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:
"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."
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 §
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.
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.