[HISTORY: Adopted by the Board of Supervisors of the Township of
Raccoon 10-10-1977 by Ord. No. 4-77. Amendments
noted where applicable.]
A.
HOLIDAY
PEDDLER
PEDDLING
(1)
(2)
(a)
(b)
(c)
(d)
(e)
PERSON
SOLICITING
SOLICITOR
As used in this chapter the following words shall have
the meanings indicated.
The following are holidays as observed by the municipality: New Year's
Day, President's Day, Martin Luther King Day, Memorial Day, Veterans Day,
Fourth of July, Labor Day, Thanksgiving, Christmas Eve, and Christmas. If
the holiday falls on a Saturday, the municipality will observe the preceding
Friday. If the holiday falls on a Sunday, the municipality will observe the
following Monday. [1]
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services or merchandise
for immediate delivery, which the person selling or offering for sale carries
with him in traveling or has in his possession or control, upon any of the
streets or sidewalks, from house to house, by visitation to private residences,
or by entering in or upon private property within the Township.
Soliciting and peddling shall not apply to:
[Amended 3-10-1981 by Ord.
No. 2-81]
Farmers seeking or taking orders for the sale of their own products;
The seeking or taking of orders by any manufacturer or producer for
the sale of bread and bakery products, meat and neat products or milk and
milk products;
The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance;
Any person taking orders for merchandise from dealers or merchants,
for resale to an ultimate consumer;
Any resident of the Township of Raccoon who is a member of any fraternal,
benevolent, civic or charitable association when soliciting for a fund drive
associated with the activities of the aforementioned associations.
Any natural person, association, partnership, firm, organization
or corporation
The seeking or taking of contracts or orders for any goods, wares,
services or merchandise for future delivery, or for subscriptions or contributions,
upon any of the streets or sidewalks, from house to house, by visitation to
private residences, or by entering in or upon private property, within the
Township.
Any person who shall engage in soliciting as hereinabove defined.
B.
In this chapter, the singular shall include the plural
and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Township without
first having taken out a license as herein provided.
A.
Every person desiring to engage in soliciting or peddling
in the Township shall first make application to the Secretary of the Board
of Supervisors for a license. If such person shall also be required to obtain
a license from any county officer, he shall, on making such application, exhibit
a valid county license. The application shall be upon a blank provided by
the Township Secretary and shall contain at least the following information
verified by oath or affirmation:
(1)
Full name of the applicant and local address, if any;
(2)
Permanent address;
(3)
Name of employer or a statement that such applicant is self-employed;
(4)
The nature of the goods, wares, services or merchandise offered
for sale;
(5)
A statement as to whether or not the applicant has ever been
convicted of any crime, and if the answer is in the affirmative, the nature
of the offense or offenses and the punishment or punishments imposed there;
(6)
The type and license number of vehicles to be used, if any.
(7)
Upon request, the applicant shall furnish a photograph.
B.
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above shall
be given for each helper and verified or affirmed by oath or affirmation by
him, and an individual license shall be required for each helper. No license
under this chapter shall be transferable from one person to another.
[Amended 3-10-1981 by Ord.
No. 2-81[1]]
No license shall be issued under this chapter until the sum, as set
from time to time by resolution of the Board of Supervisors, shall be paid
to the Township Secretary and it shall be for the use of the Township. 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 licenses for his employees, agents or
servants. The license fee required to be paid shall not apply to:
A.
The sale of goods, wares and merchandise donated by the
owners thereof, the proceeds whereof are to be applied to any charitable or
philanthropic purpose;
B.
Persons, corporations, partnerships and associations,
their agents or employees, who have complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act (10 P.S. § 162.1 et seq.) governing
solicitations for charitable, benevolent, patriotic or other purpose.
The license granted pursuant to this chapter shall be valid for 30 days after the new date of such license and, upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance of the license fee for each thirty-day period provided in § 131-4.
Such license, when issued, shall state, inter alia, the products to
be sold or services to be rendered by the licensee. Every solicitor or peddler
shall at all times, when engaged in soliciting or peddling in the Township,
carry such license upon his person and shall exhibit it upon request to all
police officers. Township officials and citizens. No solicitor or peddler
shall engage in selling any product or service not mentioned on such license.
[Amended 3-10-1081 by Ord.
No. 2-81 [1]]
No person licensed as a solicitor or peddler under this chapter shall
engage in soliciting or peddling on a Sunday or legal holiday except by prior
appointment, and on any other day of the week other than between the hours
of 9:00 a.m. to 4:00 p.m.
No person licensed as a solicitor or peddler under this chapter shall
park any vehicle upon any of the streets, highways or alleys of the Township
in order to sort, rearrange or clean any of his goods, wares, services or
merchandise. No such person shall place or deposit any refuse on any such
streets, highways or alleys. No such person shall maintain or keep a street
or curbstone market by parking any vehicle upon any street or alley in the
Township for any longer than necessary in order to sell therefrom to persons
residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter shall
occupy any fixed location upon any of the sidewalks of the streets, highways,
alleys or sidewalks of the Township for the purpose of soliciting or peddling
with or without any stand or counter.
No person licensed as a solicitor or peddler under this chapter shall
hawk or cry his wares or services upon any of the streets or sidewalks of
the Township, nor shall he use any loud speaker, bell, whistle or other device
for announcing his presence by which the public is annoyed.
The Secretary shall keep a record of all licenses issued under this
chapter and the Chief of Police shall apply daily for a list of licenses hereunder
since the previous day. The Chief of Police shall supervise the activities
of all holders of such licenses, and make a report thereof each month to the
Board of Supervisors.
Any license issued under this chapter may be suspended at any time by
the Secretary of the Township for violation of any of the provisions of this
chapter, or for giving false information on any application for a license
hereunder or for the applicant or licensee having been convicted of a crime
involving moral turpitude after issuance of such license or for the licensee
having been convicted of disorderly conduct under any law of the Commonwealth
of Pennsylvania or any ordinance of the Township. Appeals from any suspension
may be made to the Board of Supervisors at any time within 10 days after such
suspension. No part of a license fee shall be refunded to any person whose
license shall have been suspended.
[Amended 3-10-1081 by Ord.
No. 2-81]