[Ord. 704, 9/17/2002, § I]
From and after the enactment of this Part, it shall be unlawful for any person who is not the holder of a valid and unexpired license issued pursuant to this Part, or otherwise exempt from this Part, to sell, purchase, or solicit the sale or purchase of food, printed matter, building and construction services, and all other services, goods, wares, or merchandise of any kind or description, or to solicit contributions, gifts or pledges of money or any other thing of value, by visiting the private homes or residences or on the public streets or highways of the Borough of Ben Avon.
[Ord. 704, 9/17/2002, § II; as amended by Ord. 752, 1/17/2012]
1. 
Any person desiring to obtain a license to engage in the activities described in § 13-101 shall make application in person to the Police Chief of the municipality providing police services to the Borough of Ben Avon, or to his or her designated employee, at the municipality's police office during the hours set for this purpose by the Police Chief.
2. 
The applicant shall supply, on a written form provided by the Borough, the following information over the applicant's signature subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities:
A. 
The applicant's name.
B. 
The applicant's place and date of birth.
C. 
The applicant's temporary address.
D. 
The applicant's residence address.
E. 
The address at which the applicant will receive notices under this Part.
F. 
The name and address of the applicant's employer or principal, if any, and the nature of the business activity thereof.
G. 
The nature of the business or activity in which the applicant wishes to engage within the Borough, being as specific as possible.
H. 
A statement as to whether the applicant has been convicted in any jurisdiction of any crime other than of minor traffic violations and, if so, of what crime or crimes and what punishment was imposed.
I. 
If a motor vehicle is to be used by the applicant to enter, leave or travel upon the streets of the Borough, the make, model, color and registration number of the motor vehicle.
J. 
The applicant shall submit to the Chief of Police a written description of the applicant and the applicant's photograph, approximately two inches by two inches in size showing the head and shoulders of the applicant in a clear and distinguishing manner.
K. 
The applicant shall submit a legible photocopy of his or her state vehicle operator's license or other state photo identification.
L. 
The applicant shall submit to the Chief of Police a criminal history report issued by the State Police within 30 days prior to submission, such report to be obtained at the applicant's expense.
[Added by Ord. 757, 11/13/2012]
3. 
The applicant shall pay a fee to the Borough in an amount as established from time to time by resolution of Borough Council.
4. 
The Police Chief shall cause a record of the application to be kept on file and made available as needed to enforce the provisions of this Part.
5. 
After submission of the completed application, the fee and the supporting evidence set forth above, the Police Chief shall cause to be made an investigation into the accuracy and completeness of the information provided in the application and the character and business responsibility of the applicant. If the information provided is correct and if the applicant's character and business responsibility are satisfactory, the Chief shall grant the application and issue the license in writing over his or her signature. If the information provided is not accurate or if the Chief finds that the applicant's character or business responsibility is unsatisfactory, the Chief shall deny the application in writing over his or her signature, stating all of the reasons therefor and shall notify the applicant at the address set forth in the application. An issued license shall entitle the licensee to engage in the activities described in § 13-101 for the period for which the appropriate fee has been paid from the date of issuance. A denied application shall entitle the applicant to appeal as set forth below.
6. 
Licensees may renew their licenses periodically by paying the fee set out in this section and by updating their applications to reflect any changes in the information they provided.
[Ord. 704, 9/17/2002, § III]
1. 
Every person to whom a license has been issued shall, in the carrying on of the licensed business activities in the Borough, comply with the following rules of conduct:
A. 
The licensee shall carry the license card at all times and exhibit it upon request to any police officer or any person upon whom he or she shall call, or with whom he or she shall talk in carrying on the licensed activities.
B. 
The licensee shall not permit any other person to have possession of the license card and shall immediately report its loss or theft to the Borough Secretary or the police. The licensee shall not cause or permit the license card to be altered or defaced. The license is personal to the applicant and may not be transferred, given or assigned to any other person.
C. 
The licensee shall not enter, or attempt to enter any dwelling house without invitation or permission of the occupant and shall immediately leave any premises upon request. The licensee shall not engage in any conduct licensed under this Part upon any premises displaying a sign prohibiting such activity.
D. 
The licensee shall not represent the license card to be an endorsement of the licensee or of his or her goods or services or of the goods or services of the principal or employer.
E. 
The licensee shall immediately surrender the license card upon revocation of the license as hereinafter provided.
F. 
