[Adopted 7-8-1985 by Ord. No. 85-05; amended
in its entirety 1-9-1995 by Ord. No. 95-01]
[Amended 7-13-2015 by Ord. No. 2015-05]
From and after the enactment hereof, it shall be unlawful for
any person who is not the holder of a valid and unexpired Uwchlan
Township solicitor's permit card, issued pursuant to Ordinance
No. 95-01, as amended, to engage in selling, purchase 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, or to engage
in making surveys, or to distribute samples by visitation to private
homes, residences or businesses, or on public streets or highways
of Uwchlan Township, provided that minor persons being under 18 years
of age engaged in selling merchandise or soliciting contributions
as part of their school, athletic or service organization activities
shall be exempted from all the requirements of this article. Nothing
in this section shall preclude the distribution of political or religious
flyers, pamphlets, or tracts at no cost, or require that individuals
merely engaging in religious or political speech be required to register
under this chapter.
Every person to whom a license has been issued
shall, in the carrying on of his/her business or activities in the
Township, comply with the following rules of conduct:
A. The individual shall carry and exhibit the Uwchlan
Township solicitor's permit card at all times.
B. The licensee shall not permit any other person to
have possession of the permit card and shall immediately notify the
Township Secretary of its loss. This person shall not cause or permit
the permit card to be altered or defaced.
C. He/she shall not enter or attempt to enter any dwelling house, business
or industry without invitation or permission of the occupant and shall
leave the property upon request.
[Amended 7-13-2015 by Ord. No. 2015-05]
D. The individual shall not represent the Uwchlan Township
solicitor's permit card to be an endorsement of himself/herself or
of his/her goods or of the goods or services of his/her principal
or employer.
E. The approved vendor, employees or agents thereof shall not engage in any business or activity authorized under §
184-1 except between the hours of 8:00 a.m. and 8:00 p.m. of the then current prevailing time.
F. The approved vendor shall not permit the throwing
or discarding of any paper, debris or other such items upon the public
streets, highways or other places of Uwchlan Township.
G. All mobile vehicles for the purpose of vending food
products shall have suitable trash and recycling containers clearly
marked as such, and the vehicle shall clearly bear the markings and
identifications of the licensed vendor. The vehicle must clearly display
any and all required licenses from any federal, state, county and/or
local agency.
H. The approved vendor shall not conduct his/her business
activity at any geographical location within Uwchlan Township that
is deemed to be unsafe due to traffic hazards or other similar situations
by the Township Manager, Chief of Police or other designate as authorized
by Uwchlan Township.
I. The approved vendor shall immediately surrender his/her
Uwchlan Township solicitor's permit card and all permit cards of his/her
employees or agents upon revocation and notification of revocation
of said license as herein provided.
J. The approved vendor shall notify the Uwchlan Township
Police Department on a daily basis of the times and locations of any
and all activities being conducted in the Township.
K. A permit card issued pursuant to this chapter is not transferable
to any other person or entity. A permit card issued pursuant to this
chapter is not transferable to any employee or agent of a licensee
who is not listed in the licensee's permit card application.
A separate application shall be filed and a separate permit fee shall
be paid by each person who shall actually conduct the soliciting or
peddling and shall apply where an employer desires to secure permit
cards for his employees or agents.
[Added 7-13-2015 by Ord.
No. 2015-05]
L. A permit card issued pursuant to this chapter shall be valid only for engaging in the specific business, activity, or purpose provided in the permit card application. A licensee shall not engage in any business, activity, or purpose authorized under §
184-1 other than that which was provided in the permit card application.
[Added 7-13-2015 by Ord.
No. 2015-05]
M. The licensee shall not engage in peddling or soliciting in a manner
that:
[Added 7-13-2015 by Ord.
No. 2015-05]
(1) Is intended to or is likely to intimidate a person into responding
affirmatively to the peddling or soliciting activity; or
(2) Is likely to cause a reasonable person to fear imminent bodily harm
or the commission of a criminal act upon a person's property.
