[Ord. 493, 12/13/1982, § I]
When used in this Part, the following terms shall have the following
meanings:
An organization which has been granted an exemption by the
United State Internal Revenue Service under §§ 501(c)
and 509(a) of the Internal Revenue Code.
Any person:
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.
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.
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.
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).
[Ord. 493, 12/13/1982, § II]
The terms of this Part 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 the manufacturer
or producer in the sale of bread or bakery products, meat or meat
products or milk and milk products.
[Ord. 493, 12/13/1982, § III; as amended by Ord.
741, 12/30/2002, § 1]
It shall be unlawful for any solicitor or transient merchant, as defined in § 13-301 of this Part, to engage in any such business within the Borough of Jefferson Hills without first obtaining a license therefor in compliance with the provisions of this Part.
[Ord. 493, 12/13/1982, § IV; as amended by Ord.
741, 12/30/2002, § 1]
1.
Application for a license under this Part must be filed with the
Police Department of the Borough in writing on a form to be furnished
by the Borough, which will give the following information:
A.
Name and physical description of applicant.
B.
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.
C.
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.
D.
If employed, the name and address of the employer.
E.
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.
F.
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.
G.
A statement as to whether or not the applicant has been convicted
of any felony or crime involving moral turpitude.
H.
Applications involving solicitation for a charitable institution
shall be accompanied by a copy of the grant of exemption issued by
the Internal Revenue Service.
2.
This application completed as to all matters inquired of shall be
turned over to the Police Department of the Borough, together with
the initial fee to cover the expenses of investigation, payable to
the Borough of Jefferson Hills; said fee to be established by resolution
of Borough Council.
[Ord. 493, 12/13/1982, § V]
1.
Upon receipt of each application, it shall be immediately reviewed
by the Police Department for accuracy.
2.
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 Borough 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.
3.
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 vehicles 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 Borough Secretary shall keep a permanent record of all
licenses issued and those rejected.
[Ord. 493, 12/13/1982, § VII]
Every applicant for a license as a solicitor or transient retail
merchant under this Part shall pay a license fee as established by
resolution of Borough Council.
[Ord. 493, 12/13/1982, § VII]
1.
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.
2.
No licensee shall solicit at any private residence exhibiting a sign
reading "no solicitors" or words of the same meaning.
3.
Residents may erect "no solicitors" or similar signs not to exceed
120 square inches in size, which for the purposes of this Part shall
be conspicuously displayed near their entrance walk or doorway.
4.
Solicitors may solicit at business properties in the Borough during
all business hours; and may solicit in Borough streets and other public
places from 9:00 a.m. to sunset; provided that such solicitors obtain
a license as required by this Part and they shall be subject to all
the other provisions of this Part.
[Ord. 493, 12/13/1982, § IX]
Licensees shall exhibit their license at the request of any
resident or police officer.
[Ord. 493, 12/13/1982, § X]
1.
A license issued under the provisions of this Part 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:
A.
Fraud, misrepresentation or false statement contained in the application
for license.
B.
Fraud, misrepresentation or false statement made in the course of
carrying on his business as solicitor or transient merchant.
C.
Any violation of this Part.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting solicitation or business in an unlawful manner or in such
a manner as to constitute a breach of the peace.
F.
Refusing to leave premises when asked to do so by the occupant.
2.
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 licensee at his last known address.
[Ord. 493, 12/13/1982, § XI]
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in § 13-305 of this Part, or in the action of the revocation provided in § 13-309 of this Part, shall have the right to appeal to the Borough Council. Such appeal shall be taken by filing with the Borough Secretary, 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.
[Ord. 493, 12/13/1982, § XII]
All licenses expire on the date specified in the license.
[Ord. 493, 12/13/1982, § XII; as amended by Ord.
685, 11/5/1998; and by Ord. 844, 9/8/2014]
Any persons, firm or corporation that shall violate any of the
provisions of this Part shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days; provided that each day's violation shall constitute
a separate offense and notice to the offender shall not be necessary
in order to constitute an offense. In the event that such claims for
fines and penalties exceed the monetary jurisdiction of a Magisterial
District Judge as set forth in the Pennsylvania Judicial Code (relating
to jurisdiction and venue), exclusive of interest, costs or other
fees, the Borough may bring such action in the Court of Common Pleas
or may, pursuant to the Pennsylvania Judicial Code, waive that portion
of fines or penalties that exceeds the monetary jurisdictional limits
so as to bring the matter within the monetary jurisdiction of the
Magisterial District Judge.
