Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Safety sanitation and health — See Ch. 680.
[Ord. No. 451, passed 12-10-2009]
For purposes of this chapter, a "transient merchant" or "canvasser" shall be any person who goes from house to house or place to place in Upper Providence Township selling or offering to sell or taking orders or offering to take orders, bartering or offering to barter any goods, merchandise or services or for the making, manufacturing, installing or repairing of any article or thing or for the performance of any service.
[Ord. No. 451, passed 12-10-2009]
It shall be unlawful for any person to act as the transient merchant or canvasser without first securing a permit from the Township Secretary.
[Ord. No. 451, passed 12-10-2009]
(a) 
Any person desiring a permit to act as a transient merchant or canvasser within the Township shall make application to the Township Secretary on a form provided. The application shall contain at least the following:
(1) 
The full name of the applicant and local address, if any.
(2) 
The applicants permanent address.
(3) 
The full name of his or her employer or statement that the applicant is self-employed.
(4) 
The full name and address of all individuals assisting the applicant.
(5) 
The nature of the goods, services or merchandise offered for sale.
(6) 
A statement as to whether the applicant or others assisting the applicant has ever been convicted of any crime. If the answer is in the affirmative, the nature of the offense as well as punishment imposed.
(7) 
The type of vehicle(s) to be used, if any.
(b) 
At the time of the filing of such application, the applicant shall provide to the Township Secretary written proof of his or her identity which may be in the form of a driver's license or other bona fide identification card issued to the applicant. The Township Secretary may request the applicant to be fingerprinted to determine identity and/or past criminal history.
[Ord. No. 451, passed 12-10-2009]
The applicant shall pay to the Township a fee to cover administrative costs as well as the cost of investigation. The fee shall be in an amount as established by resolution of the Township Council.
[Ord. No. 451, passed 12-10-2009]
Upon compliance by the applicant with the preceding sections of this chapter, the Township Secretary shall, after such investigation as reasonably appears necessary, issue to the applicant a transient merchant or canvasser permit. The Township Secretary is not obligated to issue a permit to any applicant or others assisting the applicant who was convicted of a misdemeanor involving moral turpitude, or to any person whose permit has been previously revoked or to any person who is unable to substantiate the prior reliability of himself or herself, or the person or firm he or she represents.
[Ord. No. 451, passed 12-10-2009]
A transient merchant or canvasser permit issued under this chapter shall be good for a period of 30 days. A transient merchant or canvasser permit may be renewed on its expiration for an additional 30 days. For each renewal permit the applicant shall pay to the Township a fee of $5.
[Ord. No. 451, passed 12-10-2009]
A transient merchant or canvasser permit shall be non-transferable.
[Ord. No. 451, passed 12-10-2009]
A transient merchant or canvasser permit shall be subject to the following conditions:
(a) 
The holder shall have his or her transient merchant or canvasser permit in their possession at all times and shall exhibit upon request by any police officer of the Township, by any purchaser, or by any person being solicited.
(b) 
The holder of a permit shall make no false statements or false misrepresentations of fact in the course of carrying on the activity for which the permit is granted, and shall conduct himself or herself in an orderly and lawful manner at all times.
(c) 
For the sale or delivery of any goods or merchandise, there shall be a written order or invoice, in duplicate, showing the name and address of the firm represented by the transient merchant or canvasser, issued and signed by the transient merchant or canvasser, and signed by the purchaser stating the terms and conditions of the sale, a description of the goods or merchandise, the quantity and price thereof, the date of the sale or the date of delivery and the amount paid in advance, if any. The duplicate of such order or invoice shall be given to the purchaser.
(d) 
The holder of a transient merchant or canvasser permit shall not sell, distribute or circulate literary material or canvass or solicit orders for goods or merchandise from pedestrian or vehicular traffic on or adjacent to any street within the limits of the Township in such a manner as to interfere with the normal and usual use of such street.
(e) 
The holder of a transient merchant or canvasser permit shall not enter in or upon any house, business, building or other structure, land or property, without prior consent of the owner/occupant thereof, where there is a sign placed in a conspicuous position stating the owner/occupant does not desire persons engaged in such activity to enter upon the premises.
(f) 
The holder shall not represent his or her permit to be an endorsement by the Township of himself or herself or of his or her goods or services or of the goods or services of his or her principal or employer.
[Ord. No. 451, passed 12-10-2009]
The hours of soliciting shall be restricted to the hours of 9:00 a.m. to 6:00 p.m.
[Ord. No. 451, passed 12-10-2009]
Any transient merchant or canvasser permit issued under the provisions of this chapter may be revoked by the Township Secretary for any fraud, misrepresentation or false statement contained in the application, for any crime committed while soliciting or for failure to comply with conditions set forth in this chapter.
[Ord. No. 451, passed 12-10-2009]
Any person violating this chapter shall be subject to the penalties set forth in Section 202.99(b), (c) and (d).