[Amended 7-13-2015 by Ord. No. 2015-05]
Any license hereafter issued may be immediately revoked by the Uwchlan Township Police or the Township upon the failure of the licensee to comply with the standards of conduct established by §
184-3 hereof or upon ascertainment that the licensee has made any false statement in the application for license. 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 application has been denied
or whose license has been revoked shall be entitled to appear with
counsel, if he/she so desires, before the Board of Supervisors at
a regular or special meeting and be heard in behalf of a request for
approval of a license or for reinstatement of the license.
[Amended 10-22-2009 by Ord. No. 2009-04]
The following persons are exempted from the licensing fee and renewal fee requirements of §
184-2 of this article, provided that such persons shall comply with all other provisions of this article, including but not limited to the requirement to carry and exhibit the Uwchlan Township solicitor's permit card at all times:
A. Persons soliciting contributions on behalf of charitable
organizations exempted from the provisions of, or duly registered
pursuant to, the Solicitation of Funds for Charitable Purposes Act,
as amended, Act of December 19, 1990, P.L. 1200, No. 202, 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 only while selling such on
his/her own property.
C. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in §
184-1 hereof, when so engaged, including, with limitation, real estate, insurance or securities brokers and salesmen.
D. Authorized persons engaged in making surveys or collecting
information for the federal, state, county or Uwchlan Township government
or any agency thereof. Also exempt shall be authorized persons engaged
in making surveys or collecting information for bona fide educational
or quasi-governmental agencies if each activity has been previously
approved by the Board of Supervisors.
[Amended 3-24-1997 by Ord. No. 97-05; 10-22-2009 by Ord. No. 2009-04]
Any person who violates any provisions of this
article shall be subject to a criminal fine in an amount not to exceed
$1,000, plus the cost of prosecution, including reasonable attorneys'
fees, for each such violation. In default of payment thereof, the
defendant may be sentenced to imprisonment for a term not exceeding
90 days. Each sale or offer to sell shall constitute a separate violation.
Each intentionally falsified application form submitted shall constitute
a separate violation of this section. Enforcement of this article
shall be by action brought before a Magisterial District Judge in
the same manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure. The Township Solicitor
may assume charge of the prosecution without the consent of the District
Attorney.
[Added 7-13-2015 by Ord.
No. 2015-05]
A. Any resident of Uwchlan Township may register with the Uwchlan Township
Police Department by signing a registration application indicating
that such owner or resident of such home does not wish to be solicited.
B. Any person seeking a permit card under the provisions of this chapter
shall, in signing the application to obtain the same, agree that he
or she will not solicit homes whose owners or residents have signed
a registration list which indicates that such owner or resident of
such home does not wish to be solicited. Such a list shall be held
by the Police Department, and a copy thereof shall be given to each
person obtaining a license and identification card under the provisions
of this chapter. In the event that such person soliciting within the
boundaries of the Township shall fail to recognize the wishes of the
homeowner or the resident of such home expressed in the notice, then
any such attempt to solicit such home shall result in a revocation
of the solicitor's license and identification card.
[Adopted 2-23-1998 by Ord. No. 98-02]
Any person desiring to engage in the business
of door-to-door sales in Uwchlan Township shall, prior to engaging
in said business, register with the Uwchlan Township Municipal Office
and apply for and obtain a transient retail merchant's permit.
[Amended 10-22-2009 by Ord. No. 2009-04]
The transient retail merchant's permit shall
be valid for a period of no more than 30 days. A fee as set from time
to time by resolution of the Board of Supervisors per permit shall
be due and payable from the applicant at the time of issuance of the
permit.
[Amended 10-22-2009 by Ord. No. 2009-04]
Any person who violates or permits the violation
of this article shall, upon being found liable therefor in an appropriate
proceeding commenced by the Township, pay a fine of no more than $600
plus all court costs, including reasonable attorneys' fees, incurred
by the Township.