[Ord. 594, 7/1/2003, § 2]
When used in this Part, the following terms shall have the following
meanings:
An organization which has been granted an exemption by the
United States Internal Revenue Service under § 501(c) or
§ 509(a) of the Internal Revenue Code.
Any person:
Who goes from private residence to residence, conveying or transporting
goods, wares, or merchandise, or offering or exposing the same for
sale or making sales or delivering articles, goods, wares, or merchandise
to purchasers.
Who goes from private residence to residence, soliciting or
attempting to take orders from individuals for sale of goods, wares,
or merchandise, including magazines, books, periodicals, or personal
property of any nature whatsoever, for 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 order.
Who goes from private residence to residence soliciting donations
or money for themselves or for any organization for any purpose, whether
or not anything of value is given in return.
Any person, who for three months or less, hires, rents, or
obtains a definite place of business, including a storeroom, a market
stand, or a private residence, for the sale of goods, wares, merchandise,
or to offer or expose the same for sale or for future delivery and
sale, including any person employed or assisting at such place of
business.
[Ord. 594, 7/1/2003, § 2]
The terms of this Part shall not be held to apply to (A) the
acts of merchants or their employees or agents in delivering goods
or services in the regular course of business; (B) any manufacturer
or producer in the sale of bread and bakery products, meat and meat
products, or milk and milk products, (C) farmers selling only their
own produce; and (D) any person engaged in religious proselytizing,
pamphleteering, distribution of religious tracts, political campaigning,
or similar activities which involve no solicitation or sales or commercial
transactions of any nature.
[Ord. 594, 7/1/2003, § 2]
It shall be unlawful for any solicitor or transient merchant, as defined in § 13-201 of this Part to engage in the activities described in said section within the Township without first obtaining a license therefore in compliance with the provisions of this Part.
[Ord. 594, 7/1/2003, § 2]
1.
Applicants for a license under this Part must file with the Police
Department of the Township an application in writing on a form to
be furnished by the Township, and which contains the following information:
A.
Name and physical description of applicant.
B.
The address and telephone number of the applicant, the organization
for whom he is soliciting and, in the case of transient merchants,
the local address from which proposed sales will be made.
C.
A brief description of the nature of the business and the goods to
be sold or the organization on behalf of which funds are solicited.
D.
If employed, the name and address of the employer.
E.
The source of supply of the goods or property proposed to be sold,
or orders taken for the sale thereof; and, the proposed method of
delivery.
F.
Two recent photographs of the applicant, which shall be approximately
two inches, showing the head and shoulders of the applicant in a clear
and distinguishable manner.
G.
A statement describing any criminal convictions that the applicant
may have for burglary, theft, violent crimes against persons or property,
fraud, or misrepresentation.
H.
Applications involving solicitation for a charitable institution
shall be accompanied by a copy of the grant of exemption issued by
the Internal Revenue Service.
I.
A description of any vehicle to be used in the course of applicant's
solicitation or business, including the vehicle's license number
and name of the vehicle's owner.
J.
A statement of the length of time for which a license is requested.
2.
This application completed as to all matters inquired of shall be
turned over to the Police Department of the Township, together with
an application fee to cover the expenses of investigation, payable
to the Township of Collier; said fee to be established and amended
from time to time by resolution of the Board of Commissioners.
[Ord. 594, 7/1/2003, § 2]
1.
Upon receipt of each application and the application fee, it shall
be immediately reviewed by the Police Department for completeness
and accuracy and for completion of a criminal background check.
2.
If, as a result of such review, the application is found to be complete
and accurate and the applicant's record is free of convictions
of burglary, theft, violent crimes against persons or property, fraud,
or misrepresentation, the Chief of Police or his designate shall endorse
on the application his approval and return the application to the
Township Secretary or designate, who shall, upon payment of the prescribed
initial license fee deliver to the applicant his or her license within
24 hours after payment of the fee, provided that no license shall
be issued to any convicted felon or person convicted of a crime involving
moral turpitude.
3.
Such license shall contain the signature of the issuing officer and
the phone number of the Collier Township Police Department, and shall
show the name, address, and photograph of said licensee, the class
of license issued, a description of the kind of goods, solicitation,
or business involved, the organization involved and its name, address
and telephone number, the amount of fee paid, the date of issuance
and the expiration date, as well as the license number and other identifying
description of any vehicle used in such licensed business. Each solicitor
or transient merchant must secure an individual license. No license
shall be used at any time by any person other than the one to whom
it is issued. The Township Secretary shall keep a permanent record
of all licenses issued and those rejected.
