[HISTORY: Adopted by the Board of Supervisors of the Township of Fairview as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 187.
Streets and sidewalks — See Ch. 255.
[Adopted 5-14-1991 by Ord. No. 91-2 (Ch. 13, Part 2, of the 1991 Code of Ordinances)]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
LEGAL HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas.
PEDDLER
Any person engaged in peddling as defined herein.
[Added 4-28-2014 by Ord. No. 2014-4]
PEDDLING
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, or from house-to-house, or by visitation to private residences, or by entering in or upon private property within the Township.
[Added 4-28-2014 by Ord. No. 2014-4]
PERSON
Any natural person, partnership, association, corporation, or other legal entity.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery or for subscriptions or contributions, upon any of the streets or sidewalks, or from house-to-house, or by visitations to private residences; or by entering in or upon private property within the Township, and shall further mean the seeking or taking of contracts for any mechanical, electrical, plumbing or heating device or equipment for home or other building improvements or repairs, upon or from the places aforesaid within the Township. The term “soliciting” shall not include those circumstances where an owner of a residence or private property requests or otherwise invites a person to their home or private property for the purpose of engaging in the aforementioned activities.
[Added 4-28-2014 by Ord. No. 2014-4]
SOLICITOR
Any person who shall engage in soliciting as herein defined.
[Added 4-28-2014 by Ord. No. 2014-4]
TOWNSHIP
The Township of Fairview, York County, Pennsylvania, its employees, agents and elected or appointed officials.
[Added 4-28-2014 by Ord. No. 2014-4]
TRANSIENT RETAIL BUSINESS
(1) 
Engaging in peddling, 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 Township of Fairview; or
(2) 
Selling, soliciting, or taking orders for any goods, wares, or merchandise, from a fixed location within the Township of Fairview, on a temporary basis, which shall include, but 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.
B. 
The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.
[Amended 4-28-2014 by Ord. No. 2014-4]
No person shall engage in any transient retail business, soliciting or peddling without first having obtained from the Township Manager or his designee a license, for which a fee shall be established by resolution of the Board of Supervisors from time to time.
A. 
No license fee shall be charged:
(1) 
To farmers selling their own produce;
(2) 
For 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;[1]
[1]
Editor’s Note: Former Subsection A(3), regarding sales of bread, bakery products, meat and meat products, and milk and milk products, was repealed 4-28-2014 by Ord. No. 2014-4. This ordinance also provided for the redesignation of former Subsection A(4) through A(7) as Subsection A(3) through A(6), respectively.
(3) 
To children under the age of 18 years who take orders for and delivery for newspapers, magazines, discount cards, greeting cards, candy, bakery, products, and other similar goods sold for the purpose of fundraising for organizations such as the Boy Scouts, Girl Scouts, schools, local athletic teams and other similar organizations.
[Amended 4-28-2014 by Ord. No. 2014-4]
(4) 
To any honorable discharged member of any of the armed services who complies with the Act of 1867, April 8, P.L. 50, 60 P.S. § 61 (1982),[2] hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in pursuance of the Act of 1867;
[2]
Editor's Note: Said Act was repealed 11-24-1992 by P.L. 717, No. 108.
(5) 
To the seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania;
(6) 
To any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. §§ 160-1 et seq. (1982),[3] as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.[4]
[3]
Editor's Note: Said Act was repealed 4-30-1986 by P.L. 107, No. 36.
[4]
Editor’s Note: Former Subsection A(8), regarding taking of orders for merchandise by sample, was repealed 4-28-2014 by Ord. No. 2014-4.
B. 
But all persons exempted hereby from the payment of the license fee shall be required to register with the Secretary of the Township and obtain a license without fee, provided that, 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 the sale of goods, wares, and merchandise not in such exempted categories. Provided, further, the Secretary of the Township may similarly exempt from payment of the license fee, but not from registering with him, persons working without compensation and selling goods, wares, or merchandise for the sole benefit of any nonprofit corporation. Provided, further, every license issued under the provisions of this article shall be issued on an individual basis to any person or 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, except that a representative of a charitable organization may obtain licenses for the applicants therein.
[Amended 4-28-2014 by Ord. No. 2014-4]
Every person desiring to engage in soliciting, peddling or a transient retail business within the Township shall first make application to the Secretary of the Township for such license. If such person shall also be required to obtain a license from any County officer or any state officer, such person, shall, upon making such application, present a valid County or state license. The application shall be made upon a form provided by the Township Secretary and shall contain the following information:
A. 
