[HISTORY: Adopted by the Borough Council of the Borough of
Ambridge as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-9-2002 by Ord. No. 1177]
From and after the enactment of this article it shall be unlawful
for any person who is not the holder of a valid and unexpired license
issued pursuant to this article, or otherwise exempt from this article,
to sell, offer or solicit the sale or purchase of food, printed matter,
building and construction services, and all other services, goods,
wares or merchandise of any kind or description, or to solicit contributions,
gifts or pledges of money or any other thing of value, by visiting
the private homes or residences of or on the public streets or highways
of the Borough of Ambridge.
A.
Any person desiring to obtain a license to engage in the activities described in § 195-1 shall make application in person to the Police Chief of the Borough, or to his or her designated employee, at the Borough Police Office during the hours set for this purpose by the Police Chief.
B.
The applicant shall supply, on a written form provided by the Borough,
the following information over the applicant's signature, subject
to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn
falsification to authorities:
(1)
The applicant's name;
(2)
The applicant's place and date of birth;
(3)
The applicant's temporary address;
(4)
The applicant's residence address;
(5)
The address at which the applicant will receive notices under this
article;
(6)
The name and address of the applicant's employer or principal,
if any, and the nature of the business activity thereof;
(7)
The nature of the business or activity in which the applicant wishes
to engage within the Borough, being as specific as possible;
(8)
A statement as to whether the applicant has been convicted in any
jurisdiction of any crime other than of minor traffic violations and,
if so, of what crime or crimes and what punishment was imposed; and
(9)
If a motor vehicle is to be used by the applicant to enter, leave
or travel upon the streets of the Borough, the make, model, color
and registration number of the motor vehicle.
C.
The applicant
shall submit to the Chief of Police a written description of the applicant
and the applicant's photograph, approximately two inches by two
inches in size, showing the head and shoulders of the applicant in
a clear and distinguishing manner.
D.
The applicant
shall submit a legible photocopy of his or her state vehicle operator's
license or other state photo identification.
F.
The Police Chief shall cause a record of the application to be kept
on file and made available as needed to enforce the provisions of
this article.
G.
After submission of the completed application, the fee and the supporting evidence set forth above, the Police Chief shall cause to be made an investigation into the accuracy and completeness of the information provided in the application and the character and business responsibility of the applicant. If the information provided is correct and if the applicant's character and business responsibility are satisfactory, the Chief shall grant the application and issue the license in writing over his or her signature. If the information provided is not accurate or if the Chief finds that the applicant's character or business responsibility is unsatisfactory, the Chief shall deny the application in writing over his or her signature, stating all of the reasons therefor, and shall notify the applicant at the address set forth in the application. An issued license shall entitle the licensee to engage in the activities described in § 195-1 for the period for which the appropriate fee has been paid from the date of issuance. A denied application shall entitle the applicant to appeal as set forth below.
H.
Licensees may renew their licenses periodically by paying the fee
set out in this section and by updating their applications to reflect
any changes in the information they provided.
Every person to whom a license has been issued shall, in the
carrying on of the licensed business activities in the Borough, comply
with the following rules of conduct:
A.
The licensee shall carry the license card at all times and exhibit
it upon request to any police officer or any person upon whom he or
she shall call or with whom he or she shall talk in carrying on the
licensed activities.
B.
The licensee shall not permit any other person to have possession
of the license card and shall immediately report its loss or theft
to the Borough Manager or the police. The licensee shall not cause
or permit the license card to be altered or defaced. The license is
personal to the applicant and may not be transferred, given or assigned
to any other person.
C.
The licensee 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. The licensee shall not engage in
any conduct licensed under this article upon any premises displaying
a sign prohibiting such activity.
D.
The licensee shall not represent the license card to be an endorsement
of the licensee or of his or her goods or services or of the goods
or services of the principal or employer.
E.
The licensee shall immediately surrender the license card upon revocation
of the license as hereinafter provided.
F.
