[HISTORY: Adopted by the Borough Council of the Borough of Emsworth 6-9-1993
by Ord. No. 858. Amendments noted where applicable.]
No person shall vend, market, peddle, canvass, and sell merchandise,
wares, goods and/or services from house to house or at any location within
the Borough of Emsworth without having previously obtained a permit to do
so in accordance with the provisions of this chapter.
[Amended 11-10-1999 by Ord. No. 909]
A.
Any person desiring to engage in any of the activities described in §§ 169-1 and 169-5 hereof shall first make a written application to the Borough Secretary, Borough Administrative Offices or the Borough's designated agent for a permit. He shall, when making said application, exhibit a valid license from any state or county office, if such a license is also required. The written application shall contain the following information and any other additional data as may reasonably be required for the Borough to make a decision as to the issuance of the permit:
[Amended 11-13-2002 by Ord. No. 931]
(1)
Name, age, sex, home and business addresses and telephone
numbers, both home and office.
(2)
Name and address of applicant's employer, if any,
or the organization for which he is soliciting. Only one application per organization
is required; however, all solicitors for each organization must be registered.
(3)
A description of the types of goods, wares and merchandise
he wished to deal with in such transient retail business or the purposes for
which contributions are being solicited.
(4)
Length of time for which the permit is to be issued.
(5)
Make, type and license number of all the vehicles to
be used during solicitation throughout the Borough.
(6)
A valid photo identification card of all individuals
to be soliciting within the Borough. A copy shall be made for the Borough
files.
B.
The Borough of Emsworth reserves the right to verify
any and all information contained in the application or request any additional
information as the Borough deems advisable.
A.
Each applicant for a permit to vend, market, peddle,
canvass, solicit or engage in the sale of merchandise, wares or goods and
services shall, upon filing said application for a permit, pay a fee according
to the following table:
B.
Said fees may hereafter be amended by ordinance or resolution
of the Borough Council of the Borough of Emsworth.
A.
The Mayor or his/her designee shall, within three working
days after the application is made and the fee paid, either grant or deny
said application, and shall state in writing the reasons for a denial.
B.
The permit shall indicate the name of the applicant and
the dates for which the permit is approved. Every permit holder shall carry,
at all times, the permit upon his person if engaged in transient retail business
from house to house or upon any of the streets, alleys, sidewalks or public
grounds, and shall display such permit at the location where he shall engage
in such business if doing so at a fixed location. He shall exhibit such permit
upon request, to all police officers, municipal officials and citizens of
the Borough.
[Added 11-10-1999 by Ord. No. 909]
C.
The Mayor or his designee shall be authorized to deny,
suspend, or revoke any permit applied for or issued for any reasonable grounds
related to violations implicit to this chapter or other ordinances related
to the health, safety and welfare of Borough residents, which the permit holder
may have violated.
[Added 11-10-1999 by Ord. No. 909]
D.
Appeals from any permit denials, suspension or revocations
shall be made in writing by the aggrieved party to the Borough Council within
10 days from the date of denial, suspension or revocation. A Council hearing
shall be held within 20 days of the filing of said appeal. An opinion shall
be issued by Council no later than five days after the hearing. Notwithstanding
the result of the hearing, no portion of the permit fee shall be refunded
to any applicant.
[Added 11-10-1999 by Ord. No. 909]
A.
The provisions of § 169-3 of this chapter shall not apply to:
(1)
Farmers selling their own produce;
(2)
The sale of goods, wares, merchandise donated by the
owners proceeds of the sale of which are donated to a charitable or philanthropic
organization;
(3)
Any manufacturer or producer in the sale of bread and
bakery products, meats and meat products, or milk and milk products;
(4)
Any individual(s) selling or collecting for religious or political organizations, or any other entity exercising their rights under the First Amendment of the United States Constitution, shall be exempt from §§ 169-1, 169-2, 169-3, 169-4, 169-7 and 169-8. Further, no application or permit shall be required for said individuals or organizations.
