[Ord. No. 294, 7/21/1982, § 1]
As used in this Part, the following terms shall have the meanings
indicated:
Any amusement machine or device operated by means of the
insertion of a coin, token, or similar object, for the purpose of
amusement or skill and for the playing of which a fee is charged.
The term does not include vending machines in which are not incorporated
gaming or amusement features, nor does the term include any coin-operated
mechanical musical devices.
Any person, firm, corporation, partnership or association
who sets up for operation by another or leases or distributes for
the purpose of operation by another, any device as herein defined,
whether such setting up for operation, leasing or distributing be
for a fixed charge or rental, or on the basis of a division of the
income derived from such device, or otherwise.
Any person, firm, corporation, partnership, association or
club who, as the owner, lessee, or proprietor has under his or its
control any establishment, place or premises in or at which such device
is placed or kept for use or play, or on exhibition for the purpose
of use or play.
[Ord. No. 294, 7/21/1982, § 2]
No person, firm, or corporation shall engage in the business
of an operator or proprietor of an establishment containing coin-operated
amusement devices, as the terms are herein defined, without first
having obtained the proper license therefor.
[Ord. No. 294, 7/21/1982, § 3; as amended by Ord.
No. 310, 3/19/1986, § 4; by Ord. No. 320, 1/20/1988, § 1;
and by Ord. No. 338, 10/18/1989, § 2]
Effective immediately, an annual license for each operator for
each device of the kind and character hereinabove defined shall be
imposed at a rate as set from time to time by resolution of the Borough
Council and providing that said fee shall be payable to the Borough.
[Ord. No. 294, 7/2/1982, § 4]
It shall be unlawful for any person, firm, or corporation, to
install, operate, or maintain such device without first having obtained
the license from the Secretary of the Borough. The license period
shall be the same as the calendar year or any part thereof. All license
fees shall be paid annually in January of each year, and for the first
year, i.e., 1982, in which this Part is effective, the above license
fee for each said device shall be paid prior to the installation or
use of any coin-operated amusement device, after the effective date
of this Part. In no case shall any portion of the said license fee
be repaid to the licensee in the event that the device is removed.
[Ord. No. 294, 7/21/1982, § 5]
1.
Application for license hereunder shall be filed with the Secretary
of the Borough of Hatfield, in writing, and shall specify:
A.
The name and address of the applicant, and if a firm, corporation,
partnership or association, the principal officers thereof and their
addresses.
B.
The address of the premises where the licensed device or devices
are to be operated, together with the character of the business as
carried on at such place.
C.
The trade name and general description of the device or devices to
be licensed, the name of the manufacturer and the serial number and,
if the applicant is a proprietor, the number of devices to be licensed.
D.
The name and address of the operator of the device, or devices, if
other than the proprietor.
2.
The proper license fee shall accompany such application. All licenses
under this Part shall expire on December 31 following their issuance.
The license shall be posted in a conspicuous place in the establishment
of the licensee. Such, license shall be nonassignable and nontransferable,
and shall apply only to the premises for which the license is issued.
All license renewals and applications therefor shall be referred to
the Secretary of the Borough of Hatfield who shall make or cause to
be made such investigation as he or she deems necessary for the reissuance
of said license. Upon being satisfied as to the propriety thereof,
the Secretary of the Borough shall issue said renewal license.
[Ord. No. 294, 7/21/1982, § 6]
In case a proprietor licensed under the provisions of this Part
desires, after the expiration of any portion of any license year,
to increase the number of devices to be used or played, or exhibited
for use or play in his establishment, he shall surrender his license
to the Borough Secretary who shall issue a new license showing the
number of devices licensed hereunder, upon payment of the proper license
fee therefor.
[Ord. No. 294, 7/21/1982, § 7]
All devices shall, at all times, be kept in plain view of any
person or persons who may frequent or be in any place where such devices
are kept or used. Nothing in this Part shall be construed to authorize,
or permit or license any gambling device of any nature whatsoever.
[Ord. No. 294, 7/21/1982, § 8]
The proper officials and employees of the Borough are hereby
authorized and directed to make and keep such records, prepare such
forms, and to take such other measures as may be deemed necessary
or convenient to carry this Part into effect.
