[Ord. 1026, 5/12/1982, Section 501; amended by Ord. 1272,
1/5/1990, Section 1; Ord. 1712, 11/6/2002]
a.
CANVASSER — Any person engaging in the activity of questioning
persons on behalf of an organization(s), using predetermined questions,
for the purpose of obtaining information, data or opinions from such
persons contacted for any reason whatever, including political, religious
or educational reasons, within the Borough and whether or not on foot
or from within a structure or by use of vehicle or by use of telephone
or in any other manner.
b.
SOLICITOR — Any person engaging in the solicitation of donations
of money or tickets for money and coupon books for money or similar
material for money, with or without the distribution by such solicitor
of literature, samples, free gifts or other materials within the Borough
and whether on foot or from within a structure or by use of vehicle
or by use of telephone or in any other manner. Included within this
definition are all persons engaged in such activities as members of
religious organizations or charitable groups.
c.
EXCLUSIONS — Neither of the foregoing definitions shall be
deemed to include any of the following activities:
(1)
Political campaigning by candidates for public office, or their workers.
(2)
The solicitation of donations by mail.
(3)
Either the solicitation of money or canvassing, as otherwise defined
herein, from personal acquaintances of the person engaging in the
activity.
(4)
Persons who solicit for or on behalf of religious organizations,
or in pursuit of religious beliefs and activities.
[Ord. 1026, 5/12/1982, Section 502; amended by Ord. 1272,
1/5/1990, Section 2; Ord. 1746, 5/7/2003, Sections 2, 3, and 4; Ord.
2024, 9/16/2013]
Every person, prior to engaging in activity as a solicitor or
canvasser within the Borough, shall apply for and obtain a license
as hereinafter provided.
a.
Application. Application for a solicitor's or canvasser's license
shall be made on forms provided by the Borough and available at the
Finance Department of the Borough. The application shall be completed
and signed by the applicant and shall be filed at the Finance Department
together with two photographs of the face of the applicant, accurately
depicting the applicant's appearance, approximately two inches by
three inches in size. Each person who wishes to actively engage in
soliciting or canvassing shall file a separate application and provide
photographs and obtain a license. No group or joint applications or
licenses shall be permitted, except that, if the solicitation or canvassing
is for the benefit of a charitable, religious or educational organization
or purpose and, if the solicitation or canvassing will involve more
than 10 solicitors or canvassers, one or more persons shall be permitted
to apply for and on behalf of all of the other persons, giving the
names and addresses only of such other persons.
b.
Information Required on the Application. The application for a solicitor's
or canvasser's license shall contain the following information:
(1)
Names. The name of the applicant and of the business, firm, corporation,
organization, church or person owning or operating the same (hereinafter
called "organization") together with the names of individuals managing
or coordinating the soliciting or canvassing within the Borough and
the names of all persons who will be participating or assisting in
the conduct of such soliciting or canvassing.
(2)
Addresses. The permanent address and telephone number and local address
and telephone number, if any, of the applicant, the manager and the
organization, together with the address or location of any office
or place within the Borough to be used by the solicitor or canvasser.
(3)
Other Information. The identifying physical features of each applicant,
date of birth, social security number, together with information of
any previous convictions of criminal offenses. The description of
any motor vehicle(s) proposed to be used by any persons referred to
in this section together with the license plate number and the names
of the registered owners thereof.
(4)
Nature of Solicitation or Canvass. A complete and accurate description
of the nature, type and location of activity to be conducted, including
procedures and methods to be used in contacting persons, the hours
and days of the activity and the lengths of time for which the license
is being requested.
(5)
References. The applicant shall provide the names, addresses and
neither telephone numbers of three persons who are not employed by
the organization nor relatives of the applicant, who have knowledge
of the applicant and can provide information concerning the applicant's
character, product and/or service.
c.
Responsibility of the Chief of Police. The Chief of Police shall
conduct an investigation using the references and information provided
by the applicant and other sources to determine if the applicant is
of good character, has been convicted of any crime(s) or has conducted
his/her business in a fraudulent or unsatisfactory manner. If the
Chief of Police is unable to substantiate the applicant's good character,
the applicant may be requested to submit a criminal history record,
in accord with procedures of the Commonwealth of Pennsylvania. Based
on his/her investigation, the Chief of Police shall either recommend
approval or denial of the license and the reasons therefore.
d.