[Amended 11-13-2002 by Ord. No. 931]
(5)
Any nonprofit organization [not characterized under § 169-5A(4)] selling or collecting for the nonprofit organization, providing the said nonprofit organization provides its tax identification number on the application.
[Added 11-13-2002 by Ord. No. 931]
(6)
To any person who is characterized under § 169-5A(5) of this chapter, a nonprofit organization, said provision shall apply if such person has complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, December 19, 1990, P.L. 1200, No. 202, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[Added 11-10-1999 by Ord. No. 909;
amended 11-13-2002 by Ord. No. 931]
B.
However, all persons exempted from the payment of the permit fee shall irregardless be required to register with the Borough Secretary or the Borough's designated agent and to obtain a permit without a fee provided, any person dealing in one or more of the above mentioned categories [§ 169-5A(1), (2), (3) and (5)].
[Added 11-10-1999 by Ord. No. 909;
amended 11-13-2002 by Ord. No. 931]
As used in this chapter, the following terms shall have the meanings
indicated:
That part of a calendar day beginning at 9:00 a.m. and ending at
8:00 p.m., local time.
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas.
[Added 11-10-1999 by Ord. No. 909]
Any natural person(s), firm, partnership, association, organization
or corporation.
[Added 11-10-1999
by Ord. No. 909]
Engaging in peddling, soliciting, canvassing, vending or taking orders,
either by sample or otherwise, for any goods, wares or merchandise upon any
street, alley, sidewalk or public crowd, or from house to house, within the
Borough.
Selling, soliciting, or taking orders for any goods, wares or merchandise
from a fixed location within the Borough, on a temporary basis, which shall
include, but not be limited to, such activities conducted at the time of special
occasions or celebrations, for seasonal purposes or for yearly holidays.
Canvass by means of the practice of going from dwelling unit to dwelling
unit to conduct surveys for research purposes (other than those conducted
by an agency of the state or federal government), to make analyses, to take
opinion polls, to compile rating data and to conduct any similar work which,
by its nature, involves door-to-door or place-to-place activity, including
the obtaining of contributions or donations for any person or organization
and the advancement of religious, social, or political causes and proselytizing
with regarding thereto.
[Amended 11-10-1999 by Ord. No. 909]
A.
Notwithstanding any provision of this chapter, there
shall be no soliciting from door to door on Sundays or any holidays, although
soliciting from a single business location shall be permitted on Sundays or
any holidays.
B.
No person in any transient retail business shall:
(1)
Sell any product or type of product not mentioned in
his written application or issued permit.
(2)
When operating from a vehicle, stop or park such vehicle
upon any of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing or walking in the immediate
vicinity except as part of an organized fair or festival.
(3)
Carry on transient retail business activities at a private
residence or business premises exhibiting a sign reading "no solicitor" or
words of similar sign, not to exceed 100 square inches in size, and may be
placed on residential or business premises for the purpose set forth in this
chapter and this section, and conspicuously displayed near the entrance or
doorway.
(4)
Carry on transient retail business activities at a private
residence or business premises detailed and enumerated on the "list of residences
requesting no solicitation" (no soliciting list) as supplied by the Borough
to any permit holder.
C.
The Borough Secretary or Borough Administrative Officer
shall supervise the activities of all persons holding permits. He shall keep
a detailed record of all written applications and permits issued hereunder.
D.
The Borough Secretary or Borough Administrative Officer
shall maintain an updated list of the address of Borough residents who have
stated in writing to the Borough Secretary's office that they do not
wish to be solicited at any time. Borough residents' addresses shall stay
upon this (no soliciting list) until such time as they submit a writing to
the Borough Secretary's office that they wish to be removed.
Any person violating the provisions of this chapter shall, upon conviction
thereof by any District Justice or other court of competent jurisdiction,
be sentenced to pay a fine of not more than $600 for each offense, plus costs
of prosecution, and, in default of payment of such fine and costs, to imprisonment
not to exceed 30 days.[1]
