[Ord. 831, 12/5/2016]
The following terms shall have the following meanings unless
otherwise expressly set forth in the text.
A person who desires to secure a license for solicitation,
peddling, or a transient retail business.
Acceptable to Borough Council.
The Borough of Fountain Hill.
The Borough Council of the Borough of Fountain Hill.
The license issued by the Borough pursuant to the terms,
conditions and provisions hereof.
The period of time for which a license has been issued and
is valid.
Any person, individual, association, organization, corporation,
partnership, co-partnership, firm, joint venture or similar business
entity that secures a license.
Any individual, association, organization, corporation, partnership,
co-partnership, firm, joint venture or similar business entity that
applies for a license.
Any of the following events or practices: peddling, canvassing,
soliciting or taking orders, either by sample or otherwise, for any
goods, wares, merchandise, magazines, periodicals, books or other
personal property, or services to be furnished or performed now or
in the future, or solicitation of contributions for various causes
and organizations, including, but not limited to, charitable, religious,
political, educational or philanthropic organizations upon or from:
Any street, alley, sidewalk or public place, or from house to
house within the Borough; or
A fixed location within the Borough, on a temporary basis, which
shall include, but is not limited to, any activities conducted at
the time of special occasions or celebrations, for seasonal purposes,
or for or in advance of particular yearly holidays.
[Ord. 831, 12/5/2016]
1.
No person shall engage in any solicitation or transient retail business
in the Borough without registering with and obtaining a license from
the Borough. With respect to nonprofit corporations or other charitable
organizations, only the organization is required to register with
the Borough and obtain a license. Individual members are exempt from
the requirements of this section.
2.
Pursuant to 73 P.S. § 2011 et seq., no person shall solicit
the subscription of any magazine by the use of door-to-door salespersons
without first obtaining a license from the Attorney General and complying
with the applicable requirements of 73 P.S. § 2011 et seq.;
provided that these provisions of 73 P.S. § 2011 et seq.
shall not apply to any charitable or nonprofit organization which
solicits the subscription of magazines by the use of door-to-door
salespersons.
[Ord. 831, 12/5/2016]
1.
An applicant for a license shall file with the Borough Executive
Administrator an application, in writing, on a form to be provided
by the Borough for that purpose, which form shall be approved by resolution
of Borough Council. If such person is also required to obtain a license
from the Attorney General pursuant to 73 P.S. § 2011 or
from any County Treasurer pursuant to 60 P.S. § 21, such
person shall exhibit said valid license(s) when making the application
to the Borough.
2.
The application shall be accompanied by the required license fee
as prescribed below in § 305 and a photograph of the applicant(s).
3.
A list of any and all solicitors of an applicant shall accompany
all applications for a license.
4.
All applications for a license shall be submitted to the Borough
at least 15 days in advance of the date an applicant plans to commence
the solicitation or transient retail business.
5.
Within five days after a complete application is filed, the Borough
Executive Administrator shall direct the Borough Police Department
to conduct an investigation of the applicant and the information set
forth in the application. Said investigation shall be completed within
72 hours and the results reported to the Borough Executive Administrator.
[Ord. 831, 12/5/2016]
1.
Within two days of receiving the investigation results from the Borough
Police Department, the Borough Executive Administrator may issue a
license to the applicant, provided the application conforms to the
requirements of this Part and all applicable laws and regulations
and the applicant has paid the required license fee.
2.
The Borough may attach any reasonable conditions to an issued license.
The issued license must include the date(s) the license is valid or
provide for a thirty-day period, whichever is shorter, and any time
restrictions as to when a person may solicit.
[Ord. 831, 12/5/2016]
1.
A fee shall be charged for each license issued in an amount to be
established by resolution of Borough Council and as amended by resolution
from time to time by Borough Council. This fee may be waived for nonprofit
associations, at the Borough's discretion.
2.
In the event a license is denied, the Borough shall return the license
fee less $5. Any fees retained shall be used to partially reimburse
the Borough for the expenses of the investigation.
3.
Any nonprofit organization, even if the license fee is waived, is
still required to register with the Borough and is subject to all
other provisions of this Part except pertaining to the payment of
a license fee.
[Ord. 831, 12/5/2016]
Every licensee shall carry a valid and unexpired license on
their person or display it on their vehicle or from a fixed location,
as applicable. The licensee shall exhibit the license, immediately
upon request, to any police officer, Borough official, or any citizen
or resident of the Borough.