Licensees are permitted to operate Monday through Saturday between
the hours of 9:00 a.m. and 9:00 p.m. local prevailing time. There
shall be no soliciting under this article at any time on Sunday or
on any holiday on which the Beaver County Courts are closed.
G.
No licensee hereunder shall have the exclusive right to any location
in the public streets or sidewalks, nor shall any licensee hereunder
be entitled to a stationary location thereon.
A.
Any license hereafter issued may be revoked by the Borough after
notice and a hearing for any of the following reasons:
(1)
Upon failure of the licensee to comply with the standards of conduct established by § 195-3 hereof;
(2)
For fraud, material misrepresentation or false statement in the application
for license hereunder;
(3)
For any violation of this article;
(4)
For conviction of any crime or misdemeanor involving moral turpitude;
or
(5)
Conducting business in an unlawful manner or in such a manner as
to constitute a breach of the peace or to constitute a menace to the
health, safety or welfare of the public.
B.
Notice of a hearing shall be given in writing setting forth the grounds
for revocation. Notice shall be personally served or sent by registered
mail to the address designated for this purpose in the application
for license. Notice shall be given at least seven days prior to the
hearing. Any person subject to a license revocation hearing shall
be entitled to appear, with or without counsel, and offer documentary
and witness evidence.
Any person aggrieved by the action of the Chief of Police in
denying a license may appeal to the Borough Manager by written application
setting forth the grounds for the appeal and filed within 14 days
after notice of the action complained of has been mailed to the address
set forth in the application. Application for appeal shall be accompanied
by an appeal fee as set from time to time by resolution of Borough
Council. The Borough Manager shall set a time and place for the hearing,
and notice of the hearing shall be given to the applicant, in writing,
mailed to the address set forth on the application.
The following persons shall not be charged a fee for the license described in § 195-3:
A.
Persons soliciting contributions on behalf of organizations or nonprofit
corporations exempted from the provisions of or duly registered pursuant
to the Act of December 19, 1990, P.L. 1200, 10 P.S. § 162.1
et seq. (The Solicitation of Funds for Charitable Purposes Act), as
amended, who, while soliciting, are possessed of a card or other evidence
of their appointment or authority to solicit for said organization
or corporation.
The following persons shall not be required to obtain a license described in § 195-2 but shall be required to conform their conduct to the provisions of § 195-3 when engaged in activities set forth in § 195-1:
A.
All persons who are 18 years of age or under who are otherwise engaged
in activity regulated by this article on behalf of:
(1)
All persons, organizations or nonprofit corporations granted tax-exempt status under Section 501(c)(3)
of the Internal Revenue Code of 1986 [P.L. 99-154, 26 U.S.C. § 501(c)(3)];
and
(2)
All persons, organizations or nonprofit corporations exempt from
the registration requirements of the Act of December 19, 1990, P.L.
1200, 10 P.S. § 162.6 et seq. (The Solicitation of Funds
for Charitable Purposes Act), provided that the conditions of 10 P.S.
§ 162.6 are met.
The Borough of Ambridge hereby declares its intention that this
article shall apply only to commercial conduct and speech and the
solicitation of money or other things of value This article is specifically
not intended to and shall not be interpreted to:
A.
Limit or affect constitutionally protected pamphleteering, political
or religious speech or conduct.
B.
Apply to persons selling wholesale to dealers in such goods.
C.
Apply to merchants or their employees delivering goods or services
in the regular course of business.
D.
Apply to any manufacturer or producer in the sale of bread and bread
products, meat and meat products and milk and dairy products.
E.
Prohibit any sale required by statute or order of court.
F.
Prevent any licensed auctioneer from conducting a bona fide auction
sale subject to the auctioneer's law.
Any person who shall violate any provision of this article shall,
upon conviction thereof before a Magisterial District Judge, be subject
to a penalty or fine of not more than $300 together with costs of
prosecution for each such violation and, in default of the payment
of the fine and costs of persecution, shall be committed to the County
Jail for a period not to exceed 30 days. Each day that any person,
firm, organization or corporation engages in conduct in violation
of this article shall constitute a separate offense.