Licensees are permitted to operate only during the hours of 9:00 a.m. to 9:00 p.m., local prevailing time.
[Amended by Ord. 763, 7/16/2013]
G. 
No licensee hereunder shall have the exclusive right to any location in the public streets or sidewalks, nor shall any licensee hereunder be entitled to a stationary location thereon.
H. 
Property owners 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.
[Added by Ord. 757, 11/13/2012]
I. 
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.
[Added by Ord. 757, 11/13/2012]
J. 
The Chief of the Police Department serving the Borough 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 license issued under this Part.
[Added by Ord. 757, 11/13/2012]
K. 
No licensee shall solicit at any private residences that are included on the No Soliciting List.
[Added by Ord. 757, 11/13/2012]
[Ord. 704, 9/17/2002, § IV]
1. 
Any license hereafter issued may be revoked by the Borough Council after notice and a hearing for any of the following reasons:
A. 
Upon failure of the licensee to comply with the standards of conduct established by § 13-103 hereof.
B. 
For fraud, material misrepresentation or false statement in the application for license hereunder.
C. 
For any violation of this Part.
D. 
For conviction of any crime or misdemeanor involving moral turpitude.
E. 
Conducting business 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 welfare of the public.
2. 
Notice of a hearing shall be given in writing setting forth the grounds for revocation. Notice shall be personally served or sent by registered mail to the address designated for this purpose in the application for license. Notice shall be given at least seven days prior to the hearing. Any person subject to a license revocation hearing shall be entitled to appear, with or without counsel, and offer documentary and witness evidence.
[Ord. 704, 9/17/2002, § V; as amended by Ord. 752, 1/17/2012]
Any person aggrieved by the action of the Chief of Police in denying a license may appeal to the Borough Council by written application setting forth the grounds for the appeal and filed within 14 days after notice of the action complained of has been mailed to the address set forth in the application. Application for appeal shall be accompanied by an appeal fee in an amount as established, from time to time, by resolution of Borough Council. Borough Council shall set a time and place for the hearing and notice of the hearing shall be given to the applicant by writing mailed to the address set forth on the application.
[Ord. 704, 9/17/2002, § VI]
1. 
The following persons shall not be charged a fee for the license described in § 13-103:
A. 
Persons soliciting contributions on behalf of organizations or non-profit corporations exempted from the provisions of, or duly registered pursuant to, the Act of December 19, 1990, P.L.1200, 10 P.S. § 162.1 et seq. (The Solicitation of Funds for Charitable Purposes Act), as amended; who, while soliciting, are possessed of a card or other evidence of their appointment or authority to solicit for said organization or corporation.
B. 
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 13-101 hereof, when so engaged; including, without limitation, real estate, insurance or securities brokers and salespersons.
[Ord. 704, 9/17/2002, § VII]
1. 
The following persons shall not be required to obtain a license described in § 13-102, but shall be required to conform their conduct to the provisions of § 13-103 when engaged in activities set forth in § 13-101:
A. 
All persons who are 18 years of age or under who are otherwise engaged in activity regulated by this Part on behalf of:
(1) 
All persons, organizations or non-profit corporations granted tax-exempt status under § 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-514), 26 U.S.C. § 501(c)(3).
(2) 
All persons, organizations or nonprofit corporations exempt from the registration requirements of the Act of December 19, 1990, P.L. 1200, 10 P.S. § 162-6 (the Solicitation of Funds for Charitable Purposes Act), provided that the conditions of § 162.6 are met.
[Ord. 704, 9/17/2002, § IX]
1. 
Borough Council hereby declares its intention that this Part shall apply only to commercial conduct and speech and the solicitation of money or other things of value. This Part is specifically not intended to, and shall not be interpreted to:
A. 
Limit or affect constitutionally-protected pamphleteering, political or religious speech or conduct.
B. 
Apply to persons selling wholesale to dealers in such goods.
C. 
Apply to merchants or their employees delivering goods or services in the regular course of business.
D. 
Apply to any manufacturer or producer in the sale of bread and bread products, meat and meat products and milk and dairy products.
E. 
Prohibit any sale required by statute or order of court.
F. 
Prevent any licensed auctioneer from conducting a bona fide auction sale subject to the auctioneer's law.
[Ord. 704, 9/17/2002, § X; as amended by Ord. 752, 1/17/2012]
Any person who shall violate any provision of this Part shall, upon conviction thereof, shall be sentenced to 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 or each section of this Part which shall be found to have been violated shall constitute a separate offense.