The Board of Commissioners has determined, upon full consideration
of the matter, that for the health, welfare and safety of its residents
it is desirable to adopt regulations governing solicitors and itinerant
merchants, and all of the provisions hereof shall be construed for
the accomplishment of that purpose.
The definitions as set forth in Chapter
142, the Penn Township Ordinance of Definition, are hereby incorporated into this chapter. In addition, the following definitions shall apply:
HOME SOLICITOR
A person who goes from house to house or from place to place
soliciting or canvassing money, gifts or contributions for any purpose,
selling or taking orders for or offering to sell or take orders for
any goods, merchandise or services.
HOME SOLICITATION TRANSACTION
A transaction or the purchase of goods or services, payable
in installments or cash, in which the home solicitor engages in a
personal solicitation of a sale to a person at a residence other than
his own. A home solicitation transaction shall not include a sale
made pursuant to a preexisting retail charge agreement, or a sale
made pursuant to prior negotiations between the parties at a business
establishment at a fixed location where goods or services are offered
or exhibited for sale; or a sale of realty in which transaction the
purchaser is represented by a licensed attorney or in which the transaction
is being negotiated by a licensed real estate broker or in which the
property is offered for sale by the owner.
ITINERANT MERCHANT
A person who sets up and operates a temporary business within
the premises of another business or any other building or location
within the Township, selling or taking orders for or offering to sell
or take orders for any goods or services.
CHIEF OF POLICE
The Chief of Police of the Township of Penn or his/her designee.
NONPROFIT ORGANIZATION
Any organization or corporation duly and legally established
for purely religious, charitable, scientific or educational purposes,
including civic organizations, fire companies, service organizations
and fraternal beneficial societies.
RESIDENCE
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
SERVICES
The act of providing assistance, attention or professional
aid to an individual or company in return for a fee, profit, gain
or other compensation.
SOLICITING
Canvassing or seeking money, gifts or contributions for any
purpose, selling or attempting to sell goods or services, or to take
or attempt to take orders for services or goods to be performed or
furnished in the future.
TEMPORARY BUSINESS
An activity carried on or exercised for gain or profit, including
but not limited to the purchase, sale, barter or exchange of merchandise,
goods, wares or services for a period not to exceed 45 days in any
calendar year.
It shall be unlawful for any itinerant merchant or home solicitor
to solicit, sell, display or offer for sale any goods or services
within the Township without first obtaining a permit from the Township.
No permit shall be required under this chapter if:
A. The solicitation is for a charitable, educational or religious purpose,
and the defendant exhibits, at the time of solicitation, documentation,
in writing, which identifies that person as a representative of the
charitable, educational or religious organization for whom that person
is soliciting. Said documentation shall include any certificates issued
by an appropriate governmental authority which are current and verify
the nonprofit status of the organization. In addition, the Township
may, at its discretion, require any exempt organization to provide
a complete list of names and addresses of solicitors or potential
solicitors by the organization prior to any soliciting.
B. The solicitor is on the property by invitation of the person residing
on such premises.
C. The sales made to dealers by commercial travelers or sales agents
in the usual course of business, calling upon or dealing with manufacturers,
wholesalers, distributors or retailers at their places of business.
D. The sales are made by residents selling seasonal fruits and vegetables
roadside, which produce is grown on the location at which it is sold,
provided that said seasonal business complies with the public safety
requirements of § 214-6C.
Any applicant aggrieved by the action of the Police Chief in
the denial of an application for a permit shall have the right of
appeal to the Board of Commissioners. Such appeal must be filed by
the applicant with the Township Manager no more than 10 days after
the mailing date of the notice of denial sent to the address listed
on the application. The appeal shall be a letter containing a written
statement setting forth the grounds for the appeal. A hearing on the
denial shall be scheduled for the next regular meeting of the Board,
to be held no sooner than five days after the appeal has been filed
with the Township. Notice shall be sent to the appellant at the address
listed on the letter of appeal. The decision and order of the Board
of Commissioners on such appeal shall be final and conclusive.
It shall be unlawful for a person engaged in soliciting under
this chapter to:
A. Misrepresent the purpose of the solicitation;
B. Continue efforts to solicit from an individual once that individual
informs the solicitor that he/she does not wish to make a purchase
from that solicitor; or
C. Represent the issuance of any permit under this chapter as an endorsement
or recommendation of any solicitation.