4.
Applicants denied a license shall be so notified in writing setting
forth specifically the grounds for denial and advising the applicant
of the right of appeal the denial under the Local Agency Law, 2 Pa.C.S.A.
§ 751 et seq. Such notice shall be transmitted by first
class mail, postage prepaid, to the applicant's last known address.
[Ord. 594, 7/1/2003, § 2]
Charitable organizations shall comply with the provisions of
this Part, but the application or license fee may be reduced or waived
as set forth by resolution of the Board of Commissioners.
[Ord. 594, 7/1/2003, § 2]
Every applicant granted a license as a solicitor or transient
merchant under this Part shall pay a license fee as established by
resolution of the Board of Commissioners.
[Ord. 594, 7/1/2003, § 2]
1.
From October 1 through April 15, no licensee shall solicit at private
residences before 9:00 a.m. or after 6:00 p.m., prevailing time. From
April 15 through September 30, no licensee shall solicit at private
residences before 9:00 a.m. or after 9:00 p.m., prevailing time.
2.
No licensee shall solicit at any private residences or business premises
exhibiting a sign reading "No Solicitors" or words of the same or
similar meaning.
3.
Residents may erect "No Solicitors" or similar signs not to exceed
120 square inches in size, which for the purpose of this Part shall
be conspicuously displayed near their entrance walk or doorway.
4.
Solicitors may solicit at business properties in the Township during
all business hours; and may solicit in Township streets and other
public places from 9:00 a.m. prevailing time to sunset; provided,
that such solicitors obtain a license as required by this Part and
they shall be subject to all the other provisions of this Part.
5.
No licensee shall occupy a fixed location upon any Township street,
sidewalk or alley for the purpose of conducting sales of any kind.
6.
No licensee shall carry on the activities of a solicitor or transient merchant as described in Subsection 1 above.
7.
The Chief of Police shall maintain a list of addresses of residents
who have stated in writing or by telephone call to the Police Department
that they do not wish to be solicited at any time. A copy of this
"No Soliciting List" shall be supplied along with and as part of any
transient retail license issued hereunder.
8.
The license shall be conspicuously displayed on the person of each
licensee during all solicitation activities.
9.
The licensee shall permit the residents of any home where solicitation
is conducted to examine the license upon request.
10.
No licensee may use any false statement or misrepresentation in the
course of solicitation.
11.
All licensees shall immediately leave a premises when requested by
the owner or occupant to do so.
[Ord. 594, 7/1/2003, § 2]
1.
Licenses issued under the provisions of this Part may be revoked
by the Chief of Police or his designee for any of the following causes,
each of which causes shall constitute a violation of this Part:
A.
Fraud, misrepresentation, or false statement contained in the application
for license.
B.
Fraud, misrepresentation, or false statement made in the course of
carrying on his business as solicitor or transient merchant.
C.
Any violation of this Part.
D.
Conviction of any crime or misdemeanor involving moral turpitude.
E.
Conducting solicitation or business in an unlawful manner or in such
a manner as to constitute a breach of the peace.
F.
Refusing to leave premises when asked to do so by the occupant.
G.
Conducting solicitation or business not described in the license.
H.
Conducting transient retail business activities at residential premises
posted with a "No Solicitors" or similar sign or at residential premises
identified on the Township's "No Soliciting List" accompanying
the issuance of a license hereunder.
2.
Notice of the revocation of a license shall be given in writing,
setting forth specifically the grounds for revocation and advising
the licensee of the opportunity for a hearing. Such notice shall be
transmitted by certified mail, postage prepaid, to the permittee at
his last known address.
[Ord. 594, 7/1/2003, § 2]
Any person aggrieved by the action of the Chief of Police or his designee in the denial of application approval as provided in § 13-204 of this Part, or in the action of the revocation provided in § 13-209 of this Part, shall have the right to appeal to the Board of Commissioners. Such appeal shall be taken by filing with the Board, within 14 days after notice of the action complained of has been mailed to such person's last known address, a written statement setting forth fully the grounds for appeal. Aggrieved persons timely filing appeals shall be granted a hearing by the Board in accordance with the Local Agency Law, 2 Pa.C.S.A. § 751 et seq.
[Ord. 594, 7/1/2003, § 2]
All permits expire on December 31 of the year when issued unless
otherwise stated in the permit.
[Ord. 594, 7/1/2003, § 2; as amended by Ord. 652,
4/13/2011]
Any person, firm, or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
