Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Chichester 9-9-1952 by Ord. No. 64; amended in its entirety 11-17-1987 by Ord. No. 456 (Ch. 13, Part 3, of the 1987 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Business use registration — See Ch. 208.
Entertainment and temporary uses — See Ch. 282.
Garage sales — See Ch. 329.
Zoning — See Ch. 600.
From and after the enactment hereof, it shall be unlawful for any person, not exempted by § 531-6 hereof, who is not the holder of a valid and unexpired license issued pursuant to this chapter, to engage in selling, purchase or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description, or in soliciting contributions, gifts or pledges of money or any other thing of value, or to engage in making surveys, or to distribute samples, by visitation to private homes, residences, or businesses, or on public streets or highways of Upper Chichester Township.
A. 
Any person, not exempted by § 531-6 hereof, desiring to obtain a license to engage in the activities described in § 531-1 hereof, shall make application therefor, in person, to the Township Secretary.
(1) 
The applicant shall supply, over his/her signature, the following information:
(a) 
True name;
(b) 
Place and date of birth;
(c) 
Temporary address;
(d) 
Residence address;
(e) 
The address at which he/she will receive notices under this chapter;
(f) 
The name and address of his/her employer or principal, if any, and the nature of the business activity thereof;
(g) 
The nature of business or activity in which the applicant wishes to engage within the Township;
(h) 
A true statement as to whether the applicant has been convicted in any jurisdiction of any crime other than minor traffic violations and, if so, what crime or crimes; and
(i) 
A copy of a background check the specifics of which will be promulgated by resolution of the Upper Chichester Township Board of Commissioners from time to time.
[Added 4-9-2015 by Ord. No. 699]
(2) 
The applicant shall, together with his/her application, submit to the Township Secretary his/her photograph and a written description of the applicant, all recorded by the Upper Chichester Police. At this time, a fee in the amount established by resolution of the Board of Commissioners shall be paid to defray the cost of administering this chapter.
B. 
Between the date that the application is received by the Township Secretary and the date of issuance of the permit/pocket cards, if in fact such a permit and pocket card is to be issued, the Upper Chichester Township Police Department shall have 10 working days, excluding holidays and weekends, to verify the information as provided on the application form. Upon approval of the application, payment of the fee stated herein, and verification of the information as required, a license may be issued permitting the activity specified for a period of one year from the date of issuance, provided that the Township Manager may refuse to issue a license if he/she has reasonable grounds for such action. If approved, the applicant shall be issued two pocket cards or license identification cards, each card to be issued to a particular individual and to be used only by that individual. In the event that there are additional individuals beyond two, each individual shall be required to complete any prescribed forms and supply any other data as requested. If approved, each individual shall also be required to have a pocket card/license identification on his/her person, which is issued to him/her in particular. An additional charge will be assessed for each additional card beyond the original two.
C. 
Licenses may be renewed annually upon payment of a renewal fee, provided that an amendment to the original application is submitted which reflects any changes in information contained in the original application. The licensee shall provide a notarized affidavit specifying any changes or establishing the fact that there are no changes as to the content of the original application.
Every person to whom a license has been issued shall, in the carrying on of his/her business or activities in the Township, comply with the following rules of conduct:
A. 
The individual shall carry the pocket card (with photo if available) at all times and exhibit it to any person upon request.
B. 
The licensee shall not permit any other person to have possession of the license card and shall in writing immediately report its loss to the Township Secretary. This person shall not cause or permit the license card to be altered or defaced.
C. 
He/she shall not enter, or attempt to enter any dwelling house, business, or industry without invitation or permission of the occupant and shall immediately leave any premises upon request.
D. 
The individual shall not represent the license card to be an endorsement of himself/herself or of his/her goods or of the goods or services of his/her principal or employer.
E. 
The approved vendor, employees or agents thereof shall not engage in any business or activity authorized under § 531-1 except between the hours of 10:00 a.m. and 6:00 p.m. Monday through Saturday and between the hours of 12:00 noon and 4:00 p.m. on Sunday of the then-current prevailing time.
[Amended 4-9-2015 by Ord. No. 699]
F. 
The approved vendor shall not permit the throwing or discarding of any paper, debris or other such items upon the public streets, highways or other places of Upper Chichester Township.
G. 
All mobile vehicles for the purpose of vending food products shall have suitable trash containers clearly marked as such and the vehicle shall clearly bear the markings and identifications of the licensed vendor.
H. 
The approved vendor shall not conduct his/her business activity at any geographical location within the Township that is deemed to be unsafe due to traffic hazards or other similar situations by the Chief of Police or other designate as authorized by Upper Chichester Township.
I. 
The approved vendor shall immediately surrender the license card and all license pocket cards of his/her employees or agents upon revocation and notification of revocation of said license as herein provided.
Any license hereafter issued may be revoked by the Township upon failure of the licensee to comply with the standards of conduct established by this chapter or upon ascertainment that the licensee has made any false statement in the application for license. Notice of revocation shall be given by written notice personally served or sent by registered mail to the address designated for this purpose in the application for license.
Any person whose application has been denied or whose license has been revoked shall be entitled to appear with counsel, if he/she so desires, before the Board of Commissioners at a regular or special meeting and be heard in behalf of a request for approval of a license or for reinstatement of the license.
The following persons are exempted from the licensing requirements of this chapter:
A. 
Persons soliciting contributions in behalf of organizations or nonprofit corporations exempted from the provisions of, or duly registered pursuant to, the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., as amended, who, while soliciting, are possessors of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Farmers engaged in selling only the produce of their own farms from a truck or other vehicle only while selling such on his/her own property.
C. 
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in this section, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
D. 
Authorized persons carrying satisfactory identification engaged in making surveys or collecting information for the federal, state, county or Upper Chichester Township government or any agency thereof. Also exempt shall be authorized persons carrying satisfactory identification engaged in making surveys or collecting information for bona fide educational or quasi-governmental agencies if each activity has been previously approved by the Board of Commissioners.
[Amended 12-8-1988 by Ord. No. 465[1]]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, together with the costs of prosecution, and, in default of payment of such fine and costs, shall be subject to imprisonment for a term not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).