[HISTORY: Adopted by the Board of Commissioners of the Township of North Versailles 11-15-1982 by Ord. No. 807 (Ch. 13, Part 5, of the 1987 Code of Ordinances). Amendments noted where applicable.]
When used in this chapter, the following terms shall have the following meanings:
- CHARITABLE ORGANIZATION
- An organization which has been granted an exemption by the United States Internal Revenue Service under Section 501(c) or Section 509(a) of the Internal Revenue Code, or any other organization deemed to be charitable in nature by the Township Board of Commissioners.
- Any person:
- A. Who goes from private house to house, conveying or transporting goods, wares or merchandise, or offering or exposing the same for sale or making sales or delivering articles, goods, wares or merchandise to purchasers;
- B. Who goes from private house to house, soliciting or attempting to take orders from individuals for sale of goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever, for future delivery, or for service to be performed at that time or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders;
- C. Who goes from private house to private house soliciting donations or money for themselves or for any organization for any purpose, whether or not anything of value is given in return.
- TRANSIENT MERCHANT
- Any person who temporarily and for a short time hires, rents or obtains a definite place of business, whether a storeroom or a market stand, or a private residence, for the sale of goods, wares, merchandise or to offer or expose the same for sale or for future delivery and sale. ("Temporarily" and "short time" shall be construed as three months or less.)
Editor's Note: See 26 U.S.C. §§ 501(c) and 509(a), respectively.
The terms of this chapter shall not be held to include the acts of merchants or their employees or agents in delivering goods or services in the regular course of business; nor shall it apply to any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.
It shall be unlawful for any solicitor or transient merchant as defined in § 215-1 of this chapter to engage in any such business within the Township of North Versailles without first obtaining a license therefor in compliance with the provisions of this chapter.
Applicants for a license under this chapter must file with the Police Department of the Township an application, in writing, on a form to be furnished by the Township, which will give the following information:
Name and physical description of applicant.
Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made.
A brief description of the nature of the business and the goods to be sold or the organization on behalf of which funds are solicited.
If employed, the name and address of the employer.
The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, and the proposed method of delivery.
Two recent photographs of the applicant, which shall be approximately two inches, showing the head and shoulders of the applicant in a clear and distinguishable manner.
A statement as to whether or not the applicant has been convicted of any felony or crime involving moral turpitude.
Applications involving solicitation for a charitable institution shall be accompanied by a copy of the grant of exemption issued by the Internal Revenue Service.
This application completed as to all matters inquired of shall be turned over to the Police Department of the Township, together with the initial fee to cover the expenses of investigation, payable to the Township of North Versailles, said fee to be established by resolution of the Board of Commissioners.
Upon receipt of each application, it shall be immediately reviewed by the Police Department for accuracy.
If as a result of such review, the application is found to be true, the Chief of Police or his designee shall endorse on the application his approval and return the application to the Township Secretary or designee, who shall, upon payment of the prescribed initial license fee, deliver to the applicant his or her license within 24 hours after payment of the fee, provided that no license shall be issued to any convicted felon or person convicted of a crime involving moral turpitude.
Such license shall contain the signature of the issuing officer, and shall show the name, address and photograph of said licensee, the class of license issued and the kind of goods or organization involved, the amount of fee paid, the date of issuance and the expiration date, as well as the license number and other identifying description of any vehicle used in such licensed business. Each solicitor or transient merchant must secure an individual license. No license shall be used at any time by any person other than the one to whom it is issued. The Township Secretary shall keep a permanent record of all licenses issued and those rejected.
Solicitors for charitable organizations shall comply with the provisions of this chapter, but no application or license fee shall be charged.
Every applicant for a license as a solicitor or transient merchant under this chapter shall pay a license fee as established by resolution of the Board of Commissioners. Said fees are hereby established at $25 per person per day. In the alternative, an applicant may purchase a license for three-month period for $100.
No licensee shall solicit at private residences on Sunday, nor before 9:00 a.m. or after 5:00 p.m., prevailing time, on weekdays.
No licensee shall solicit at any private residence exhibiting a sign reading "No Solicitors" or words of the same meaning.
Residents may erect "No Solicitors" or similar signs not to exceed 120 square inches in size, which for the purposes of this chapter shall be conspicuously displayed near their entrance walk or doorway.
Solicitors may solicit at business properties in the Township during all business hours; and may solicit in Township streets and other public places from 9:00 a.m., prevailing time, to sunset; provided that such solicitors obtain a license as required by this chapter and that they shall be subject to all the other provisions of this chapter.
Licensees shall exhibit their license at the request of any resident or police officer.
Licenses issued under the provisions of this chapter may be revoked by the Chief of Police or his designee with respect to such persons, after notice and opportunity for a hearing, for any of the following causes:
Fraud, misrepresentation or false statement contained in the application for license.
Fraud, misrepresentation or false statement made in the course of carrying on his business as solicitor or transient merchant.
Any violation of this chapter.
Conviction of any crime or misdemeanor involving moral turpitude.
Conducting solicitation or business in an unlawful manner or in such a manner as to constitute a breach of peace.
Refusing to leave premises when asked to do so by the occupant.
Notice of the revocation of a license shall be given in writing setting forth specifically the grounds of complaint and the opportunity for a hearing. Such notice shall be transmitted by certified mail, postage prepaid, to the permittee at his last known address.
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in § 215-5 of this chapter, or in the action of the revocation provided in § 215-10 of this chapter, shall have the right of appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for the appeal. Hearings shall be governed by the Local Agency Law.
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
All permits expire on the date specified in the permit.
[Amended 11-16-1987 by Ord. No. 857; 8-15-1988 by Ord. No. 867]
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 $600 and/or to imprisonment for a term not to exceed 30 days.