[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Editor's Note: This ordinance also repealed former Part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.
APPLICANT
CANVASSER
DISTRIBUTOR
LICENSEE
MERCHANDISE
MOBILE VENDOR
PEDDLER
PEDDLING
PERSON
SOLICITOR
As used in this Part 7, the following terms shall have the meanings
indicated:
Any person who makes application for the purpose of canvassing,
distributing, peddling or soliciting.
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.
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.
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.
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.
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.
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.
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.
Any natural person, partnership, association, firm, corporation
or other legal entity.
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.
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.
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.