[Ord. 831, 12/5/2016]
[Ord. 831, 12/5/2016]
Every license shall terminate automatically at the time of 6:00
p.m. on the day the license period expires.
[Ord. 831, 12/5/2016]
1.
No person engaged in any transient retail business shall:
A.
Sell any goods, wares, merchandise or service other than that provided
for in the license;
B.
Hawk or cry the licensee's wares upon any street, alley or public
ground in the Borough or use any loudspeaker or horn or other device
for announcing the licensee's presence, which device may annoy
the public;
C.
When selling from a vehicle, stop or park the vehicle upon any street,
alley or public ground in the Borough for longer than necessary to
make a sale;
D.
Be guilty of any false pretense or misrepresentation and, particularly,
shall not represent the licensee's license to be an endorsement
of the goods or services;
E.
Enter or attempt to enter any dwelling without the invitation or
permission of the occupant and/or refuse to leave any premises upon
request of the occupant; engage in any house-to-house activity, except
by prior appointment, before 9:00 a.m. or after 6:00 p.m. or dusk
(whichever is earlier); or
F.
Transfer or attempt to transfer or permit any other person to have
possession of the license or cause or permit the license to be altered
or defaced in any way.
2.
Any violation or failure to comply with any provision of this Part
shall constitute a summary offense. Any person found guilty thereof
shall, upon conviction, pay a fine of not more than $600, plus costs
and attorney's fees. In the event of nonpayment of said fine,
the person may be imprisoned for a period not to exceed 30 days; provided
a court shall not commit a person to prison for failure to pay a fine
or costs unless it appears after a hearing that the person is financially
able to pay the fine or costs. Each section of this Part found to
have been violated shall constitute a separate offense. Each day that
a violation of a license or this Part continues shall constitute a
separate offense. In addition to the aforementioned penalties, all
other actions are reserved to the Borough, including an action in
equity for the proper enforcement of this Part. The imposition of
a fine or penalty for any violation shall not excuse the violation
or noncompliance or permit further violations or noncompliance.
[Ord. 831, 12/5/2016]
1.
An application for a license may be denied, or, if issued, may be
suspended for any of the following reasons:
A.
Failure of background check.
B.
Receipt of three or more citizen complaints within a thirty-day period.
C.
False or misleading information provided in the application.
D.
Failure to present food/health inspection certifications (if applicable).
E.
Violation of any provision of this Part.
F.
When deemed to be in the interest of the public health, safety, welfare
or morals.
2.
An applicant whose license is denied, revoked or suspended shall
receive notice and an opportunity to be heard (to occur within five
days of the date of the notice). Any notice of suspension or revocation
shall include the reasons therefor.
3.
Appeals from any suspension or revocation of a license must be made
to the Borough Council within 10 days of said suspension or revocation.
Appeals from the Borough Council's subsequent decision may be
made to the Lehigh County Court of Common Pleas pursuant to the provisions
of the Local Agency Law, 2 Pa.C.S.A. § 752.
4.
In the event a license is suspended or revoked, no portion of the
license fee shall be refunded to any person.
[Ord. 831, 12/5/2016]
This Part shall not apply to any person who is beyond the legal
power of the Borough under either the Constitution of the United States
or the Constitution or Laws of the Commonwealth of Pennsylvania. This
Part shall not affect violations of any other ordinance, code or regulation
existing prior to the effective date hereof, and any such violation
shall be governed and punishable to the full extent of the law under
the provisions of those ordinances, codes or regulations in effect
at the time the violation was committed.
[Ord. 831, 12/5/2016]
The provisions of this Part are severable. If any provision,
sentence, clause, phrase, section or part thereof shall for any reason
be found unconstitutional, illegal or invalid, such unconstitutionality,
illegality, or invalidity shall not affect or impair any of the remaining
provisions, sentences, clauses, phrases, sections or parts thereof,
but the same shall remain in effect. It is hereby declared to be the
intent of Borough Council that this Part shall stand notwithstanding
the invalidity of any part included herein.
[Ord. 831, 12/5/2016]
The provisions of this Part shall become effective 30 days after
enactment.
[Ord. 831, 12/5/2016]
Any ordinance, in part or in whole, conflicting or inconsistent
with the provisions of this Part are hereby repealed insofar as the
same may conflict with or be inconsistent with the terms of this Part.
