Borough of Phoenixville, PA
Chester County
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Table of Contents
Table of Contents
[Ord. 2178,[1] 4/12/2011, § 1]
It is the desire of the Borough Council of Phoenixville to regulate the peddling, soliciting and distribution of certain materials and related activities within the Borough of Phoenixville. The Borough further desires that persons engaged in such activities shall be required to obtain a license so that the identity of those persons may be established; so that general regulations may be more effectively enforced to protect the health, safety and welfare of Borough residents; and to prevent dishonest business practices and the dishonest solicitation of funds in the Borough.
[1]
Editor's Note: This ordinance also repealed former Part 7, Peddlers; Transient Retailers, adopted as follows: Subpart A, Peddlers, Ord. 8/9/1960B, as amended; Subpart B, Transient Retailers, Ord. 8/9/1960A, as amended; Subpart C, Advertising Materials, Ord. 1405, as amended.
[Ord. 2178, 4/12/2011, § 1]
1. 
As used in this Part 7, the following terms shall have the meanings indicated:
APPLICANT
Any person who makes application for the purpose of canvassing, distributing, peddling or soliciting.
CANVASSER
Any person who goes from door to door as described above for the purpose of soliciting contributions for nonprofit or charitable organizations or who collects funds from a stationary location or other public place, other than a public street.
DISTRIBUTOR
Any person who distributes or causes to be distributed on any street or public place within the Borough any handbill, advertisement, circular, card, pamphlet or printed material of any kind other than a regularly delivered newspaper, magazine or periodical.
LICENSEE
Any person issued a license under this Part authorizing the holder thereof to engage in certain business activity, with or without any stand or counter, as approved by the Borough.
MERCHANDISE
All goods; wares; food; meat; fish; ice cream; fruit; vegetables; magazines; periodicals; printed materials; farm products; services and order or contracts for services, home improvements or alterations; and anything that may be sold or distributed by peddlers, solicitors or distributors, as defined herein.
MOBILE VENDOR
Shall mean and include a food service establishment not more than eight feet in width and 18 feet in length attached to wheels and which is capable of moving under its own power or be a self-contained unit readily moved. Such mobile vendors must contain a wash basin, provide napkins and have all utilities and facilities contained within it or capable of hookup thereto in order to serve persons present at its location.
PEDDLER
Any person who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, carrying or transporting merchandise or soliciting business for services for the purpose of selling and delivering the merchandise or service to customers.
PEDDLING
Engaging in selling, canvassing, soliciting (or taking of orders, either by sample or otherwise) of any goods, wares, merchandise or service upon any of the streets or sidewalks or from house to house or at any public place or any place frequented by the public within the Borough.
PERSON
Any natural person, partnership, association, firm, corporation or other legal entity.
SOLICITOR
Any person who goes from house to house, from place to place or from street to street, traveling by foot, automotive vehicle or any other type of conveyance, soliciting, taking or attempting to take orders for the sale of merchandise or services of any kind for future performance or delivery, whether or not he is collecting advance payments on such sales or orders, or who engages in such activities from a stationary location on any street or in any other public place. The term "solicitor" shall also include "canvasser" or any person who goes from door to door as described above for the purpose of soliciting contributions or who collects funds from a stationary location on any street or other public place.
2. 
In these regulations, the singular shall include the plural, and the masculine shall include the feminine.
[Ord. 2178, 4/12/2011, § 1]
No person shall, either directly or indirectly, sell goods, wares, merchandise, magazines, periodicals, books, services or other personal property by canvassing or soliciting or solicit or canvass for contributions in the Borough without first having registered with and obtained a license from the Borough, including the payment of the required application fee and/or related fees set forth in the Master Fee Schedule.
[Ord. 2178, 4/12/2011, § 1]
1. 
It shall be unlawful for any person to sell, offer for sale or distribute any merchandise, printed material or services or to solicit contributions, gifts, pledges of money or any other thing of value or to conduct surveys or distribute samples by visitation to private residences, or any public place, or on public streets or sidewalks in the Borough without first submitting the required application on a form to be furnished by the Borough, containing the following minimum information as well as additional documentation set forth in this application requirements section and receiving a license for same:
A. 
The full name of the applicant and applicant's sex.
B. 
The applicant's date of birth.
C. 
