Borough of Larksville, PA Chapter 359 Peddling and Soliciting

[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.]

§ 359-1 Definitions; word usage.

A. Terms defined. As used in this chapter, the following terms shall have the meanings indicated:

PEDDLER

Any person who shall engage in peddling as herein defined.

PEDDLING

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.

PERSON

Any natural person, association, partnership, firm, organization or corporation.

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, 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.

SOLICITOR

Any person who shall engage in soliciting as herein defined.

B. Word usage.

(1) Soliciting and peddling.

(a) The words "soliciting" and "peddling" shall not apply to:

[1] Farmers seeking or taking orders for the sale of their own farm products.

[2] 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] 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] 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[1] Editor's Note: Said 60 P.S. § 61 was repealed by 1992, Nov. 24, P.L. 717, No. 108, § 3.

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

[6] 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. § 161.1 et seq., was repealed. See now 10 P.S. § 162.1 et seq., Solicitation of Funds for Charitable Purposes Act.

[7] Any person taking orders for merchandise from dealers or merchants for resale to an ultimate consumer.

[8] 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] 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.

(b) Any person(s) seeking to assert an exemption or exception under the provisions of Subsection B(1)(a) herein shall bear the burden of proving such exemption or exception as it applies to his particular circumstances.

(2) In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.

§ 359-2 License required.

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. § 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. § 2901 for similar provisions.

§ 359-3 License application.

A. 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) Full name of the applicant and local address and telephone number if any.

(2) Permanent address and telephone number.

(3) Name and address and telephone number of employer or a statement that such applicant is self-employed.

(4) The nature of the goods, wares or merchandise offered for sale or for which orders are being solicited.

(5) 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) The type and license number of vehicles to be used, if any.

(7) 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) The names, addresses and telephone numbers of two responsible citizens who will vouch for the applicant's good character.

(9) Upon request, the applicant shall furnish a photograph.

B. 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. No license under this chapter shall be transferable from one person to another.

§ 359-4 Fee.

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.

§ 359-5 Duration of license; new licenses.

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 § 359-4.

§ 359-6 Exhibition of license.

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.

§ 359-7 Hours.

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.

§ 359-8 Parking vehicles on street; littering.

A. 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. No such person shall intentionally place or deposit any refuse on any street, highway or alley.

C. 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.

§ 359-9 Location restrictions.

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.

§ 359-10 Crying wares; attention-getting devices.

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.

§ 359-11 License records.

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.

§ 359-12 Suspensions; appeals.

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.

§ 359-13 Violations and penalties.

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.