[Ord. No. 294, 7/21/1982, § 9; as amended by Ord.
No. 357, 10/16/1991, § 13-109; and by Ord. No. 501, 8/15/2012]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 536, 4/15/2020[1]]
As used in this Part, the following terms shall have the meanings
indicated:
1.
PEDDLER
PEDDLING
PERSON
SOLICITING
A.
B.
C.
D.
E.
F.
SOLICITOR
As used in this Part, the following terms shall have the meanings
indicated:
Any person who shall engage in peddling as herein defined.
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 said Borough of Hatfield (the "Borough").
Any natural person, association, partnership, firm, organization
or corporation.
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 visitation to private residences; or by entering in
or upon private property within the Borough and shall further mean
the seeking or taking of contracts or orders for home or other building
repairs; improvements and alterations; and also orders or contracts
for any mechanical, electrical, plumbing or heating device or equipment
for houses; or other building improvements or repairs upon or from
the places aforesaid within the said Borough. Soliciting shall also
be deemed to include any and all vending trucks doing business within
the Borough. The words "soliciting" and "peddling" shall not apply:
To farmers seeking or taking orders for the sale of their own
products.
To the seeking or taking of orders by any manufacturer or producer
with a principal place of business within the Borough, for the sale
of bread, bakery products, meat products, milk or milk products. In
addition, the words "soliciting" and "peddling" shall not apply to
any owner or employee of a mobile catering service selling such items
as cigarettes and food products to small industries or construction
businesses where the permission has been granted to conduct said activity
by the management of industry or construction workers involved therein.
To the sale of goods, wares and merchandise donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purposes.
To the seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania
for insurance.
To persons, corporations, partnerships and associations, their
agents or employees, who have complied with the provisions of the
Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1
et seq., governing solicitations for charitable, benevolent, patriotic
or other purposes.
To any person taking orders for merchandise from dealers or
merchants for resale to an ultimate consumer.
Any person who shall engage in soliciting as hereinabove
defined.
2.
In this Part, the singular shall include the plural and the masculine
shall include the feminine and the neuter.
[1]
Editor's Note: This ordinance also superseded former Ch. 13,
Pt. 2, Soliciting and Peddling, adopted by Ord. No. 397, 9/24/1997,
as amended.
[Ord. No. 536, 4/15/2020]
No person shall engage in soliciting or peddling in the Borough
without first having taken out a license as herein provided.
[Ord. No. 536, 4/15/2020]
1.
Every person desiring to engage in soliciting or peddling in the
Borough shall first make application to the Police Department of Hatfield
Township for a license. If such person shall also be required to obtain
a license from any county officer, he shall, on making such application,
exhibit a valid county license. The said application shall be upon
a form provided by the Police Department and shall contain at least
the following information verified by oath or affirmation:
A.
Full name of the applicant and local address, if any.
B.
Permanent address.
C.
Name of employer or a statement that such applicant is self-employed.
D.
The nature of the goods, wares, services or merchandise offered for
sale.
E.
A Criminal History Request Form (SP-164) completed by the Pennsylvania
State Police Central Repository or a Criminal History Record from
the Pennsylvania Access to Criminal History (PATCH) System obtained
at the applicant's own cost.
F.
The type of vehicle to be used, if any.
G.
Upon request, the applicant shall also submit to fingerprinting and
furnish a photograph, provided:
(1)
Where a person makes application for himself and one or more
helpers, all applicable personal information specified above shall
be given for each helper and verified by oath or affirmation by him,
and an individual license shall be required for each helper. No license
under this Part shall be transferable from one person to another.
[Ord. No. 536, 4/15/2020]
Licenses shall be issued under this Part for an initial period
of a minimum of 30 days for an amount to be established by resolution
from time to time by the Borough Council, which shall be paid to the
Borough and shall be for the use of the Borough. Subsequent license
renewals may be made for periods of 30 days at a rate to be established
by resolution from time to time by the Borough Council. A separate
application shall be filed, and a separate permit fee shall be paid
by each person who shall actually conduct the soliciting or peddling
and shall apply where an employer desires to secure licenses for his
employees, agents or servants.
