As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
An individual desiring to solicit or peddle within Lower
Gwynedd Township on behalf of any person as hereinafter defined.
APPLICATION
The written request to solicit and/or peddle within Lower
Gwynedd Township on an application form approved by the Chief of Police
of Lower Gwynedd Township or his/her designee.
CODE
The Lower Gwynedd Township Code, as amended.
LICENSE
-Written permission to peddle and solicit within Lower Gwynedd
Township.
NO SOLICITATION LIST
The list of the names of persons who have communicated, in
writing or by email to the Chief of Police notifying the Township
that he/she does not want to be peddled or solicited by any third
parties governed by the provisions of this chapter of the Code.
PEDDLER
Any person who shall engage in peddling as herein defined.
PEDDLING
The selling or offering for sale of any goods, wares, services,
or merchandise, products for immediate delivery or the taking of orders
or the execution of an application for goods, wares, services or merchandise
to be delivered at a later time which the person is selling or offering
for sale and may carry with him or her or has in his/her possession
or control upon any of the streets or sidewalks or from house to house
or by the visitation to private residences or by entering in or upon
private property within said Township. For the purpose of this definition,
a carrying of a written contract for the purchase of goods, wares,
services or merchandise or similar product shall also constitute peddling.
PERSON
Any natural person, association, partnership, firm, organization,
corporation or any other business organization.
POINT OF SALE
The actual location of peddling or soliciting activity, primarily
characterized by the point of sale occurring on private property within
the Township.
SOLICITING
The seeking or execution 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 or from house
to house or by visitation to private residences or by entering in
or upon private property within the Township, and further, the seeking
or taking of contracts or orders for home or other building repairs,
improvements and alterations and also orders or contracts for any
mechanical, electrical, plumbing or heating device or equipment or
other building improvements or repairs upon or from the places aforesaid
within the Township. Soliciting shall not, however, include the canvasing
of a private residence for political, religious or other charitable
purpose where the charitable purpose is the primary purpose of the
canvasing.
SOLICITOR
Any person who shall engage in soliciting as herein defined.
STREET SALES
The activity of a person selling any goods from any type
of portable stand, table or in a vehicle located on any street, roadway
or public right-of-way, except on a sidewalk abutting a property of
which such person is the owner or lawful occupant thereof.
TOWNSHIP
The Township of Lower Gwynedd, Montgomery County, Pennsylvania.
TRANSIENT MERCHANT
Any person, whether principal or agent, who offers for sale
any goods, wares or merchandise under the terms and conditions specified
in Article XVIII of the Second-Class Township Code (53 P.S. § 66801).
Upon review of the application, the Chief of Police may refuse
to issue a license to the applicant for any of the following reasons:
A. If the application is incomplete;
B. If the information provides a reasonable basis for determining that
the public health, safety, and welfare of Township residents will
be threatened by the issuance of a license to the applicant;
C. If there are misrepresentations in the application, or if any fraud
or deceit is identified within the application, or if fraud or deception
has been identified in the practices of the applicant, organization
or agent thereof;
D. Failure to comply with any applicable Pennsylvania law concerning
soliciting, peddling, or consumer sales;
E. Sale or offering for sale of illegal merchandise;
F. Employment of a felon or wanted person;
G. Conviction for any crime involving moral turpitude; or
H. The prior violation of this chapter by the individual issued the
license.
Any license issued under this chapter may be revoked or suspended
by the Chief of Police or the designee for any of the following reasons:
A. Fraud, misrepresentation or false statement contained in the application
for a license;
B. B. Fraud, misrepresentation or false statement made by the licensee
in the course of peddling or soliciting;
C. Peddling or soliciting in violation of this chapter or contrary to
the provisions contained in the license;
D. Conviction for any crime involving moral turpitude; or
E. Peddling or soliciting in such a manner as to create a public nuisance
or a breach of the peace, endanger the health, safety or general welfare
of the public, or otherwise be in violation of local, state or federal
law.
The provisions of this chapter shall not apply to:
A. The sale of goods, wares and merchandise donated by the owners thereof,
when the proceeds are to be applied to any charitable or philanthropic
purpose within the meaning of Section 501(c)(3) of the Internal Revenue
Code.
B. The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance.
C. 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. § 621.1 et
seq. governing solicitations for charitable, benevolent, patriotic
or other purposes.
D. Any volunteer fire company or volunteer rescue unit.
E. Any persons not receiving compensation and acting on behalf of any
organization holding an exemption for federal income tax under Section
502(c)(3) of the Internal Revenue Code.
F. Persons, corporations, partnerships and associations otherwise licensed
by the Township to conduct business within the Township, through interstate
commerce or through the delivery of goods or wares to persons who
had ordered same or agreed to have same goods delivered.
G. Farmers selling their own produce.
H. Persons seeking local, county, state or federal elective office or
persons engaged on behalf of a candidate for local, county, state
or federal elective office or engaged in any other political activity.
I. Any persons, organizations or corporations that have received approval
from Lower Gwynedd Township to conduct a special event within the
Township shall be responsible for the vendors participating within
the boundaries of that event. Registered vendors will receive permission
to operate their stands for that special event only. No other vendors
will be permitted within the boundary area of such event during the
time period designated for the special event.
J. Applications may be made by a school, group or organization, regularly
engaged in fund-raising activities throughout the year for charitable,
nonprofit, sports or educational purposes. Said application will be
without fee.
No person shall engage in soliciting or peddling between the
hours of 5:00 p.m. and 9:00 a.m.
It shall be unlawful for any person while either peddling or
soliciting to knock, ring the doorbell, or otherwise attempt to gain
the attention of the occupant(s) of the residence other than at the
primary entrance to the residence.
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; nor shall any such person place or
deposit any refuse on any such streets, highways or alleys; nor shall
any such person maintain or keep a street or curbstone market by parking
any vehicle upon any street or alley in the Township for 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 streets, highways,
alleys or sidewalks of the Township for the purpose of soliciting
or peddling with or without any stand or counter.