[HISTORY: Adopted by the Borough Council of the Borough of
Larksville 1-28-1981 by Ord. No.
5-1981 (Ch. 115 of the 1987 Code). Amendments noted
where applicable.]
A.ย
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
Any person who shall engage in peddling as herein 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 Borough of Larksville, 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 to private residences or by entering in or
upon private property, within the Borough of Larksville, Luzerne County,
Pennsylvania.
Any person who shall engage in soliciting as herein defined.
B.ย
Word usage.
(1)ย
Soliciting and peddling.
(a)ย
The words "soliciting" and "peddling" shall not apply to:
[1]ย
Farmers seeking or taking orders for the sale of their own farm
products.
[2]ย
The seeking or taking of orders by any manufacturer or producer
for the sale of bread and bakery products, meat and meat products
or milk and milk products.
[3]ย
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.
[4]ย
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,[1] who procures from the prothonotary of the proper county
a certificate in pursuance of the Act of Assembly.
[1]
Editor's Note: Said 60 P.S. ยงย 61 was repealed by
1992, Nov. 24, P.L. 717, No. 108, ยงย 3.
[5]ย
The seeking or taking of orders by insurance agents or brokers
licensed under the insurance laws of the Commonwealth of Pennsylvania
for insurance.
[6]ย
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,[2] governing solicitations for charitable, benevolent, patriotic
or other purposes.
[2]
Editor's Note: The Charitable Organization Reform Act 10 P.S.
ยงย 161.1 et seq., was repealed. See now 10 P.S. ยงย 162.1
et seq., Solicitation of Funds for Charitable Purposes Act.
[7]ย
Any person taking orders for merchandise from dealers or merchants
for resale to an ultimate consumer.
[8]ย
Acts which would ordinarily be soliciting or peddling under
this chapter, engaged in by persons acting primarily for or on behalf
of a church or religion or church- or religious-related purposes where
the moneys or articles collected will go primarily for a church or
religion or church- or religious-related or -sponsored purposes or
programs and not primarily for commercial gain.
[9]ย
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 moneys or articles
collected will go primarily for the purpose of youth development or
youth aid and not primarily for commercial gain.
(2)ย
In this chapter, the singular shall include the plural, and the masculine
shall include the feminine and the neuter.
No person shall engage in soliciting or peddling in the Borough
of Larksville, Luzerne County, Pennsylvania, without first having
taken out a license as herein provided. Further, pursuant to 53 P.S.
ยงย 47901:[1]
"Every Borough shall have power, by ordinance, to regulate and
license each and every person, firm or corporation engaged in any
transient retail business within such Borough for the sale of goods,
wares or merchandise, whether such business shall be conducted from
a fixed location within the Borough or by any person or persons engaged
in peddling, soliciting or taking of orders from house to house, and
to prohibit the commencement or doing of any such business or unless
the license required by such ordinance has been procured from the
proper authorities by the person, firm or corporation desiring to
commence such transient retail business, and to enforce such ordinance
by penalties or by other appropriate means. The amount of any such
license fee shall bear a reasonable relationship to the cost of administering
such ordinance and regulating, investigating, inspecting and supervising
such transient retail business."
[1]
Editor's Note: See now 8 Pa.C.S.A. ยงย 2901 for similar
provisions.
A.ย
Every person desiring to engage in soliciting or peddling in the
Borough of Larksville, Luzerne County, Pennsylvania, shall first make
written application to the Secretary of the Borough Council for a
license. If such person shall also be required to obtain a license
from any county officer, he shall, on making such application, exhibit
a valid county license. The application shall be upon a blank provided
by the Borough Council Secretary and shall contain at least the following
information verified by oath or affirmation:
(1)ย
Full name of the applicant and local address and telephone number
if any.
(2)ย
Permanent address and telephone number.
(3)ย
Name and address and telephone number of employer or a statement
that such applicant is self-employed.
(4)ย
The nature of the goods, wares or merchandise offered for sale or
for which orders are being solicited.
(5)ย
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 or punishments imposed
thereon.
(6)ย
The type and license number of vehicles to be used, if any.
(7)ย
The precise days, dates and times during which the peddling or soliciting
shall be engaged in, by how many people and where in Larksville Borough.
(8)ย
The names, addresses and telephone numbers of two responsible citizens
who will vouch for the applicant's good character.
(9)ย
Upon request, the applicant shall furnish a photograph.
B.ย
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.
C.ย
No license under this chapter shall be transferable from one person
to another.
No license shall be issued under this chapter until the sum
of $10 shall be paid to the Borough Council Secretary for the use
of Larksville Borough. A separate application shall be filed and 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,
servants or representatives.
The license granted pursuant to this chapter shall be valid for 30 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 $10 license fee for each thirty-day period, as provided in ยงย 359-4.
Such license, when issued, shall state, inter alia, the products
to be sold, peddled or solicited or services to be rendered by the
license. Every solicitor or peddler shall, at all times when engaged
in soliciting or peddling in the Borough of Larksville, Luzerne County,
Pennsylvania, carry such license upon his person and shall exhibit
it upon request of all police officers, Larksville Borough 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
Borough Council.
No person licensed as a solicitor or peddler under this chapter
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 savings time.
A.ย
No person licensed as a solicitor or peddler under this chapter shall
intentionally park any vehicle upon any of the streets, highways or
alleys of the Borough of Larksville in order to sort, arrange, rearrange,
organize or clean any of the goods, wares, services or merchandise.
B.ย
No such person shall intentionally place or deposit any refuse on
any street, highway or alley.
C.ย
No 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 the Borough of Larksville
for any longer than necessary in order to sell therefrom to persons
residing in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter
shall occupy any fixed location upon any of the streets, the sidewalks
of the streets, highways, alleys or sidewalks of the Borough of Larksville
for the purpose of soliciting or peddling with any stand or counter.
No person licensed as a solicitor or peddler under this chapter
shall intentionally hawk or cry his wares or services upon any of
the streets or sidewalks of the Borough of Larksville; nor shall be
use any loudspeaker, amplifier, whistle or other sound device for
announcing or calling attention to his presence by which the public
is annoyed, frightened, alarmed or affronted.
The Secretary for the Borough Council shall keep a record of
all licenses issued under this chapter, and the Chief of Police shall
apply daily for a list of licenses issued hereunder since the previous
day. The Secretary for the Borough Council shall supervise the activities
of all holders of such licenses and make a written report thereof
each month to the Borough Council at the regularly scheduled Borough
meeting.
Any license issued under this chapter may be suspended at any
time by the Secretary for Borough Council for violation of any of
the provisions of this chapter 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 the Borough of Larksville. Appeals
from any suspension must be made in writing to the Borough Council
through the Borough Secretary at any time within 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 his license.
Any person who shall violate any of the provisions of this chapter
or who shall knowingly aid, abet or assist in the violation of any
of the provisions of this chapter shall, upon a first conviction thereof,
forfeit and pay a fine of $100 for said offense, together with the
costs of prosecution, and/or undergo imprisonment for not more than
30 days in the Luzerne County Prison. Any person who shall violate
any of the provisions of this chapter or who shall knowingly aid,
abet or assist in the violation of any of the provisions of this chapter
shall, upon a second and/or subsequent conviction thereof, forfeit
and pay a fine of $300 for said offense, together with costs of prosecution,
and/or undergo imprisonment for not more than 30 days in the Luzerne
County Prison, provided that each separate act of soliciting or peddling
or attempting to solicit or peddle shall be considered a separate
offense for the purpose of this chapter.