[HISTORY: Adopted by the Borough Council
of the Borough of Trappe as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-6-1975 by Ord. No. 196 (Part
6, Ch. 2, Art. D, of the 1987 Code)]
It shall be unlawful for any person, not exempted by § 235-6, who is not the holder of a valid and unexpired license issued under this article, to engage in selling, purchasing, soliciting, or peddling, 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 streets or public property in the Borough.
[Amended 5-1-1979 by Ord. No. 196-A]
Any person not exempted by § 235-6, desiring to obtain a license to engage in any of the activities described in § 235-1, shall make application for a license to the Mayor.
A.
The applicant shall supply over his signature the
following information:
(1)
His name;
(2)
His place and date of birth;
(3)
His address;
(4)
His residence;
(5)
The address at which he will receive notices under
this article;
(6)
Name and address of his employer or principal, and
nature of his business activity;
(7)
Nature of the business or activity in which the applicant
wishes to engage within the Borough;
(8)
A statement whether the applicant has ever been convicted
in any jurisdiction of any crime and if so, what crimes, where and
when.
B.
Upon submission of the application and the payment
of a fee of $10, a license shall be issued to the applicant in the
form of a card which shall, unless revoked, entitle the license holder
to engage in the activities specified for a period of six months from
the date of issuance, provided that the Mayor may refuse to issue
a license provided that there are reasonable grounds for believing
the applicant to be of poor moral character, in which event the applicant
shall be required to apply in person to Council.
C.
Licenses may be renewed semiannually, upon payment
of the fee hereinabove provided for and amendment of the original
application to reflect any changes necessary in the information contained
in the original application.
[Amended 5-1-1979 by Ord. No. 196-A]
Every person to whom a license is issued under
this article shall, in carrying on his business or activities in the
Borough, comply with the following conditions and rules of conduct:
A.
He shall carry his license card at all times and exhibit
it upon request to any peace officer or any person upon whom he calls
or with whom he talks in carrying on his licensed activities.
B.
His license card is not transferable and he shall
not permit or allow any other person to use it and he shall immediately
report its loss to the Mayor, should such event occur. His card shall
not be altered or defaced nor shall be permit it to be.
C.
He shall not enter, or attempt to enter, any dwelling
or business house without invitation or permission of the occupant
and shall immediately leave any premises upon request.
D.
He shall not represent his license card to be an endorsement
of himself, or of his goods, wares or services or of the goods, wares,
or services of his employer.
E.
He shall immediately surrender his license card upon revocation of his license as provided in § 235-4.
F.
He shall carry on his business between the hours of
10:30 a.m. and 8:00 p.m. only.
[Amended 6-7-1988 by Res. No. 88-5]
Any license may be revoked by Council upon failure of the license holder to comply with the standards of conduct established by § 235-3 or upon ascertaining that he has made any false statement in his application for license. Notice of revocation shall be given by written notice served or sent by certified or registered mail to the address designated for the purpose in the license application.
Any person whose license is revoked shall be
entitled to appear with counsel, if he desires, before Council at
a regular or special meeting and be heard in behalf of a reinstatement
of his license.
The following persons are exempted from the
licensing requirements of this article:
A.
Persons soliciting contributions in behalf of organizations
or nonprofit corporations exempted from the provisions of, or duly
registered pursuant to the Act of 1925 May 13, P.L. 644,[1] as amended; 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: Repealed 8-9-1963 by P.L. 628.
See now 10 P.S. § 162.1 et seq.
B.
Those who regularly make deliveries to people in the
community such as milkmen, ice cream vendors, breadmen, and party-snack
delivery men.
C.
To farmers selling or offering to sell milk, dairy
products, vegetables, meats, poultry, eggs and other farm and garden
produce produced on their farms.
D.
To the sale or solicitation of orders for the sale
of foodstuffs, produce, goods, wares, merchandise, or anything of
value donated by the owners thereof, the proceeds thereof are to be
applied to any religious, charitable, or philanthropic purpose.
E.
To any manufacturer, producers, or agent or representative
thereof, selling or offering for sale bread and bakery products, milk
and dairy products, meat and meat products, or ice or fuel.
F.
To any merchant, grocer or dealer, or his agent or
representative delivering goods purchased at their stores or places
of business.
G.
To any person delivering laundry, cleaning, newspapers
and other publications, or any other commodity which the owner or
owners, occupant or occupants of a private residence has requested
to be delivered.
[Amended 5-1-1979 by Ord. No. 196-A]
When an issue is raised as to whether an activity falls within the meaning of this article or is otherwise exempted under § 235-6, the Mayor shall have the authority to make an initial determination concerning the activity in question. If the Mayor rules adversely against the moving party, the party may file an appeal before Council requesting a hearing on the matter. The appeal shall be effectuated by a written statement under oath made within 20 days of the decision of the Mayor. The petitioner shall submit a filing fee of $150 in order to effectuate the party's appeal.
