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-21-1980 by Ord. No. 55
(Ch. 13, Part 1, of the 1983 Code of Ordinances)]
From and after the effective date hereof, it shall be unlawful for any person, not exempted by § 235-6 hereof, who is not the holder of a valid and unexpired license issued pursuant to this article 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, business establishments, or on public streets or highways within the legal boundaries of the Township of West Whiteland.
A.
Any person, not exempted under § 235-6 hereof, desiring to obtain a license to engage in the activities described in § 235-1 hereof, shall make application therefor, in person, to the Township Manager. The applicant shall supply, over his/her signature, the following information:
(1)
Full name;
(2)
Place and date of birth;
(3)
Temporary address;
(4)
Residence address;
(5)
The address at which the person will receive notices
under this article;
(6)
The name and address of the applicant's employer or principal,
if any, and the nature of the business activity thereof;
(7)
The nature of the goods to be sold, and the business
or activity in which the applicant wishes to engage within the Township;
(8)
A statement sufficient to show that the funds solicited
will be used for a bona fide charitable purpose, when applicable; and
(9)
A statement verified by oath or affirmation as to whether
the applicant has been convicted in any jurisdiction of any crime other than
summary traffic violations, and if so, of what crime or crimes, in what jurisdiction(s),
and the date(s) of such conviction(s).
B.
The applicant shall, together with the application, submit
to the Township Manager a photograph of the applicant, the fingerprints of
the applicant's two hands, and a written physical description of the applicant,
all recorded by the West Whiteland Township Police Department, and shall pay
a fee in the amount of $75 to defray the cost of administering this article.
C.
Between the date of application and the date of issuance
of the permit, if in fact such a permit is issued, the West Whiteland Township
Police Department shall have 10 working weekdays to verify the information
as given on the application form.
D.
Upon submission of said application, and the payment of the fee as referred to in Subsection B of this section, and receipt of verification of the information as referred to in Subsection A of this section, there may be issued to the applicant a license to engage in the activities specified, for a period of one year from the date of issuance, provided that the Township Manager may refuse to issue a license if he has reasonable grounds for believing the applicant shall be required to apply in person to the Board of Supervisors of the Township of West Whiteland.
E.
Licenses may be renewed annually, upon a payment of a
fee of $50 and amendment of the original application to reflect any changes
necessary in the information therein contained.
Every person to whom a license has been issued herein shall, in the
carrying on of their business activities in the Township of West Whiteland,
comply with the following rules of conduct:
A.
The approved vendor shall carry the license card at all
times and exhibit it upon request to any peace officer or any person upon
whom the vendor shall call, or with whom the person shall talk in carrying
on the licensed activities.
B.
The approved vendor shall not permit any other person
to have possession of the license card and shall immediately report its loss
to the Township Manager. The vendor shall not cause or permit the license
card to be altered or defaced.
C.
The approved vendor shall not enter, or attempt to enter,
any private residence, dwelling house or business establishment without invitation
or permission of the occupant, and shall immediately leave any such premises
upon request.
D.
The approved vendor shall not represent the license card
to be an endorsement of oneself or of the goods or services of the principal
or employer.
E.
The approved vendor shall not engage in any business
or activity authorized under this article except between the hours of 8:00
a.m., current prevailing time, and 8:00 p.m., current prevailing time, or
sunset, whichever occurs earlier.
[Amended 11-24-1992 by Ord. No. 203]
F.
The approved vendor shall not permit the throwing or
discarding of any papers, debris or other such items upon the public streets,
highways or other places of the Township of West Whiteland as a result of
the providing of the vendor's services under this article.
G.
All mobile vehicles for the purposes of vending food
products shall have suitable trash containers, clearly marked as such.
H.
The approved vendor shall not conduct his/her business
activity at any geographical location within the Township of West Whiteland
that is deemed to be unsafe, due to traffic hazards or other similar situations,
by the Township Manager.
I.
The approved vendor shall immediately surrender the license
card upon revocation of said license as hereinafter provided.
Any license hereinafter issued may be revoked by the Board of Supervisors of West Whiteland Township upon the failure of the licensee to comply with the standards of conduct established by § 235-3 herein or upon ascertainment that the licensee has made any false statement in the application of license hereunder. Notice of revocation shall be given by written notice personally served or sent by registered mail to the address designated for this purpose in the application for license.
Any person whose license has been revoked shall be entitled to appear,
with counsel if so desired, before the Board of Supervisors at a regular or
special meeting and be heard in behalf of a request for reinstatement of said
license.
The following exemptions may be granted by the Township Manager of the
Township of West Whiteland.
A.
Persons soliciting contributions in behalf of organizations
or nonprofit corporations exempted from the provision of, or duly registered
to, the Act of 1925, May 13, P.L. 644, as amended,[1] who while soliciting are possessors of a card or other written evidence of their appointment or authority to solicit for said organization or corporation, may be exempt from the payment requirements under § 235-2A and E of this article.
[1]
Editor's Note: Said Act, previously codified as 10 P.S. § 141
et seq., was repealed 8-9-1963, P.L. 628. See now 10 P.S. § 162.1
et seq., the Solicitation of Funds for Charitable Purposes Act.
C.
The provisions of this section are only partially applicable
to charitable, religious or philanthropic organizations engaged in the same
or similar types of business. Such charitable, religious or philanthropic
organizations are not required to pay a license fee but are required to obtain
a license from the Township.
D.
Persons who have been licensed by the Commonwealth of
Pennsylvania to engage in the sale of real estate, insurance, or securities
may be exempt from all licensing and payment requirements of this article.
[Amended 11-7-1983 by Ord. No. 97; 6-10-1997
by Ord. No. 257]
Any person who violates or permits the violation of any provision of
this article shall be subject to a fine in the amount of at least $25, but
not to exceed $600, plus all court costs, including reasonable attorney fees
incurred by the Township. Each sale, or offer to sell, shall constitute a
separate violation of this article. Each intentionally falsified application
form submitted shall constitute a separate violation of this article. Upon
a finding of liability for committing said violation or permitting said violation,
in a civil enforcement proceeding commenced by the Township, the defendant
shall pay the fine, plus all court costs, including attorney fees. No judgment
shall be imposed until the date of determination of a violation by a 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.
