Township of Scott, PA Peddling and Soliciting

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 public highways, streets or sidewalks or from house to house or by visitation to private residences or by entering in or upon private property within the Township.

SOLICITING

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 entering in or upon private property, except at the request of the property owners, within the Township.

SOLICITOR

Any person engaged in the act of soliciting, as defined within this section.

TOWNSHIP

Scott Township, Columbia County, Pennsylvania.

§ 96-3 Applicability.

This chapter shall not apply, and no license fee shall be charged to:

Farmers seeking or taking orders for the immediate sale of their own products.

Persons taking orders for merchandise from dealers, distributors, manufacturers or merchants for resale to an ultimate consumer, dealer or distributor.

Any school student attending any school district serving the Township.

Organizations which solicit only within the membership of the organization by the members thereof.

The sale of goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.

Any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.

Children under the age of 18 years who take orders for and deliver newspapers, greeting cards, candy, bakery products and the like or who represent the Boy Scouts or Girl Scouts or similar organizations.

The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania.

Any person who has complied with the provisions of the Solicitation of Charitable Funds Act, August 9, 1963, P.L. 628, 10 P.S. § 61 (1982),[1] hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania, and who procures from the Prothonotary a certificate in pursuance of the Act of 1867.

[1]

Editor's Note: Said Act has been repealed and replaced; see now 10 P.S. § 162.1 et seq., the Solicitation of Funds for Charitable Purposes Act.

Providing estimates for the repair, remodeling or construction of properties; provided, however, that the contractor providing the estimate is initially contacted by the property owner and requested to provide an estimate.

§ 96-4 License required.

[Amended 10-10-1995 by Ord. No. 1-1995]

No person shall engage in soliciting or peddling in the Township without first having obtained a license as provided in this chapter.

§ 96-5 Application for license.

[Amended 10-10-1995 by Ord. No. 1-1995]

Every person desiring to engage in soliciting or peddling in the Township shall first make application to the Township Secretary for a license. The application shall be made on a form provided by the Township and shall contain the following information:

(1)

The full name, address and telephone number of the applicant.

(2)

The name, address and telephone number of the employer or a statement that such applicant is self-employed.

(3)

The nature of the goods, wares, services or merchandise offered for sale and the manner in which it will be offered.

(4)

A 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 imposed.

(5)

The type and license number of vehicle to be used, if any.

(6)

The length of time for which the license is to be issued.

Where an individual makes application for himself and one or more other individuals, all applicable personal information specified above shall be given for each individual and verified or affirmed by oath or affirmation by the individual to be licensed. An individual license shall be required for each solicitor or peddler. No license under this chapter shall be transferable from one individual to another.

§ 96-6 License fee.

No person shall engage in any transient retail business or engage in any peddling or soliciting within the Township without first having obtained from the Scott Township Secretary a license for which a fee shall be charged, which shall be established pursuant to a resolution of the Board of Supervisors.[1]

[1]

Editor's Note: The current fee schedule is on file in the administrative offices of the Township.

§ 96-7 License provisions.

The 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 Township carry the license upon his person and shall exhibit it upon request to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any products or services not mentioned on such license.

§ 96-8 Prohibited acts.

[Amended 10-10-1995 by Ord. No. 1-1995]

No person licensed to engage in peddling or soliciting within the Township shall:

Sell any product or type of product not mentioned in his license.

Hawk or cry his wares upon any of the streets, alleys, sidewalks or public grounds in Scott Township, Columbia County, Pennsylvania.

When operating from a vehicle, stop or park such vehicle upon any of the streets or alleys in Scott Township, Columbia County, Pennsylvania, for longer than necessary in order to sell therefrom to persons residing or working in the immediate vicinity.

Park any vehicle upon any of the streets or alleys in the Township for the purpose of sorting, rearranging or cleaning any of his goods, wares or merchandise or of disposing of any carton, wrapping material or stock, wares or foodstuffs which have become unsalable through handling, age or otherwise.

Engage in any business activity, except by prior appointment, at any time before 9:00 a.m. or after 8:00 p.m.

§ 96-9 Supervision; records; reports.

The Scott Township Secretary shall supervise the activities of all persons holding licenses under this chapter. He shall keep a record of all licenses hereunder and shall make a report thereof each month to the Board of Supervisors.

§ 96-10 Denial, suspension and revocation of license; appeal.

The Scott Township Secretary is hereby authorized to deny, suspend or revoke any license issued under this chapter when he deems such denial, suspension or revocation to be beneficial to the public health, safety or morals or for violation of any provision of this chapter or for giving false information upon any application for a license hereunder. Appeals from any suspension, revocation or denial of a license may be made to the Board of Supervisors at any time within 10 days after such suspension, revocation or denial, and a hearing shall be held within 30 days of the petition for appeal. No part of a license fee shall be refunded to any person whose license shall have been suspended or revoked.

§ 96-11 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for not more than 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.