From and after the effective date of this chapter it shall be unlawful for any person, not exempted by §
204-7 of this chapter, who is not the holder of a valid and unexpired license issued pursuant to this chapter, to sell or offer for sale or to solicit, by hawking, peddling or vending or advertising by placing advertising materials on premises other than by the postal system, or by placing signs or posters within the Borough, or doing any transient retail business of any goods, wares, printed matter, services, merchandise or food products of any description, or to solicit contributions, gifts or pledges of money or any other thing of value, by visitation to private homes, or residences, or on the streets or highways of the Borough of New Hope in the County of Bucks and Commonwealth of Pennsylvania.
[Amended 8-13-1990 by Ord. No. 1990-2]
A. Any person, not exempted by §
204-7 of this chapter, desiring to obtain a license to engage in the activities described in §
204-1 hereof, shall make application therefor, in person to the Chief of Police of the New Hope Borough Police Department. The applicant shall supply over his signature the following information:
(1) Full name of the applicant and local address, if any;
(3) Permanent address of applicant;
(4) The address at which the applicant will receive notices
under this chapter;
(5) The name and address of his, or her, employer or principal,
if any, and the nature of the business activity thereof;
(6) The nature of the business, or activity, in which the
applicant wishes to engage in the Borough of New Hope;
(7) A statement as to whether the applicant has been convicted
in any jurisdiction of any crime, and if so, where, when, the nature of the
offense and the punishment and penalty imposed therefor;
(8) A statement as to the name, address and nature of employment
of the applicant's previous two places of employment;
(9) Whether the applicant is working alone or will employ
others and is seeking a primary license, or be employed by the holder of a
primary license and is seeking a secondary license; and
(10) A statement as to whether or not the applicant is required
to obtain a license from any county officer; and if the applicant is required
to obtain a license from any county officer, he shall, on making application
to the Chief of Police of the New Hope Borough Police Department, exhibit
a valid county license.
B. The applicant shall, together with the application, submit
to the Chief of Police of New Hope Borough his or her photograph and a written
description of himself or herself.
C. The Chief of Police aforesaid shall make both a current
and past National Crime Information Center Check, and shall submit the application
with the results of the aforesaid check, together with the fee hereinafter
provided for, to the Secretary of New Hope Borough. The Secretary shall issue
a primary license or a secondary license unless the National Crime Information
Center Check reveals facts which would be grounds for revocation of a license.
For the purposes of this chapter, a primary license shall be one for which
a fee as established from time to time by the Borough Council is paid and
shall be issued to the person who is a vendor, merchant, or solicitor, or
a person required to be licensed under this chapter, working alone or with
employees or agents; and a secondary license shall be one for which a fee
as established from time to time by the Borough Council is paid and shall
be issued to any agent or employee or any licensee of a primary license.
[Amended 8-13-1990 by Ord. No. 1990-2; 6-13-2007
by Ord. No. 2007-08]
In addition to providing the aforesaid information, the applicant shall pay the sum as established from time to time by the Borough Council, as the case may be, for the aforementioned license, depending upon whether the application is for a primary or secondary license; such amount to be made payable to the Borough of New Hope for the use of said Borough. Upon submission of said application and supporting evidence of identification, and approval of same, as aforesaid, and the payment of the fee aforesaid, there shall be issued to the aforesaid applicant, after a lapse of seven days, a license in the form of a card which shall, until revoked, entitle the licensee to engage in the activities described in §
204-1 hereof until either the 30th day of June or 31st day of December, next occurring, upon which said date, first occurring, the aforesaid license shall become null and void. The aforesaid license may be renewed, for additional periods of six months, upon payment of the fee hereinabove provided for and by the applicant filing an amendment of the original application to reflect any changes necessary in the information therein contained, but such renewed license may not be issued after a lapse of 72 hours.
Every person to whom either a primary license or secondary license has
been issued hereunder shall, in the carrying on of his or her activity in
the Borough of New Hope, comply with the following rules of conduct:
A. The licensee shall carry his or her license card at all
times and exhibit it upon request to any peace officer or any person upon
whom the licensee shall call, or with whom the licensee shall talk in carrying
on the licensed activity;
B. The licensee shall not permit any other person to have
possession of the license card and shall immediately report its loss to the
Chief of Police of the New Hope Borough Police Department;
C. The licensee shall not cause or permit the said license
card to be altered or defaced;
D. The licensee shall not enter, or attempt to enter, any
dwelling house without the invitation or permission of the occupant and shall
immediately leave any premises upon request;
E. The licensee shall not represent the aforesaid license
card to be an endorsement of the licensee or of the goods or services of his
or her principal or employer;
F. The licensee shall immediately surrender the license
card upon revocation of the license as hereinafter provided;
G. A secondary license shall become void upon the termination
of the employment, or agency, of the holder thereof with the person holding
the primary license; and
H. The licensee shall not establish a temporary or permanent
location of sales or solicitations on public streets, sidewalks or public
rights-of-way or on private property (except on a lot zoned for the purpose
and owned by the licensee). Such temporary or permanent location on private
property shall be subject to all setback requirements, yard requirements,
and other provisions of the New Hope Borough Zoning Ordinance, and the licensee shall be subject to the New Hope Borough Business
Privilege Tax and all other applicable ordinances.
All notices to a licensee or to an applicant for a primary or secondary
license required by this chapter shall be given by written notice personally
served or mailed to the address designated for this purpose in the application
for license. Service of notice shall be completed upon the mailing of a properly
addressed letter.
The following persons are exempted from the license requirements of
this chapter:
A. Farmers engaged in selling only the produce of their
own farms from a truck or other vehicle;
B. Persons soliciting contributions on behalf of organizations
or nonprofit corporations exempted from the provisions of, or duly registered,
pursuant to the Act of 1963, August 9, P.L. 628, provided, while soliciting,
they are in possession of a card or other written evidence of their appointment
or authority to solicit for said organization or nonprofit corporation; and
C. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in §
204-1 hereof, when so engaged; including without limitation, real estate, insurance or securities brokers and salesmen of securities.
[Amended 8-13-1990 by Ord. No. 1990-2]
Any person who shall violate any provision of this chapter shall, upon
conviction before any District Justice of Bucks County, be subject to a fine
or penalty of not less than $25 nor more than $600 and costs, or in default
of payment thereof, shall be subject to imprisonment for a term not to exceed
30 days. Each day that the aforesaid violation is continued shall constitute
a new and separate offense, punishable by like fine, penalty or imprisonment.