[HISTORY: Adopted by the Borough Council of the Borough of Sellersville 9-8-2008 by Ord. No. 658. Amendments noted where applicable.]
Noise — See Ch. 85.
No person, firm or corporation or any agent thereof shall solicit for any advertising, other than advertising to be inserted in a newspaper of general circulation, or for any contribution, financial or otherwise, other than a contribution sought from within the membership of the organization by or on behalf of which such solicitation is made, within the Borough limits of the Borough of Sellersville unless a permit shall first have been obtained from the police service provider.
Such permits shall be issued upon registration at the police service provider offices of the name of the person, firm or corporation or any agent thereof and such other reasonable information as may be required for identification.
A fee for a background check may be required, which fee shall be as set forth from time to time by resolution of the Borough Council.
Soliciting activities shall be conducted only between the hours of 9:00 a.m. and dusk or 7:00 p.m., whichever is earlier.
Editor’s Note: Former § 97-4, Violations and penalties, was repealed 10-12-2015 by Ord. No. 703.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
As used in this article, the following terms shall have the meanings indicated:
- Any natural person, association, partnership or corporation.
- TRANSIENT RETAIL BUSINESS
- Includes the following:
- (1) Engaging in canvassing, soliciting or taking orders, either by sample or otherwise, for any goods, wares or merchandise upon any street, alley, sidewalk or public ground or from house to house within the Borough of Sellersville.
- (2) Selling, soliciting or taking orders for any goods, wares or merchandise from a fixed location within the Borough on a temporary basis, which shall include, but shall not be limited to, such activities conducted at the time of special occasions or celebrations, for seasonal purposes or for or in advance of specific yearly holidays.
No person shall engage in any transient retail business within the Borough of Sellersville without first having obtained from the police service provider a license, for which a fee, as set from time to time by resolution of the Borough Council, which shall be for the use of the Borough, shall be charged depending on the term of the license, as follows:
No license fee shall be charged under this section:
To farmers selling their own produce.
For the sale of goods, wares and merchandise donated by the owners thereof, the proceeds of which are to be applied to any charitable or philanthropic purpose.
To any manufacturer or producer in the sale of milk or milk products, bread and bakery products or meat and meat products, but all persons exempted hereby from the payment of the license fee shall be required to register with the police service provider and obtain a license without fee.
Any person dealing in one or more of the above-mentioned exempted categories and dealing with other goods, wares or merchandise not so exempted shall be subject to the payment of the license fee fixed by this section for his activities in connection with selling, canvassing, soliciting or taking orders for goods, wares and merchandise not in such exempted categories.
The Borough Manager, pursuant to standards and policies established from time to time by the Borough Council, may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling or taking orders for goods, wares or merchandise for the sole benefit of any nonprofit corporation.
Every license issued under the provisions of this article shall be issued on an individual basis to persons engaging in such business; every individual shall obtain a separate license, issued to him in his name; and the license fee hereby imposed shall be applicable to every such individual license.
Every person desiring a license under the provisions of this article shall first make application to the police service provider for such license. If such person shall also be required to obtain a license from any state or county officer, he shall, when making such application, exhibit a valid state or county license. In such application, such person shall give his name and address; his previous criminal record, if any; the name of the person by whom he is employed; the type of goods, ware and merchandise he wishes to deal with in such transient retail business; the length of time for which such license is to be issued; and the type and license number of any vehicle to be used by him in the conduct of such business in the Borough.
Upon receipt of such application and the prescribed fee, the police service provider, if he shall find such application in order, shall issue the license required under this article. Such license shall contain the information required to be given on the application therefor. Every license holder shall carry such license upon his person, if engaged in a transient retail business from house to house or upon any street, alley, sidewalk or public ground, or shall display such license at the location where he shall engage in such business, if doing so from a fixed location. He shall exhibit such license, upon request, to all police officers, Borough officials and citizens or residents of the Borough.
No person engaging in any transient retail business in the Borough of Sellersville shall:
Engage in any business activity prohibited in the Borough of Sellersville by general or special law applicable thereto.
Sell any product or type of product not mentioned in his license.
When operating from a vehicle, stop or park such vehicle upon any street or alley in the Borough for longer than necessary in order to sell therefrom to persons residing or working in the vicinity.
Park any vehicle upon any street or alley in the Borough for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton or wrapping material or of any stock or wares or foodstuffs which have become unsalable through handling, age or otherwise.
When working from house to house, engage in such business at any time on Sunday or at any time before 9:00 a.m. or after dusk or 7:00 p.m., whichever is earlier, on any day of the week other than Sunday.
The police service provider is hereby authorized to suspend or revoke any license issued under this article when he shall deem such suspension or revocation to be in the interest of public health, safety or morals or for the violation of any provision of this article, or for giving false information upon any application for a license hereunder. Appeals from any suspension or revocation may be made to the Borough Council at any time within 10 days after such suspension or revocation. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.
[Amended 10-12-2015 by Ord. No. 703]
This chapter shall be enforced by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. A person convicted of violating this chapter shall be sentenced to pay a fine not to exceed $1,000 per violation, plus court costs and reasonable attorneys' fees incurred by the Borough of Sellersville, or to imprisonment for not more than 90 days, or both. Violations of more than one provision of this chapter shall constitute separate violations. Each day that a violation of any provision of this chapter continues or occurs shall constitute a separate violation.