From and after the enactment of this chapter, it shall be unlawful
for any person who is not the holder of a valid and unexpired license
issued pursuant to this chapter, or otherwise exempt from this chapter,
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 streets or highways
of the Borough of Glen Osborne.
Every person to whom a license has been issued shall, in the
carrying on of the licensed business activities in the Borough of
Glen Osborne, 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 Secretary of the Borough of Glen Osborne or to 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 chapter 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 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 Monday through Saturday between
the hours of 9:00 a.m. and 8:00 p.m. local prevailing time. There
shall be no soliciting under this chapter at any time on Sundays or
on any holiday on which the Allegheny County courts are closed.
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.
Any person aggrieved by the action of the Borough Secretary
in denying a license may appeal to the Borough of Glen Osborne 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 of $100. The Borough of Glen
Osborne shall set a time and place for the hearing. Notice of the
hearing shall be given to the applicant by writing mailed to the address
on the application.
The following persons shall not be required to conform their conduct to the provisions of §
99-3 when engaged in activities set forth in §
99-1:
A. Persons soliciting contributions on behalf of organizations or nonprofit
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 Purpose 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 §
99-1 hereof, when so engaged; including, without limitation, real estate, insurance or securities brokers and salespersons.
The following persons shall not be required to obtain a license described in §
99-2, but shall be required to conform their conduct to the provisions of §
99-3 when engaged in activities set forth in §
99-1:
A. All persons who are 18 years of age or under who are otherwise engaged
in activity regulated by this chapter on behalf of:
(1) All persons, organizations or nonprofit corporations granted tax-exempt
status under Section 501(c)(3) of the Internal Revenue Code of 1986
(Public Law 99-154), 26 U.S.C. § 501(c)(3); and
(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 the conditions of § 162.6 are met.
If any section, provision or part of this chapter shall be held
unconstitutional, such unconstitutionality shall not affect the validity
of the remaining sections, provisions or parts of this chapter. The
Borough of Glen Osborne hereby declares that it would have enacted
and ordained the remaining sections, provisions or parts of this chapter
if it had known that such sections, provisions or parts thereof would
be declared unconstitutional.
The Borough of Glen Osborne hereby declares its intention that
this chapter shall apply only to commercial conduct and speech and
the solicitation of money or other things of value. This chapter is
specifically not intended to, and shall not be interpreted to:
A. Limit or affect the 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. Prohibit any sale required by statute or order of court;
E. Prevent any licensed auctioneer from conducting a bona fide auction-sale
subject to the auctioneer's law.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof before a District Magistrate, be subject to
a penalty or fine of not more than $500, together with costs of prosecution
for each such violation and in default of the payment of the fine
and costs of prosecution, shall be committed to the county jail for
a period not to exceed 30 days. Each day that any person, firm, organization
or corporation engages in conduct in violation of this chapter shall
constitute a separate offense.