Full name of the applicant and local address, if any.
B. 
Permanent address.
C. 
Name and address of employer or a statement that the applicant is self-employed.
D. 
Nature/type of goods, wares, services or merchandise offered for sale.
E. 
A statement as to whether the applicant has ever been convicted of any crime (exclusive of summary offenses and/or moving violations) and, if the answer is in the affirmative, the nature of such offense(s) and the punishment(s) imposed.
F. 
The type and license plate of vehicle to be used by applicant, if any.
G. 
The applicant shall furnish a photograph of himself.
H. 
Where a person makes application for himself and one or more other persons, all applicable personal information specified above shall be provided for each person and verified or affirmed by oath or affirmation by such person applying and an individual license shall be required for each such person.
[Amended 4-28-2014 by Ord. No. 2014-4]
A. 
No license shall be issued hereunder until 15 days after the date a completed application is submitted to the Township Secretary. No application shall be considered complete unless the full fee, as established by resolution of the Board of Supervisors from time to time, has been remitted to the Township Secretary.
B. 
Such license shall contain the information required to be given on the application, including the goods or services to be offered for sale by the licensee and a photograph of the licensee.
C. 
Every license holder shall carry such license upon his person if engaged in peddling, soliciting or a transient retail business when engaging in such activities from house-to-house or upon any of the streets, alleys, sidewalks, or public grounds, or shall display such license at the location where he shall engage in such business if doing so at a fixed location.
D. 
Every licensee shall produce such license, upon request, to all police officers, municipal officials and citizens or residents of the Township.
E. 
The license granted pursuant to this article shall be valid for a period of 30 days after date of issuance, and, upon expiration of any license, if a licensee wishes to continue or renew the same, he shall be required to submit a new application for a license and pay a new license fee. Such licenses may be issued, in advance, for consecutive thirty-day periods, not exceeding six in number, upon payment in advance, of the fee as established by resolution of the Board of Supervisors.
F. 
Denial of license.
(1) 
The Township Secretary or Manager may deny a license in the following circumstances:
(a) 
If the application is not complete, including the failure to pay the application fee;
(b) 
If the application fails to comply with the requirements set forth in this article;
(c) 
If the application contains a known material misrepresentation; or
(d) 
If the granting of the license would create a threat of harm or danger to the citizens of the Township.
(2) 
The Township Secretary shall provide written notice to the applicant within 15 days of the date of the application whether the license has been granted or denied. In the event of a denial of a license, such notice shall include a brief statement of the reasons and facts upon which the denial is based.
G. 
Appeals from denial of a license may be made in writing to the Board of Supervisors no later than 10 days from the issuance of a denial. Upon receiving an appeal, the Board shall set a hearing date no later than 20 days from the date the appeal is received, at which time, the license holder and any other interested person shall have the right to present his or her argument and any supporting evidence. The Board shall provide written notice of its decision within five days of the hearing.
No person in any transient retail business shall:
A. 
Sell any product or type of product not mentioned in his license;
B. 
Hawk or carry his wares upon any of the streets, alleys, sidewalks, or public grounds in the Township;
C. 
When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in the Township for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity;
D. 
Park any vehicle upon any of the streets or alleys in the Township for the purpose of sorting, rearranging, or cleaning any of his goods, wares, or merchandise or of disposing of any carton, wrapping material, or stock, wares or foodstuffs which have become unsaleable through handling, age or otherwise;
E. 
Engage in any business activity, except by prior appointment, at any time on a Sunday or legal holiday or at any time before 9:00 a.m. or after 6:00 p.m. on any day of the week other than a Sunday or legal holiday.
[Amended 4-28-2014 by Ord. No. 2014-4]
The Township Manager shall keep a record of all licenses issued under this article and the Chief of Police shall request weekly for a list of all such licenses issued since the previous week. The Chief of Police, through the Township police officers, shall supervise the activities of all license holders; provided, however, that the Township Codes Enforcement Office shall have the authority to enforce this article also.
[Amended 4-28-2014 by Ord. No. 2014-4]
The Township Manager is hereby authorized to suspend or revoke any license issued under this article when he deems such suspension or revocation to be beneficial to the public health, safety, or morals, for 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 Board of Supervisors 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 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2]
Any person, firm or corporation who is found to be in violation of any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and/or undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this article continues shall constitute a separate offense.