[HISTORY: Adopted by the Borough Council of the Borough of Adamstown 4-7-1981 by Ord. No. 192 (Ch. 13, Part 1, of the 1990 Code of Ordinances). Amendments noted where applicable.]
It shall be unlawful for any individual to solicit funds, peddle, canvass or take orders either by sample or otherwise for any goods, wares or merchandise upon any street, alley, sidewalk or public place or from house to house in the Borough of Adamstown, Berks County and Lancaster County, Pennsylvania, without first obtaining a license as provided herein; except that no license shall be required from the following:
A. 
Farmers selling their own products;
B. 
Persons soliciting funds or selling goods, wares or merchandise donated by the owner thereof, where the funds or the proceeds of sale are to be applied exclusively for a charitable or philanthropic purpose;
C. 
Representatives and members of Boy Scouts of America, Girl Scouts of America, Lions, Rotary, Kiwanis, American Association of Retired Persons, Disabled American Veterans, YWCA and YMCA, YWHA and YMHA, Red Cross, Salvation Army and other national and international service organizations and associations existing for the benefit of young, aged, handicapped or stricken persons and soliciting or selling for the purpose of self-perpetuation and which may be registered as charitable organizations with the state or federal government;
D. 
Manufacturers or producers of bread and baking products, meat and meat products, or milk and milk products, who sell their own products;
E. 
Insurance and real estate agents and brokers licensed by the Commonwealth of Pennsylvania;
F. 
Schoolchildren selling goods, wares or merchandise, where the funds or proceeds of sales are to be applied exclusively for a function or organization sponsored or approved by the school which such children attend;
G. 
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, § 1, as amended, 60 P.S. § 61,[1] who procures from the prothonotary of any county in this commonwealth a certificate in compliance with said Act of Assembly; and
[1]
Editor's Note: Repealed Nov. 24, 1992, P.L. 717, No. 108, § 3.
H. 
Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.
A. 
Every individual desiring to engage in those acts prohibited in § 196-1 of this chapter and not exempted thereby must obtain a license from the Mayor of the Borough of Adamstown or, in the case of the Mayor's unavailability, from the President of Borough Council.
B. 
To obtain a license, individuals must complete a written application, which shall contain such information as is reasonably required by the Borough of Adamstown; shall pay a license fee as hereinafter provided; and shall, if requested, permit the Police Department which furnishes police services to the Borough of Adamstown to photograph the individual for the purpose of personal identification.
C. 
Following the completion of such application and the payment of the license fee, the Mayor or, in the case of the Mayor's unavailability, the President of Borough Council shall have 72 hours to investigate the applicant and to grant or deny the license.
D. 
The Mayor of Adamstown or, in the case of the Mayor's unavailability, the President of Borough Council may refuse to issue a license where investigation shall disclose a criminal record or any false or misleading statement on the application. The appeal on refusal to issue a license shall be made within 10 days to the Borough Council of Adamstown by filing written notice of appeal with the Secretary of the Borough of Adamstown. The Council shall thereafter hold a hearing and render a decision on the refusal to issue a license pursuant to the provisions of the Act of Assembly of the Commonwealth of Pennsylvania known as the "Local Agency Law."[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
E. 
The Mayor or, in the case of the Mayor's unavailability, the President of Borough Council is hereby authorized to suspend or revoke any license issued under this chapter when he deems such suspension or revocation to be in the interest of the public health, safety or morals, or for the violation of any of the provisions of this chapter, or for giving false information upon any application for license. Appeals from any suspension or revocation may be made in the manner outlined in Subsection D of this section.
F. 
The license shall be dated and be signed by the Mayor or, in the case of the Mayor's unavailability, the President of Borough Council and shall be valid for the period of time desired by the applicant, not to exceed 30 days. The license shall be in the individual's possession while engaged in solicitation and shall be exhibited upon request to all police officers, Borough officials and residents of the Borough of Adamstown.
G. 
The license shall permit an individual to engage in the acts described in § 196-1 of this chapter only between the hours of 9:00 a.m. and 5:00 p.m., except by prior appointment, Monday through Saturday.
H. 
No license issued under this chapter shall be transferable from one person to another.
[Amended 10-2-1990 by Ord. No. 244]
No license shall be issued under this chapter until a sum, as established from time to time by resolution, shall be paid to the Borough. A separate application shall be filed and a separate license 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.
[Amended 10-2-1990 by Ord. No. 244]
The license granted pursuant to this chapter shall be valid for 30 days after the date such license is issued 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 license and pay a new license fee. Such licenses may be issued in advance for consecutive thirty-day periods not exceeding six in number upon payment in advance of a fee as established from time to time by resolution for each thirty-day period.
[Amended 10-2-1990 by Ord. No. 244]
Any person violating the provisions of this chapter shall, upon conviction thereof, be fined not less than $25 nor more than $600 and costs or, in default of the payment of such fine and costs, shall undergo imprisonment for a period not to exceed 30 days. Each day for which a violation of this chapter continues shall constitute a separate offense and shall be punishable as such.