[HISTORY: Adopted by the Board of Supervisors of Bear Creek
Township 8-1-1995 by Ord. No. 1-95. Amendments noted where applicable.]
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who shall engage in peddling as herein defined.
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery, which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, upon any of the streets or sidewalks from house to house,
by visitation to private residences or by entering in or upon private
property within said Township.
Any natural person, association, partnership, firm, organization
or corporation.
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery or for subscriptions
of contributions upon any of the streets or sidewalks, from house
to house, by visitation of private residences or by entering in or
upon private property within said Township, and shall further mean
the seeking or taking of contracts or orders for home or other building
repairs, improvement and alterations and also orders of contracts
for any mechanical, electrical, plumbing or heating device or equipment
for houses or other building improvements or repairs, upon or from
the places aforesaid within said Township.
Any person who shall engage in soliciting as hereinabove
defined.
B.
The words "soliciting" and "peddling" shall not apply to:
(1)
Farmers seeking or taking orders for the sale of their own products.
(2)
The seeking or taking of orders by any manufacturer or producer for
the sale of bread and bakery products, meat and meat products or milk
and milk products.
(3)
The sale of goods, wares and merchandise donated by the owners thereof,
the proceeds whereof are to be applied to any charitable or philanthropic
purpose.
(4)
The seeking or taking of orders by insurance agents or brokers licensed
under the insurance laws of the Commonwealth of Pennsylvania for insurance.
(5)
Persons, corporations, partnerships and associations, their agency
or employees, who have complied with the provisions of the Act of
Assembly of the Commonwealth of Pennsylvania of 1963, P.L. 628, as
amended,[1] governing solicitations for charitable, benevolent, patriotic
or other purposes.
[1]
Editor's Note: Said Act was repealed 4-30-1986 by P.L.
107, No. 36, § 19. For current provisions, see now 10 P.S.
§ 162.1 et seq.
(6)
Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
C.
In this chapter, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Bear
Creek Township, Luzerne County, Pennsylvania, without first having
taken out a license as herein provided.
A.
Every person desiring to engage in soliciting or peddling in said
Township shall first make application to the Code Enforcement Officer
for a license. If such person shall also be required to obtain a license
from any county officer, he shall, on making such application, exhibit
a valid county license. The application shall be upon a blank provided
by the Township Secretary and shall contain at least the following
information verified by oath or affirmation:
[Amended 8-1-1995 by Ord. No. 1-95]
(1)
The full name of the applicant and local address, if any.
(2)
Permanent address.
(3)
The name of employers or a statement that such applicant is self-employed.
(4)
The nature of the goods, wares, services or merchandise offered for
sale.
(5)
A statement as to whether or not the applicant has ever been convicted
of any crime, and if the answer is in the affirmative, the nature
of the offense or offenses and the punishments imposed therein.
(6)
The type of vehicle to be used, if any.
(7)
Upon request, the applicant shall also submit to fingerprinting and
furnish a photograph.
B.
Where a person makes application for himself and one or more helpers,
all applicable personal information specified above shall be given
for each helper and verified or affirmed by oath or affirmation by
him, and an individual license shall be required for each helper.
No license under this chapter shall be transferable from one person
to another.
[Amended 8-1-1995 by Ord. No. 1-95]
No license shall be issued under this chapter until the required
fees shall be paid to the Code Enforcement Officer, and it shall be
for the use of said Township. A separate application shall be filed
and a separate permit fee shall be paid by each person who shall actually
conduct the soliciting or peddling and shall apply where an employee
desires to secure licenses for his employees, agents or servants.
[Amended 8-1-1995 by Ord. No. 1-95]
The license granted pursuant to this chapter shall be valid
for 30 days after the date of such license, and upon the expiration
of any license, if the person holding the same shall desire to continue
or renew soliciting or peddling, he shall be required to file a new
application for a permit and pay a new license fee. Such licenses
may be issued in advance for consecutive thirty-day periods, not exceeding
12 in number, upon payment in advance of the license fee. The Board
of Supervisors shall create by resolution a schedule of fees to be
paid by the applicant. The schedule of fees may be changed from time
to time by resolution of the Board.
Such licenses, when issued, shall state, inter alia, the products
to be sold or services to be rendered by the licensee. Every solicitor
or peddler shall, at all times, when engaged in soliciting or peddling
in said Township, carry such license upon his person and shall exhibit
it upon request to all police officers, said Township officials and
citizens. No solicitors or peddler shall engage in selling any product
or service not mentioned on such license.
No person licensed as a solicitor or peddler under this chapter
shall engage in soliciting or peddling on any day of the week before
8:00 a.m. or after 8:00 p.m. During the time of the year when Eastern
standard time is effective, the aforesaid hours shall be Eastern standard
time, and during the time of the year when Eastern daylight saving
time is effective, the aforesaid hours shall be Eastern daylight saving
time.
No person licensed as a solicitor or peddler under this chapter
shall park any vehicle upon any of the streets, highways or alleys
of said Township in order to sort, rearrange or clean any of his goods,
wares, services or merchandise. No such person shall place or deposit
any refuse on any such streets, highways or alleys. No such person
shall maintain or keep a street or curbstone market by parking any
vehicle upon any street or alley in said Township for any longer than
necessary in order to sell therefrom to persons residing in the immediate
vicinity.
No person licensed as a solicitor or peddler under this chapter
shall occupy any fixed location upon any of the sidewalks of the streets,
highways, alleys or sidewalks of said Township for the purpose of
soliciting or peddling with or without any stand or counter.
[Amended 8-1-1995 by Ord. No. 1-95]
The Code Enforcement Officer shall keep record of all licenses
issued under this chapter.
[Amended 8-1-1995 by Ord. No. 1-95]
Any license issued under this chapter may be suspended or revoked
at any time by the Code Enforcement Officer of said Township upon
proof being furnished to him that the application for the license
contained false information or the applicant or licensee was convicted
of a crime involving moral turpitude after the issuance of such license
and that the licensee was convicted of disorderly conduct under any
law of the commonwealth.
No person licensed as a solicitor or peddler under this chapter
shall hawk or cry his wares or services upon any of the streets or
sidewalks of said Township, nor shall he use any loudspeaker, bell,
whistle or other device for announcing his presence by which the public
is annoyed.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction thereof, be fined not more than $600 and costs
of prosecution for each offense, or, in default of the payment of
such fine and costs, undergo imprisonment in the Luzerne County Prison
for a period not exceeding 30 days.
