[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.]
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]
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.
