[HISTORY: Adopted by the Borough Council of the Borough of Souderton 10-6-1958 by Ord. No. 240 (Ch. 56 of the 1972 Code). Amendments noted where applicable.]
[Added 8-7-1972 by Ord. No. 408]
For the purposes of this chapter, the following terms shall have the meanings indicated:
ITINERANT MERCHANT
A person who travels from place to place selling goods in the streets or other places, including persons who offer or expose such goods for sale, whether or not from pushcarts or other mechanically or automotively driven vehicles.
PEDDLER
A person who conveys or transports goods, wares or merchandise and offers or exposes the same for sale or makes sales thereof by going from door to door or place to place, and shall include the terms "hawker" and "huckster."
PERSON
Any natural person or persons, partnership, association, company, firm or corporation, or any agent or employee thereof.
SOLICITOR or CANVASSER
Any person who goes from door to door or place to place for the purpose of attempting to obtain donations or contributions in any form or to take orders from individuals for sale by cash, deferred payment or installment sales contracts, or any like means, of goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever, for present or future delivery, or for service to be performed at that time or in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payments on such orders or whether or not the consideration of the sale is an installment sales contract.
TRANSIENT RETAIL BUSINESS
Any retail business or enterprise which has no permanent place of business within the Borough and which uses premises not owned by the operator thereof and which is operated for six months or less of each or every year, whether a storeroom, market stand or otherwise, for the sale of products, goods, wares or merchandise, or to offer or expose the same for sale or for future delivery and sale.
Every person entering into or desiring to do business within the Borough of Souderton as a peddler, huckster, hawker, solicitor or itinerant merchant shall, before starting, obtain a license from the Mayor as herein provided.
Every person entering into or desiring to begin a transient retail business within the Borough of Souderton shall, before starting, obtain a license from the Mayor as herein provided.
[Amended 7-6-1959 by Ord. No. 258; 8-6-1962 by Ord. No. 299]
Every person beginning or desiring to solicit contributions, gifts or pledges of money or any other thing of value, or to engage in the dissemination of economic, political, cultural or religious information, in the Borough of Souderton, shall not be required to pay a license fee and may automatically engage in such activities upon registration with the Mayor, except that it shall be unlawful to distribute, with or without consideration, any books, booklets, circulars, pamphlets or other printed, mimeographed or typewritten material or any merchandise in such manner as to cause the streets, alleys or pavements of the Borough to become dirty or littered.
Nothing contained in this chapter shall be construed to apply to:
A. 
Any person who sells, in or about the streets of the Borough of Souderton, vegetables or animal products raised on his or her own land.
B. 
Any person taking orders for merchandise by sample, from dealers or merchants, for individuals or companies who pay a license or mercantile tax at their chief place of business.
C. 
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.
D. 
Any manufacturer or producer in the sale of bread and baking products, meat and meat products or milk and milk products.
[Amended 5-6-1996 by Ord. No. 594[1]]
A fee as set by resolution of the Borough Council shall be charged for each solicitor's permit and shall be valid for a period of 30 calendar days from the date of issuance.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every person required to obtain a license by virtue of this chapter, or required to register hereunder by virtue of § 457-4 of this chapter, shall make application to the Mayor on forms provided for that purpose at the office of the Borough Clerk, and upon said application shall furnish the following information:
A. 
Name and description of the applicant, including aliases, and age.
B. 
Address (legal and local).
C. 
A brief description of the nature of the business and the goods to be sold, and, in the case of products of farm or orchard, whether produced or grown by the applicant, and also the type or types of subscriptions or contributions which applicant wishes to solicit.
D. 
If employed, the name and address of the employer, together with credentials establishing the exact relationship.
E. 
The length of time for which the right to engage in the licensed or registered activity is desired.
F. 
If a vehicle is to be used, a description of the same, together with license number or other means of identification.
G. 
A photograph of the applicant taken within the last year immediately prior to the date of the filing of the application, which picture shall be two by two inches, showing the head and the shoulders of the applicant in a clear and distinguishing manner.
H. 
A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense and the punishment or penalty assessed therefor.
I. 
At the time of filing the application, a fee in the amount required as set forth in § 457-6 of this chapter shall be paid to the Borough Clerk.
Every person to whom a license has been issued hereunder shall comply with the following rules:
A. 
He shall carry the license card while engaged in the licensed activity or activities incidental thereto, and shall exhibit it to any police officer, Borough official or citizen upon request.
B. 
He shall not permit any other person to have possession of the license card and, if the license is lost, shall report the loss immediately to the Mayor or Chief of Police.
C. 
He shall not alter or deface the card or permit others to do so.
D. 
He shall not represent the aforesaid license to be an endorsement of the licensee or of the goods or services of his or her principal or employer.
E. 
He shall not enter or attempt to enter any dwelling without an invitation or permission of the occupant, and shall leave immediately upon request.
F. 
He shall surrender immediately the license card upon revocation of the license.
G. 
He shall not conduct the business licensed under this chapter in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
[Added 8-6-1962 by Ord. No. 299]
A. 
No peddler, huckster, hawker, solicitor or itinerant merchant shall call upon or go upon private residences in the Borough of Souderton on Sundays or before 9:00 a.m. or after 6:00 p.m. on all other days, without having been requested or invited to do so by the occupant or occupants of said private residence.
B. 
This section shall not apply to persons beginning or desiring to solicit contributions, gifts or pledges of money or any other thing of value, nor to persons engaging in the dissemination of economic, political, cultural or religious information in the Borough of Souderton.
The Mayor shall keep a record of all licenses issued under this chapter, and the Chief of Police shall apply daily to the Mayor for a list of all licenses issued hereunder since the previous day. The Mayor and the Chief of Police shall supervise the activities of all holders of such licenses.
A. 
The Mayor is hereby authorized to revoke any license issued under this chapter:
(1) 
For failure of the licensee to comply with the rules set forth in §§ 457-8 and 457-9 hereof.
[Amended 8-7-1972 by Ord. No. 408]
(2) 
For the violation of any of the provisions of this chapter.
(3) 
For giving false information upon any application for a license hereunder.
(4) 
Upon such licensee's being arrested and convicted of any crime involving moral turpitude.
B. 
Such revocation may be in addition to any fine imposed.
Notice of revocation shall be given by written notice, personally served or sent by registered mail to the address of the licensee.
A. 
Any person whose license has been revoked shall be entitled to appear, with counsel if desired, before the Borough Council of the Borough of Souderton, at a regular or special meeting, and show cause why the license should not have been revoked.
B. 
The Borough Council is hereby authorized to reinstate the license if it is satisfied that the license should not have been revoked.
[Amended 8-7-1972 by Ord. No. 408]
Any person who shall violate any of the provisions of this chapter shall, upon conviction thereof before a Magisterial District Judge, pay a fine of not less than $1 nor more than $300 and costs of prosecution for each such violation, or be imprisoned in the Montgomery County Prison for a period of not more than 30 days, or both; and a separate violation shall be deemed committed on each day during or on which a violation occurs or continues.