[Ord. No. 536, 4/15/2020]
The license granted pursuant to this Part shall be valid for 30 days after the date of such license, and upon the expiration of any license, if the person holding the same shall desire to continue or renew soliciting or peddling, he shall be required to file a new application for a permit and pay a new license fee. Such licenses may be issued in advance, for consecutive thirty-day periods, not exceeding 12 in number, upon payment, in advance, of a fee to be established by resolution from time to time by the Borough Council as provided in § 13-204.
[Ord. No. 536, 4/15/2020]
Such license, when issued, shall state, inter alia, the products
to be sold or services to be rendered by the licensee. Every solicitor
or peddler shall, at all times when engaged in soliciting or peddling
in the Borough, carry such license upon his person and shall exhibit
it upon request to all police officers, Borough officials and citizens.
No solicitor or peddler shall engage in selling any product or service
not mentioned on such license.
[Ord. No. 536, 4/15/2020]
Any person licensed as a solicitor or peddler under this Part
may engage in soliciting or peddling on any day of the week between
9:00 a.m. and 7:00 p.m.
[Ord. No. 536, 4/15/2020]
No person licensed as a solicitor or peddler under this Part
shall park any vehicle upon any of the streets, highways or alleys
of the Borough in order to sort, rearrange or clean any of his goods,
wares, services or merchandise; nor shall any such person place or
deposit any refuse on any such street, highway or alley; nor shall
any person maintain or keep a street or curbstone market by parking
any vehicle upon any street or alley in the Borough for longer than
necessary in order to sell therefrom to persons residing in the immediate
vicinity.
[Ord. No. 536, 4/15/2020]
No person licensed as a solicitor or peddler under this Part
shall occupy any fixed location upon any of the streets, highways,
alleys or sidewalks of the Borough for the purpose of soliciting or
peddling with or without any stand or counter.
[Ord. No. 536, 4/15/2020]
The Police Department of Hatfield Township, which acts as the
Borough's police, shall keep a record of all licenses issued under
this Part. The Chief of Police shall supervise the activities of all
holders of such licenses.
[Ord. No. 536, 4/15/2020]
Any license issued under this Part may be suspended or revoked
and any application may be denied at any time by the Police Department,
upon information being furnished to said Police Department that the
application for the license contained false information or that the
applicant or licensee was convicted of a crime or that the licensee
was convicted of disorderly conduct under any law of the Commonwealth
of Pennsylvania or any ordinance of the Borough of Hatfield.
[Ord. No. 536, 4/15/2020]
No person licensed as a solicitor or peddler under this Part
shall hawk or cry his wares or services upon any of the streets or
sidewalks of the Borough, nor shall he use any loud speaker, bell,
whistle or other device for announcing his presence by which the public
is annoyed.
[Ord. No. 536, 4/15/2020]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
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 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. No. 536, 4/15/2020]
Where the provisions of this Part are inconsistent with the
provisions of any other ordinance or regulation, the provisions of
this Part shall prevail. To the extent that any prior ordinance or
regulation is inconsistent with the provisions of this Part, said
prior ordinance or regulation is hereby revoked and rescinded.
[Ord. No. 536, 4/15/2020]
1.
The Police Department of the Township of Hatfield, which acts as
the Borough's Police Department, shall maintain a periodically updated
Do Not Knock List of Township and Borough residents who have told
the police that they do not wish to have any person, entity or association
appear at their residence at any time to sell or offer for sale any
good, ware, commodity, merchandise or service to any person located
therein.
2.
The Chief of Police, or his designee, shall keep a record of those
who have said they wish to be listed on the Do Not Knock List.
3.
The Police Chief, or his designee, shall promulgate regulations for
the management of the Do Not Knock List, the distribution of the Do
Not Knock List to peddling and soliciting licensees; notice and access
of the Do Not Knock List regulations on the Township's and the Borough's
website; and enforcement procedures for violations of the Do Not Knock
regulations.
4.
Persons, entities, or associations who sell, or offer for sale, any
good, ware, commodity, merchandise or service to a person, or at an
address on the Do Not Knock List, shall be in violation of this chapter,
and, in addition to all other penalties set forth in this chapter,
shall have his/her/its peddling and soliciting license immediately
revoked.