The permanent home address and local address of the applicant.
D. 
The name, address, phone number, and Tax ID of the applicant's employer or principal.
E. 
The nature of the business activity in which the applicant wishes to engage and a description of the merchandise to be sold or the service to be performed.
F. 
The days of the week and hours the applicant wishes to engage in such activity.
G. 
If a vehicle is to be used:
(1) 
Description of such vehicle (make, model, year);
(2) 
Vehicle license number and expiration date; and
(3) 
Operator's driver's license number and expiration date.
H. 
A statement as to whether the applicant has been convicted of any crime, felony, misdemeanor or violation of any municipal ordinance, the nature of the offense and the penalty assessed therefor.
2. 
No application for a license under this chapter shall be granted for any activity requiring a permit or other approval of the Chester County Health Department unless the permit or other approval has been issued to the applicant by the Chester County Health Department prior to the submission of an application to the Borough. The applicant shall provide proof of all required Chester County Health Department permits and approvals at the time of submission of any application under this Part.
3. 
If an applicant intends to use assistants or helpers, all applicable information specified above shall be given for each assistant, and an individual license shall be required for each assistant.
4. 
Each application will be accompanied by a photograph (two-inch by three-inch minimum) of the applicant's full, uncovered face and head, taken within 60 days of and prior to the date of application.
5. 
The application shall contain the signature of the employer as well as of the applicant and shall contain an agreement on the part of the employer, in consideration of the issuance of such license, to become liable for any and all acts of such applicant, while within the Borough, in violation of law or otherwise.
6. 
A license will not be issued to any person who has been convicted of a felony, misdemeanor or a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in canvassing and soliciting in the Borough.
7. 
No license issued under this Part shall be transferable from one person to another person.
[Ord. 2178, 4/12/2011, § 1]
1. 
All applications shall be submitted to and reviewed by the Borough Police Department. In the event that such review indicates that the granting of a license would or might be injurious to the public interest or to the public health, safety or welfare, the Borough Manager or his designee shall have the power and authority to refuse to issue such license. In any instance where the Chief of Police or his designee should deem it necessary or advisable to secure a background check, at the applicant's expense, refusal of the applicant to voluntarily furnish such background check shall constitute, in and of itself, sufficient and valid grounds for refusal to issue such license.
2. 
The Borough Manager or his designee has the power and authority to refuse to issue a license or to revoke a license due to the submission of an incomplete application, due to incomplete documentation being provided by the applicant or failure to comply with the requirements set forth in this Part.
3. 
No license will be issued and no sales permitted of the following:
A. 
Fireworks: any fireworks of any kind, character or composition.
B. 
Drug paraphernalia: any product commonly used with or associated with the use of any illegal substance, including marijuana, illicit narcotics or controlled dangerous substances.
C. 
Firearms and weapons: any pistol, revolver, shotgun, rifle or other instrument which projects an object by an explosive charge, any air rifle or air pistol (commonly known as a "BB gun"), slingshot, switchblade knife, the blade of which can be opened or released by mechanical means, or any similar device.
D. 
Adult material: books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations which are characterized by the depiction of sexual activities or anatomical areas; or instruments, devices or paraphernalia which are designed for use in connection with sexual activities.
4. 
For an approved applicant, the Borough Manager or his designee will issue a license to the applicant within 10 days from the filing of the application, including other such documents that may be required at the time of submission.
[Ord. 2178, 4/12/2011, § 1]
Every person to whom a license has been issued shall, in the conduct of his activity, comply with the following standards of conduct:
A. 
The license shall be attached to the licensee's person and be displayed at all times.
B. 
The licensee shall carry his or her license at all times and exhibit it upon request to any police officer or official of the Borough or to any citizen upon request.
C. 
The licensee shall be the sole possessor of his or her license and shall immediately report its loss to the Borough. He shall not cause or permit his license to be altered or defaced in any way.
D. 
The licensee shall not enter or attempt to enter any dwelling or otherwise remain upon any private property without the invitation or permission of the occupant or property owner and shall immediately leave any premises upon request of the occupant or property owner.
E. 
The licensee is responsible for his materials and shall not permit the throwing or discarding of any paper, merchandise, debris or other such items upon public or private property or upon the public streets or sidewalks of the Borough.
F. 
