[HISTORY: Adopted by the Township Council of the Township of Upper Darby 9-18-2002 by Ord. No. 2926. Amendments noted where applicable.]
A. 
As used in this chapter, the following words shall have meanings give to them in this section.
DEPARTMENT
Upper Darby Township Department of Licenses and Inspections.
OFF-STREET RETAIL SALES
The sale of any goods, wares or merchandise by any individual, partnership, association, corporation or other entity, or by an agent thereof, at a site located on private property and rented from or owned by any other individual, partnership, association, corporation or other entity when the goods, wares or merchandise are not being sold or exhibited by the proprietor in connection with the proprietor's existing business being conducted upon the same premises for which the off-street site is already being used.
PEDDLING
The selling or offering for sale of any goods, wares, merchandise or service for immediate delivery upon any of the streets or sidewalks or from house to house within Upper Darby Township.
PERSON
Any natural person, association, partnership, firm or corporation.
SERMONIZING
Seeking or disseminating information house to house within the Township.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares, merchandise or service for future delivery, or seeking contributions of money, property or services, upon any of the streets or sidewalks or from house to house within the Township.
TOWNSHIP
Upper Darby Township.
B. 
In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person, unless exempted by any other provision of this chapter, shall peddle or solicit upon any of the streets or sidewalks or from house to house within the Township without first securing and carrying in his possession a license for such peddling or soliciting from the Township.
A. 
Every person desiring to engage in peddling or soliciting or to operate an off-street retail sales business in the Township shall first file an application for a license at the Department on a form provided by the Department and shall furnish all information required thereby. Upon the approval of the application and payment of the license fee herein required, the Department shall grant and issue to each applicant a license to peddle, solicit or operate an off-street retail sales business.
B. 
The application for a license for peddling or soliciting shall include the following:
(1) 
The name, address and social security number of the applicant;
(2) 
The name and address of the employer, firm, organization or person the applicant represents;
(3) 
The nature of the merchandise to be sold or offered; the services to be furnished; or the type of article, device, subscription, product or contribution for which the applicant wishes to sell or solicit within the Township;
(4) 
The place or places of residence of the applicant for the preceding three years;
(5) 
The type of vehicle, if any, the applicant uses in the course of his peddling and solicitation and its registration number and state;
(6) 
Whether or not the applicant has ever been convicted of a crime other than a violation of the Motor Vehicle Code and, if so, when, where and the nature of the offense;
(7) 
Names of other municipalities in Pennsylvania in which the applicant has worked as a peddler or solicitor or operated an off-street retail sales business in the past two years;
(8) 
The date(s) upon and the location(s) at which the applicant intends to peddle, solicit or operate an off-street retail sales business within the Township.
C. 
The application shall also be accompanied by a letter or other written statement from the individual, firm, corporation or organization the applicant represents, certifying that the applicant is authorized to act as such a representative.
D. 
No such application shall be filed more than three months prior to the time such peddling or soliciting shall commence.
E. 
To obtain an off-street retail sales license, the applicant must provide a letter or lease signed by the owner of the premises at which the off-street retail sales will be conducted, which authorizes the use of such premises for the purpose of off-street retail sales.
F. 
Each applicant for an off-street retail sales license must provide a reference sketch plan drawn accurately to scale of the property, indicating thereon: the exact sales location on the site which is to be used and its relationship to the other businesses, structures, streets and sidewalks already existing at the site; that the available parking provided in the existing paved off-street parking area complies with the requirements of § 550-33A of Chapter 550, Zoning, as amended; and the proposed lighting if nighttime operation is planned.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
All applicants shall pay to the Department a license fee in the sum as set by Township Council for a one-year license. In addition, applicants shall pay to the Department a license fee in the amount as set by Township Council for each employee of the applicant who will be peddling, soliciting or operating an off-street retail sales business within the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
When the application is made for an organization, in addition to the basic license fee, 1/2 of the amount of the license fee shall be added for each person constituting a part of such organization who shall be engaged in peddling, soliciting or off-street retail sales within the Township.
C. 
All licenses shall expire on the last date that the applicant intends to peddle, solicit or engage in off-street retail sales, as set forth on the application, but in no event shall they expire later than December 31 of the year in which they were initially issued. An expired license must be renewed, and an applicant for renewal shall pay the fee provided for in § 405-4A and complete a new application.
D. 
Licenses are not transferable and may not be used by anyone other than the person to whom they are initially issued.
The Director of the Department or his designee shall, within 10 days from the date that an applicant files an application containing all required information, issue to the applicant a license permitting the applicant to peddle, solicit or operate an off-street retail sales business at the location within the Township set forth on the applicant's application, beginning on the date such license is issued, unless it shall be determined that any of the information provided on the application is false. Any applicant supplying such false information shall be subject to the penalties provided for violation of this chapter and any other penalties prescribed by law, and the application shall be denied.
