[Ord. 1-1975, 4/1/1975, § 1]
1.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
Definitions.
Any person who shall engage in peddling as hereinabove 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, from house to house,
by visitation to private residences, or by entering in or upon private
property within the Township of Hunlock, Luzerne County, Pennsylvania.
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, from house
to house, by visitation in private residences, or by entering in or
upon private property, within the Township of Hunlock, Luzerne County,
Pennsylvania.
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
3.
Exceptions:
The words "soliciting" and "peddling" shall not apply to:
A.
Farmers
seeking or taking orders for the sale of their own farm products.
B.
The seeking
or taking of orders from any manufacturer or producer for the sale
of bread and bakery products, meat and meat products or milk and milk
products.
C.
The sale
of goods, wares and merchandise donated by the owner(s) thereof, the
proceeds whereof are to be applied to any charitable or philanthropic
purpose.
D.
Any honorably
discharged soldier, sailor or marine of the military service who complies
with the Act of Assembly of the Commonwealth of Pennsylvania of 1867,
April 8, P.L. 50, as amended, who procures from the Prothonotary of
the proper county a certificate in pursuance of the Act of the Assembly;
E.
The seeking
or taking of orders by insurance agents or brokers, licensed under
the insurance laws of the Commonwealth of Pennsylvania for insurance;
F.
Persons,
corporations, partnerships and associations, their agents or employees,
who have complied with the provisions of the Act of Assembly of the
Commonwealth of Pennsylvania of 1935, P.L. 644, as amended, governing
solicitations for charitable, benevolent, patriotic or other purposes;
or
G.
Any person
taking orders for merchandise from dealers or merchants, for resale
to an ultimate consumer.
H.
Acts
which would ordinarily be soliciting or peddling under this chapter
engaged in by persons acting primarily for or on behalf of church,
religious or religious related purposes where the monies or articles
collected will go primarily for church or religious related or sponsored
purposes or programs and not primarily for commercial gain.
I.
Acts
which would ordinarily be soliciting or peddling under this chapter
engaged in by persons acting primarily for or on behalf of a youth
development or youth aid group where the monies or articles collected
will go primarily for the purposes of youth development or youth aid
and not primarily for commercial gain.
[Ord. 1-1975, 4/1/1975, § 2]
No person shall engage in soliciting or peddling in the Township
of Hunlock, Luzerne County, Pennsylvania, without first having taken
out a license as herein provided. Further, pursuant to 53 P.S. 66801:
"Every person, whether principal or agent, entering into, beginning,
or desiring to begin, a transient retail business in Hunlock Township
for the sale of any goods, wares, or merchandise whatsoever, and who
hires, leases, occupies, or uses any room, apartment, store, shop,
building, railway car or other place or structure for the exhibition
and sale of such goods, wares or merchandise, shall take out a license
for the same under the provisions and subject to the penalties of
this chapter, provided, however, that nothing herein contained shall
apply to farmers selling their own produce, or to any sale of goods,
wares, or merchandise, donated by the owners thereof, the proceeds
whereof are to be applied to any charitable or philanthropic purpose."
[Ord. 1-1975, 4/1/1975, § 3]
1.
Every person desiring to engage in soliciting or peddling in the
Township of Hunlock, Luzerne County, Pennsylvania, shall first make
written application to the Secretary of the Board of Supervisors for
a license. If such person shall also be required to obtain a license
from any County office, he shall, on making such application, exhibit
a valid County license. The application shall be upon a blank provided
by the Hunlock Township Secretary and shall contain at least the following
information:
A.
Full name of the applicant and local address and telephone number,
if any.
B.
Permanent address and telephone number.
C.
Name and address and telephone number of employer or a statement
that such applicant is self-employed.
D.
The nature of the goods, wares, services, or merchandise offered
for sale or for which orders are being solicited.
E.
Statement as to whether or not the applicant has ever been convicted
of any crime, and if the answer is in the affirmative, the nature
of the offense or offenses and the punishment or punishments imposed
thereon.
F.
The type and license number of vehicles to be used, if any.
G.
Upon request, the applicant shall furnish a photograph.
H.
The precise days, dates and times during which the peddling or soliciting
shall be engaged in and by how many people, and where in Hunlock Township.
I.
The names, addresses and telephone numbers of two reputable citizens
who will vouch for the applicant's good character.
2.
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 or affirmed 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. 1-1975, 4/1/1975, § 4; as amended by Ord.