No licensee shall park any vehicle upon any of the streets or alleys of the Borough in order to sort, rearrange or clean any of his goods, wares or merchandise; nor may any such licensee place or deposit any refuse upon any of such streets or alleys; nor may any such licensee maintain or keep a street or curbside market by parking any vehicle upon any street or alley in the Borough for longer than necessary in order to sell to persons residing in the immediate vicinity.
G. 
The licensee shall not conduct his business activity at any geographical location within the Borough which is deemed by the Codes Department, Chief of Police or other Borough official to be hazardous to vehicular or pedestrian traffic or which otherwise significantly obstructs the movement of vehicular or pedestrian traffic.
H. 
No licensee shall peddle or distribute obscene printed material or merchandise or that which advocates unlawful conduct.
I. 
The licensee shall not act under any false pretense or misrepresentation and, particularly, he shall not represent his license to be an endorsement of himself or his goods or services or of the goods or services of his employer.
J. 
The licensee shall be prohibited from hawking products or services or setting up any type of semi-permanent sales area upon any public street or sidewalk in the Borough, and the licensee shall be prohibited from using any loudspeaker, horn or any amplification, illumination or other electronic or mechanical device for announcing his presence which could be considered a disturbance of the peace.
K. 
The licensee shall immediately surrender his license to the Borough upon suspension or revocation thereof.
L. 
A mobile vendor may operate only on land that is owned by the operator or land which he has written permission to use. If the mobile vendor is to be operated on land that is not owned by the operator, a copy of the written permission to use the land of another property owner must be submitted along with the original application.
M. 
A mobile vendor must demonstrate to the Codes Department that there is sufficient access, parking, and maneuvering space available at the site on which the mobile vendor will operate. The location and adequacy of approaches shall be first reviewed by the Zoning Officer.
N. 
A sufficient number of covered rubbish containers shall be provided by the licensee at each site immediately adjacent to the mobile vendor to hold material discarded by its customers, and the licensee shall cause the same to be emptied as necessary. In no case shall such containers be more than 10 feet from the mobile vendor vehicle. A licensee shall keep sidewalks, roadways, and other public or private spaces adjoining and adjacent to his locations clean and free from paper and refuse of any kind which may be generated by the operation of the business.
[Ord. 2178, 4/12/2011, § 1]
No person licensed under this Part shall engage in any activities herein described at any time except between the hours of 9:00 a.m. and 6:00 p.m., Monday through Saturday, unless otherwise authorized by the Borough Manager or his designee.
[Ord. 2178, 4/12/2011, § 1]
A license may be revoked or suspended by the Borough Manager or his designee if the holder fails to comply with the standards of conduct and responsibilities contained in this Part. A license may be revoked or suspended upon the basis of fraud, misrepresentation or the making of knowingly false statements in the application, the application process or in the course of conducting the licensed operation.
[Ord. 2178, 4/12/2011, § 1]
Any person whose license has been suspended or revoked shall be entitled to appear before the Borough Council at the next regular or special meeting for the purpose of being heard on the revocation or suspension, provided that such person has provided the Borough Council with written notice of such request at least five business days prior to the Borough Council's next regularly scheduled or specially scheduled meeting. If such person does not provide the Borough Council with at least five business days' written notice prior to the next regularly scheduled or specially scheduled meeting, the Borough Council may, in its discretion, still provide for the person to be heard at such time or schedule a hearing to be held within five business days of such regular meeting or special meeting. Following the applicant presenting his position, the Borough Council may reinstate the license, affirm the revocation of the license or affirm or modify the suspension of the license for a period not to exceed five years. No person shall be denied a license or have such license suspended or revoked except by procedures consistent with applicable laws.
[Ord. 2178, 4/12/2011, § 1]
1. 
The following individuals, although subject to all other provisions of this Part, are exempted from the application fee requirements only of this Part:
A. 
Farmers engaged in selling the produce of their own farms.
B. 
Persons engaged in the sale of goods, wares, or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.
C. 
Any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk or milk products.
D. 
Youth under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery product and similar items or who represent the Boy Scouts, Girl Scouts or similar organizations.
E. 
Insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania and who are engaged in the seeking or taking of orders.
F. 
Persons having complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
G. 
Dealers or merchants for individuals or companies who pay a license or business privilege tax at their chief place of business and who are taking orders for merchandise by sample.