Responsibility of the Health Officer. In all cases where the goods
or items are proposed to be sold for human consumption, the Health
Officer shall review and approve all such goods and items to ensure
compliance with applicable State and local health regulations and
shall transmit notification of his approval to the Manager or his/her
designee.
e.
Responsibility of the Manager. Following submission of the application
and receipt of the reports and recommendations from the Health Officer
and Chief of Police, the Manager or his/her designee shall approve
the license, except that any of the following reasons shall be grounds
for disapproval. In disapproving the license, the Manager or his/her
designee shall state the reasons for disapproval.
(1)
The applicant or others named in the application have been previously
convicted of a felony or misdemeanor or have conducted his/her business
in a manner which has caused customer dissatisfaction and complaints
to be reported to the Borough and which the Borough has investigated
and found to be legitimate.
(2)
The Chief of Police has not been able to confirm the authenticity
of the organization or has been unable to contact two of the three
references of the applicant or if reference comments are negative
concerning the applicant's business practices.
(3)
The applicant proposes to sell items or goods for human consumption
and has not received approval from the Health Officer.
(4)
The applicant has given false or incomplete information on the application.
(5)
The applicant has violated the terms of this ordinance or of the
municipal ordinances concerning taxes, peddlers, door-to-door salespersons
or temporary retail dealers within two years prior to this application.
f.
License. When the Manager or his/her designee has approved the issuance
of a solicitor's or canvasser's license and the license has been signed
by the Manager or his/her designee, the applicant shall be issued
a license. The license shall contain the information required on the
application, the expiration date of the license and one of the photographs,
which was submitted with the application, shall be attached. The license
shall be carried by each solicitor or canvasser at all times when
engaged in such activity and shall be exhibited for inspection to
every person approached for purposes of solicitation or canvass.
g.
Appeal. If the Manager or his/her designee disapproves a license,
the applicant may appeal, in writing, to the Council, citing the reasons
why the Manager's or his/her designee's decision should be reversed
or modified. Said appeal must be in writing and must be filed in the
Manager's Office within 10 days of the date of the disapproval. The
applicant may request a hearing before the Council.
[Ord. 1026, 5/12/1982, Section 503; amended by Ord. 1272,
1/5/1990, Section 3; Ord. 1274, 2/8/1990, Section 2; Ord. 1914, 12/15/2008,
Section 15]
The terms of each license shall be specified on the license
which is issued and shall not exceed one month from the date of issuance.
The fees for a solicitor's or canvasser's license shall set by resolution
of Council from time to time. No fee shall be charged for solicitors
or canvassers who represent organizations which are charitable, religious
or educational. Exemption from taxation by the United States Treasury
Department to such organization shall be sufficient for the exemption
from payment of fees set forth in this section. Other evidence of
the charitable, religious or educational status of the applicant may
also be considered in determining if a fee is to be charged. The applicant
may be required to show proof of United States Treasury Department
exemption. Pennsylvania residents who are disabled military service
veterans shall be exempt from the payment of license fees.
[Ord. 1026, 5/12/1982, Section 504; amended by Ord. 1272,
1/5/1990, Section 4; Ord. 1479, 9/26/1995, Section 1; Ord. 2024, 9/16/2013]
The license for soliciting and canvassing shall be valid in
all districts within the Municipality of State College, subject to
the following limitations for certain days, districts and activities:
a.
Days of the week; Districts.
(1)
Sundays. Soliciting and canvassing shall be permitted between the
hours of 1:00 p.m. and 9:00 p.m. in all districts.
(2)
Monday through Saturday. Soliciting and canvassing shall be permitted
in all residential districts and residential buildings in commercial
districts between the hours of 9:00 a.m. and 9:00 p.m. Such activity
shall be permitted at nonresidential buildings in all commercial and
industrial districts between the hours of 9:00 a.m. and 9:00 p.m.
b.
