For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them by this section:
CANVASSER or SOLICITOR
A.
A vendor of merchandise or services who shall go from door to
door or place to place, selling, causing to be sold, offering for
sale or taking orders for present or future delivery of merchandise,
products or services of any description whatever, including but not
limited to magazines, periodicals, books and orders or contracts for
home improvements or alterations.
B.
A person who makes or conducts surveys for research purposes,
analyses, opinion polls, rating data and any such similar work which,
by nature, involves door-to-door or place-to-place activity.
C.
A person who goes from door to door or place to place for the
purpose of soliciting contributions, donations or any other thing
of value for any person or organization.
D.
A person who goes from door to door or place to place for the
purpose of distributing circulars or other printed or electronic media.
CANVASSING or SOLICITING
The act of going from door to door or place to place for
the purpose of:
A.
Sale, distribution, advertising, promoting, demonstrating, and/or
vending of merchandise, products, services, or materials, or taking
orders for present or future delivery of merchandise, products, services
or materials, of any description whatever, including but not limited
to magazines, periodicals, books and orders or contracts for home
improvements or alterations;
B.
Making or conducting surveys for research purposes, analyses,
opinion polls, rating data and any such similar work which, by nature,
involves door-to-door or place-to-place activity;
C.
Soliciting contributions, donations or any other thing of value
for any person or organization; or
D.
Distributing circulars, advertisements, brochures, or other
similar printed matter.
PERSON
Any individual, firm, partnership, association, organization,
entity, corporation, or group of persons.
The purposes of this article are:
A. Maintaining
quiet and privacy for residence of the Borough of Lincoln Park.
B. Discouraging
unethical and dishonest business practices.
C. For the
general protection, health and welfare of the residents of the Borough
of Lincoln Park.
D. To preserve
a record to identify names and addresses of all canvassers, vendors
and solicitors.
E. Providing
a means for implementation and enforcement of the Borough's non-solicitation
list.
No person, except as provided herein, shall canvass, solicit
or sell food, beverages, services, or merchandise from a moving vehicle
or temporary location, or engage in any act of canvassing or soliciting
in any public or quasi-public place, door to door, or place to place,
within the Borough of Lincoln Park, without first having obtained
a permit or special permit therefor in accordance with the provisions
of this article.
The governing body shall annually adopt by ordinance the fee
for a peddling and soliciting permit application.
In the event that the Chief of Police denies any application
for a permit, the applicant may appeal that decision within a period
of 10 days from the date of denial. Said appeal shall be filed with
the Borough Clerk and shall be heard by the governing body at the
next scheduled meeting of the governing body subsequent to the date
it is filed. The governing body may affirm, modify or reverse the
decision of the Chief of Police and shall indicate, in writing, the
reason for its determination. The governing body shall apply the standards
indicated hereinabove and shall relate its findings and conclusions
to the objectives of this article. The governing body's determination
shall be rendered forthwith and shall be final.
Each applicant, when canvassing or soliciting within the Borough
of Lincoln Park, shall carry the permit at all times and shall exhibit
the same to any citizen or police officer upon request.
Food or beverages may be sold from a vehicle parked in a designated
location at the Lincoln Park Community Lake during days and hours
of operation as fixed by the Borough at the Lincoln Park Community
Lake upon the issuance of a permit therefor in accordance with the
provisions of this article.
The permit shall be displayed in a conspicuous location at the
service counter of the vehicle.
A fee as provided in Chapter
34, Fees, §
34-5 shall accompany each vending application to defer the cost of processing the application and for maintenance and cleanup of the vending area.
Applications for permit shall comply with the provisions of Chapter
269, Food and Food Establishments, and all other relevant regulations of the Department of Health.
The following sections of Article
I of this chapter are hereby incorporated by reference and made applicable to vending food and beverages at the Municipal Community Lake: §
344-4, Application for permit; §
344-6, Investigation of applicant; denial or issuance of permit; §
344-7, Appeals; §
344-10, Exceptions; special permits; and §
344-11, Revocation of permit.