H. 
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described below, when so engaged:
(1) 
Real estate broker;
(2) 
Insurance broker; and
(3) 
Securities broker.
I. 
Political campaign workers.
2. 
Any persons, organizations or corporations that have received approval from the Borough Council to conduct a special event within the Borough shall be responsible for the vendors participating within the boundaries of that event. The organizer of the event shall register each vendor and provide a list of those vendors to the Borough at least two weeks before the event. Registered vendors will receive permission to operate their stands for that special event only and will not be required to pay the application fee required by this Chapter. No other vendors will be permitted within the boundary area of such event during the time period designated for the special event. Existing businesses in the Borough will be permitted to sell merchandise in the area adjacent to their business, provided that such business complies with and conducts such sale in accordance with the vendors' responsibilities and guidelines applicable to such special event.
3. 
These exemptions shall apply to the aforesaid persons only and then only while they are engaged in the activity as aforesaid. At all other times, all the provisions of this Part shall apply.
[Ord. 2178, 4/12/2011, § 1]
Every person who is required to obtain a license, who is not otherwise exempt from the license requirement, shall pay an application fee as set forth in the Master Fee Schedule to the Borough at the time the person submits a written application for such license as required by this Part.
[Ord. 2178, 4/12/2011, § 1]
1. 
Any person licensed under this Part or exempt from fee requirements under this Part shall not occupy any fixed location upon any private property, public property, street or alley of the Borough for the purpose of engaging in the business aforesaid, with or without any stand or counter, except with the prior approval of the property owner and/or the Borough.
2. 
Notwithstanding any such prior approval, the Borough Police, Borough Manager or their authorized designee may require any such licensee to abandon any location which is hazardous to vehicular traffic or pedestrian traffic or which otherwise significantly obstructs the movement of traffic or pedestrians or upon the request of the owner of any property on which such licensee is situate.
[Ord. 2178, 4/12/2011, § 1]
1. 
A special event includes any event sponsored by any public, private, civic, nonprofit, profit or municipal group for which licenses or permits to sell goods, merchandise, food or other wares are sold or issued solely for the specific duration of the event. Additional and more detailed regulations governing special events are set forth in Part 13 of this Chapter.
2. 
Any licensee under this Part 7 shall not automatically be entitled to a special event permit. Rather, any licensee under this Part 7 shall still be required to comply with the terms and conditions applicable to special event licensees as those terms and conditions are set by the organizer of the special event and as regulated by Part 13 of this Chapter.
3. 
Organizers of any special event that shall permit peddling or the sale of goods, merchandise, food or other wares solely for the duration of the event shall apply to the Borough for a special event group license. This license shall be issued only to the event organizer or organization, and it shall be valid only for the duration of the special event.
4. 
Every person to whom a permit has been granted or license has been issued as part of a special event is responsible for trash removal and cleanup of his operations and for maintaining an area within 15 feet of the stand free of all trash generated by the vending operations and for washing the sidewalk area occupied by the stand as necessary.
5. 
Every person to whom a permit has been granted or license has been issued, as part of a special event, must clean up and remove all trash, litter, garbage and refuse generated by his or her vending operation, and such trash, litter, garbage and refuse generated by the vending operation shall not be placed in any public receptacle or in any private property without permission of the property owner.
6. 
Permitted stands are not to exceed four feet in width, eight feet in length and eight feet in height. The definition of "permitted stand" includes all merchandise extensions and coverings.
7. 
Any storage area for goods which are not on display should not be visible to the public. Advertising and other signage shall not be paper or with hand lettered signage. Any sign shall be no more than six square feet and must be mounted on the stand. Items permitted on the sign shall include the name of the stand, a listing of items sold and the price thereof.
[Ord. 2178, 4/12/2011, § 1]
Public collection (bucket brigades) is not authorized and shall not be conducted on any public street, alley or any public property in the Borough, unless specifically permitted by Borough Council in special circumstances.
[Ord. 2178, 4/12/2011, § 1]
Any person, firm or corporation who shall violate any provision of this Part, or who fails to secure the license required thereby, or to renew the said license, as the case may be, shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600, plus costs, and, in default of said fine and costs, to a term of imprisonment not to exceed 30 days, or both. Each day that a violation of this Part continues shall constitute a separate offense.