No solicitations or canvassing shall be permitted in the area designated
by Council for the conduct of the Central Pennsylvania Festival of
the Arts nor during the conduct of First Night, during those periods
designated by Council for the conduct of these activities. [See §§ 10-115
and 10-116 of this chapter for area and times of the Festival.]
c.
Special Requirements.
(1)
There shall be no physical contact by the solicitor or canvasser
with anyone being solicited or canvassed without the person's consent.
This shall be deemed to include not only physical force or restraint
but also the act of placing objects on the person or clothing of the
solicitee.
(2)
Solicitors and canvassers shall not occupy a fixed location on any
public sidewalk or street. There shall be no interference with or
blocking of movement or any pedestrian or vehicle by any solicitor
or canvasser.
(3)
A solicitor or canvasser shall not be permitted to make or cause
to be made any loud noise to attract attention or for any other purpose.
Such noises may include, but shall not be limited to, shouting, use
of loud speakers, horns, drums, musical instruments or other sound
devices.
(4)
A solicitor or canvasser who is conducting such activity on private
property, which is not open to the public, shall immediately leave
such premises on request of any lawful occupant thereof.
[Ord. 1026, 5/12/1982, Section 505; amended by Ord. 1272,
1/5/1990, Section 5]
It shall be the responsibility of every solicitor or canvasser
licensed under this ordinance to pay the Finance Department the proper
taxes, including business privilege and income taxes, for himself
or any employee on income earned as a result of the soliciting or
canvassing.
[Ord. 1026, 5/12/1982, Section 506; amended by Ord. 1272,
1/5/1990, Section 6; Ord. 1274, 2/8/1990, Section 3; Ord. 1746, 5/7/2003,
Section 5]
The Manager or his/her designee is hereby authorized to revoke
or to suspend, for a specified period of time, any license issued
under this ordinance under the following circumstances:
a.
If the licensee is convicted of a felony or misdemeanor during the
license period.
b.
If the Manager or his/her designee determines the goods or items
being sold or distributed are unsafe, harmful or misrepresented to
the public.
c.
If it is determined that the licensee has given false information
on the application.
d.
If the approval of the Health Officer is revoked.
e.
If the applicant fails to remit applicable Borough fees or taxes.
f.
If the licensee fails to abide by any of the provisions of this ordinance.
[Ord. 1026, 5/12/1982, Section 507; amended by Ord. 1272,
1/5/1990, Section 7; Ord. 1746, 5/7/2003, Section 6]
Any person whose application for a solicitor's or canvasser's
license is disapproved by the Manager or his/her designee, or whose
license is revoked or suspended, may appeal such action to the Council.
Such appeal shall be in writing and signed by the person and filed
in the office of the Manager within 10 days of the date of such action
appealed from. Council shall conduct a hearing at a public meeting
of Council within 40 days of the filing of such appeal and shall notify
such person, by written letter mailed to the permanent address of
the person shown on the application, such mailing to occur 15 days
or more prior to such hearing. In lieu of mailing such notice, it
may be delivered personally to such person. The President of Council
shall preside over such hearing and shall administer oath to all witnesses.
Council shall affirm the action appealed from or reverse such action
or may modify such action.
[Ord. 2024, 9/16/2013]
It shall be the duty of the Manager, Manager's designee or police
officer of the Borough or duly sworn ordinance enforcement officer
of the Borough to enforce the provisions of this ordinance.
[Ord. 1026, 5/12/1982, Section 508,{50} as amended by Ord.
1418, 9/27/1993; Ord. 2024, 9/16/2013]
Any person who shall violate any of the provisions of this ordinance
shall, on conviction thereof before a Magisterial District Judge,
be sentenced to pay a fine of not less than $300 (nor more than $1,000)
for the first offense; $600 (nor more than $1,000) for the second
offense; $1,000 for the third and subsequent offense(s) in any one-hundred-eighty-day
period including costs of prosecution and upon failure to pay such
fine and costs, to imprisonment in County Jail for a term not to exceed
30 days for each offense.
a.
Each act of violation and every day upon which such violation occurs
of any provision of this ordinance shall constitute a separate offense.
b.
A penalty provided for under this ordinance may be imposed in addition
to any penalty that may be imposed for any other criminal offense
arising from the same conduct.
