[HISTORY: Adopted by the Board of Supervisors of the Township
of Willistown 5-13-1958 by Ord. No. 7; amended in its entirety 12-20-2012 by Ord. No.
7-2012. Amendments noted where applicable.]
From and after the effective date hereof it shall be unlawful for any person or employer, not exempted by § 97-6 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 or highways of Willistown Township.
Any person, not exempted by § 97-6 hereof, desiring to obtain a license to engage in the activities described in § 97-1 hereof shall make application therefor, in person, to the Willistown Township Police Department.
A.
The applicant shall supply, over his signature, the following information:
(1)
His name.
(2)
His place and date of birth.
(3)
His social security number.
(4)
His temporary address.
(5)
His residence address.
(6)
The address at which he will receive notices under this chapter.
(7)
The name and address of his employer or principal, if any, and the
nature of the business activity thereof.
(8)
The nature of the business or activity in which the applicant wishes
to engage within the Township.
(9)
A statement as to whether the applicant or his employer has been
convicted in any jurisdiction of any crime other than of minor traffic
violations and, if so, of what crime or crimes.
B.
Any individual submitting an application agrees to allow the Willistown
Township Police Department to take fingerprints and photographs and
to submit to a criminal history check and any other reasonable background
investigation deemed necessary by the Willistown Township Police Department.
The applicant shall pay a fee in the amount of $100, as may be modified
from time-to-time by resolution of the Board of Supervisors, to defray
the cost of administering this chapter.
C.
Subject to the provisions of Subsection D hereof, upon submission of said application and supporting evidence of identification and the payment of fee as aforesaid, there shall be issued to the applicant a license in the form of a card which shall, unless revoked, entitle the licensee, for a period of one year from the date of issuance, to engage in the activities specified on weekdays and Saturdays between the hours of 9:00 a.m. and 5:00 p.m. only, either Eastern standard time or Eastern daylight saving time according to which officially prevails.
D.
If the information submitted by the applicant discloses his prior
conviction of any crime other than minor traffic violations, or if
the Willistown Township Police Department knows or has reasonable
grounds for believing the applicant to be of questionable character,
then the issuance of a license shall be deferred and the applicant
required to apply in person to the Board of Supervisors. The decision
of the Board of Supervisors regarding the granting or withholding
of a license under such conditions shall be final.
E.
Licenses may be renewed annually, upon an updated criminal history
check and payment of the fee hereinabove provided for 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 hereunder 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 by any peace officer or any person upon whom he shall call
or with whom he shall talk in carrying on his licensed activities.
B.
He shall not permit any other person to have possession of his license
card and shall immediately report its loss to the Willistown Township
Police Department. He shall not cause or permit his license card to
be altered or defaced.
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 solicit where signs prohibiting solicitation are posted.
E.
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.
F.
He shall immediately surrender his license card upon revocation of
his license as hereinafter provided.
Any license hereafter issued may be revoked by the Board of Supervisors upon the failure of the licensee to comply with the standards of conduct established by § 97-3 hereof or upon ascertainment that the licensee has made any false statement in his application for 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 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.
The following persons are exempted from the licensing requirements
of this chapter but are requested to submit a list of persons soliciting
on their behalf for verification purposes:
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 corporation.
[1]
Editor's Note: The Act of May 13, 1925, P.L. 644, as
amended, was repealed by the Act of August 9, 1963, P.L. 628. 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 § 97-1 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 soldier, sailor or marine of the military
or naval service of the United States who is a resident of this commonwealth
and who is unable to earn a livelihood by manual labor.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof before a Magisterial District Judge, be subject
to a penalty or fine of not more than $300, together with costs of
prosecution for each such violation, or, in default of the payment
thereof, shall suffer imprisonment in the county jail for a period
of not more than 30 days, in the discretion of the Justice before
whom the conviction is obtained.
