From and after the effective date of this chapter, it shall be unlawful for any person not exempted by §
280-8 of this chapter who is not a holder of a valid and unexpired license issued pursuant to this chapter to sell or offer to sell or to solicit by hawking, peddling or vending, or to do any transit retail business of any goods, wares, printing matter, services, merchandise or food products of any description, or to solicit contributions, gifts or pledges of money or other thing of value by visitation to private homes or residences or on the public streets or highways of the Borough of Penndel, Bucks County, Pennsylvania.
In addition to providing the aforesaid information, the applicant shall pay the sum prescribed as applicable per the fee schedule to the Borough of Penndel for the use of the Borough of Penndel. Upon submission of said application and supporting evidence of identification and approval of the same, as aforesaid, and the payment of the fee aforesaid, there shall be issued to the applicant, after a lapse of seven days, a license in the form of a card which shall, until revoked, entitle the licensee to engage in the activities described in §
280-1 hereof until 30 days from the date of issuance, upon which said date the aforesaid license shall become null and void. (The aforesaid license may be renewed for an additional period of 30 days, upon payment of the fee hereinabove provided for and by the applicant's filing an amendment of the original application to reflect any changes necessary in the information therein contained, but such renewed license may be issued without waiting the seven-day period as hereinbefore provided in the issuance of such original license.) If renewal is sought, all verification of information will be rechecked.
Every person to whom a license has been issued hereunder shall,
in the carrying on of his or her activity in the Borough of Penndel,
comply with the following rules of conduct:
A. He or she shall carry his or her license card at all times and exhibit
it upon request to any police officer or any person upon whom he or
she shall call and with whom he or she shall talk in carrying on his
or her licensed activity.
B. He or she shall not permit any person to have possession of the said
license card and shall immediately report its loss to the Secretary
and Police Department of the Borough of Penndel.
C. He or she shall not cause or permit the said license card to be altered
or defaced.
D. He or she shall not enter or attempt to enter any dwelling house
without invitation or permission of the occupant and shall immediately
leave any premises upon request.
E. He or she shall not represent the aforesaid license card to be an
endorsement of the licensee or of his goods or the services of his
or her principal or employer.
F. He or she shall immediately surrender the license card upon revocation
of the license as hereinafter provided.
G. He or she shall carry on the activity licensed hereunder only between
the hours of 9:00 a.m. and 5:00 p.m., or sunset, whichever comes first,
Mondays to Saturdays, inclusive, except legal holidays, with the exception
of vendors of ice cream and similar products that use motor vehicles
to sell their products, who shall be permitted to carry on this activity
only between the hours of 12:00 noon and sunset, Sundays to Saturdays,
inclusive.
H. A license issued shall become void upon the termination of the employment
or agency of the holder of the license or upon the change in circumstances
which would cause any of the statements made upon the application
to be inaccurate or superseded.
The notice of revocation shall be given by written notice, personally
served or sent by certified mail to the address designated for this
purpose in the application for license.
Any person whose license has been revoked or suspended shall
be entitled to appear, with counsel, if he or she so desires, before
Borough Council at a regular or special meeting and be heard on behalf
of a request for reinstatement or reissuance of said license.
The following persons are exempt from the license requirements
of this chapter:
A. Farmers selling their own produce.
B. Persons who engage in 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.
C. Any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk or milk products, provided that the
term "milk or milk products" shall not include or apply to ice cream
or other frozen desserts.
D. Any honorably discharged soldier, sailor or marine of the military
or naval service of the United States who is a resident of this commonwealth
and who is unable to earn a livelihood by manual labor.
E. Persons soliciting contributions on behalf of organizations or nonprofit
corporations exempt from the provisions of or duly registered pursuant
to the Solicitation of Charitable Funds Act, 1963, August 9, P.L. 628, 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.
F. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in the activity described in §
280-1 hereof while so engaged, including, but not limited to, real estate, insurance or security brokers and salesmen.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be subject to a fine
of not more than $600 or imprisonment for a term not to exceed 30
days, or both, at the discretion of the court. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.