1/18/2001G, 1/18/2001, § 104]
No license shall be issued under this Part until the sum of
$25 shall be paid to the Hunlock Township Secretary for the use of
Hunlock Township. A separate permit fee shall be paid by each person
who shall actually conduct, assist or aid in the soliciting or peddling,
and shall apply where an employer desires to secure licenses for his
employees, agents or servants or representatives.
[Ord. 1-1975, 4/1/1975, § 5; as amended by Ord.
1/18/2001G, 1/18/2001, § 105]
The license granted pursuant to this Part shall be valid for 14 days after the date of issuance 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 license may be issued, in advance, for consecutive thirty-day periods not exceeding 12 in number, upon payment, in advance of the $25 license fee for each fourteen-day period provided in § 13-104.
[Ord. 1-1975, 4/1/1975, § 6]
Such license, when issued, shall state, inter alia, the products
to be sold, peddled or solicited, or services to be rendered by the
licensee. Every solicitor or peddler shall at all times, when engaged
in soliciting or peddling in Hunlock Township, Luzerne County, Pennsylvania,
carry such license upon his person and shall exhibit it upon request
of all police officers, Hunlock Township officials and citizens. No
solicitor or peddler shall engage in soliciting or peddling any products
or services not mentioned on such license, and on the application
form initially submitted to the Secretary of the Hunlock Township
Board of Supervisors.
[Ord. 1-1975, 4/1/1975, § 7]
No person licensed as a solicitor or peddler under this Part
shall engage in soliciting or peddling on any day of the week before
9:00 a.m. or after 5:00 p.m., during the time of the year when Eastern
Standard Time is effective. The aforesaid hours shall be Eastern Standard
Time, and during the time of the year when Daylight Saving Time is
effective, the aforesaid hours shall be Daylight Saving Time.
[Ord. 1-1975, 4/1/1975, § 8]
No person licensed as a solicitor or peddler under this Part
shall intentionally park any vehicle upon any of the streets, highways
or alleys of the Township of Hunlock in order to sort, arrange, rearrange,
organize or clean any of his goods, wares, services or merchandise.
No such person shall intentionally place or deposit any refuse on
any such streets, highways or alleys. (No such person shall intentionally
maintain or keep a street or curbstone market, that is to say no person
shall intentionally park any vehicle, cart, wagon or stand upon any
street or alley in Hunlock Township for any longer than necessary
in order to sell therefrom to persons residing in the immediate vicinity.)
[Ord. 1-1975, 4/1/1975, § 9]
No person licensed as a solicitor or peddler under this Part
shall occupy any fixed location upon any of the streets, the sidewalks
or the streets, highways, alleys or sidewalks of Hunlock Township
for the purpose of soliciting or peddling with or without any stand
or counter.
[Ord. 1-1975, 4/1/1975, § 10]
No person licensed as a solicitor or peddler under this Part
shall intentionally hawk or cry his wares or services upon any of
the streets or sidewalks of Hunlock Township, nor shall be use any
loud speaker, amplifier, whistle or other sound device for announcing
or calling attention to his presence by which the public is annoyed,
frightened, alarmed or affronted.
[Ord. 1-1975, 4/1/1975, § 11; as amended by Ord.
85-1, 3/5/1985]
The Secretary of Hunlock Township shall keep a record of all
licenses issued under this Part. The Secretary of Hunlock Township
shall supervise the activities of all holders of such licenses, and
make a written report thereof each month to the Board of Supervisors
of Hunlock Township at the regularly scheduled Township meeting.
[Ord. 1-1975, 4/1/1975, § 12]
Any license issued under this Part may be suspended at any time
by the Secretary of Hunlock Township for violation of any of the provisions
of this Part, or for the giving of false or misleading information
on any application for a license hereunder or for the applicant or
licensee having been convicted of a crime involving moral turpitude
after issuance of such license or for the licensee having been convicted
of disorderly conduct under any law of the Commonwealth of Pennsylvania
or any ordinance of Hunlock Township. Appeals from suspension must
be made in writing to the Board of Supervisors of Hunlock Township
through the Township Secretary at any time within the 10 days after
notice of such suspension to the licensee. No part of a license fee
shall be refunded to any person whose license shall have been suspended.
Notice of suspension may be given in any manner reasonably calculated
to apprise the licensee of the suspension of the license.
[Ord. 1-1975, 4/1/1975, § 14; as amended by Ord.
85-1, 3/5/1985; and by Ord. 2-1997, 8/28/1997]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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.