Residents of the Township may post a sign stating "No Solicitation" at their residence. No one, whether licensed or unlicensed, shall solicit, peddle or sermonize at any property where such a sign is posted.
A. 
No license shall be issued and no person may peddle, solicit or operate an off-street retail sales business without complying with the provisions of the Upper Darby Mercantile License Tax Ordinance, Chapter 489, Article II, of this Code, as amended.
B. 
Off-street retail sales licenses and mercantile tax licenses shall be conspicuously posted at the location or locations of any off-street retail sales business.
C. 
All peddlers and solicitors shall carry their license card at all times and shall present it, upon request, to any Department officer or to any person upon whom they shall call or to whom they shall talk in the conduct of their business or solicitation.
D. 
No licensee shall permit any other person to possess or use his license and shall immediately report its loss to the Department.
E. 
No peddler, solicitor or sermonizer shall enter or attempt to enter any dwelling without the invitation or permission of the occupant and shall immediately leave any premises upon request of the occupant.
F. 
No licensee shall represent his license to be an endorsement by the Township of himself, his goods, his services, his employer or organization which he represents.
G. 
No licensee shall sell or offer for sale, seek or take orders or contract for any goods, wares, merchandise, article, device, subscription, contribution or service not stated in the application for which his license has been issued. Nor shall any licensee use any vehicle for soliciting, peddling or off-street retail sales other than the vehicle listed on his application.
H. 
While engaging in peddling, soliciting or off-street retail sales, no licensee shall hawk or cry his goods, wares, merchandise, offers, contracts or services nor use any loudspeaker on the streets or sidewalks of the Township.
I. 
Goods, wares and merchandise of any kind or description, whether organic or inorganic, or a combination of both, may only be sold or exhibited for sale in the public right-of-way beyond the confines of a permanent building or structure where the same are sold or exhibited for sale in connection with an existing business by the proprietor of the existing business conducted in a permanent building or structure upon the same premises for which a certificate of occupancy has been issued and then only where permitted as set forth in the ordinances of the Township of Upper Darby and the statutes of the Commonwealth of Pennsylvania.
J. 
Except when permitted by Subsection I or where being loaded or unloaded, no good, wares or merchandise or property of any description, whether for sale or otherwise, may be placed, deposited or hung in, on or over any public right-of-way.
K. 
No peddling, soliciting, off-street retail sales or sermonizing shall be conducted within a distance of 75 feet of the radius curve of any street or highway intersection or from any other location which may obstruct the normal flow of traffic.
L. 
No sermonizer shall sell any goods, nor accept any contribution of any kind, without obtaining a license and conducting himself in accordance with the provisions of this chapter governing peddlers and solicitors.
A. 
The following organizations and activities are not required to apply for a license or pay the fee provided for in this chapter:
(1) 
Merchants or their employees or agents who are delivering goods or services in the regular course of their business;
(2) 
Persons engaged in an activity defined in § 405-1A, in the definitions of "off-street retail sales," "peddling" and "soliciting," for which they are already licensed by the Commonwealth of Pennsylvania, including but not limited to real estate, insurance or securities brokers and salesmen;
(3) 
Persons soliciting for funds or canvassing for purposes pursuant to the Pennsylvania Election Code, 25 P.S. § 2601 et seq., as amended;
(4) 
Persons under 18 years of age who take orders for and deliver newspapers, greeting cards, candy and other similar products either on behalf of themselves or any organization, subject to the provisions of § 405-8B.
B. 
Any persons, corporation, partnership, association or organization and the agents and employees thereof are exempt from the licensing and fee provisions of this chapter, provided that they:
(1) 
Can demonstrate proof that they have complied with the provisions of the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq., or § 501(c) or 509(a) of the Internal Revenue Code or any other statute of like nature of the Commonwealth of Pennsylvania of the United States Government concerning solicitation for charitable, benevolent, patriotic or any other purpose; or
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Are soliciting, peddling, or conducting off-street retail sales for any civic, religious or charitable organizations that are representative of any school, student organization, religion or place of worship, fire company, veterans' organization, political organization or similar institution.
C. 
No person, corporation, partnership, association, organization, or the agents and employees thereof may claim an exemption available pursuant to the provisions of § 405-8B unless they first inform the Department in writing on a form to be provided by the Department that such a solicitation, peddling or off-street sales activity is going to begin and the basis for such an exemption. The informational form shall also state the following:
(1) 
The time during which the solicitation, peddling or off-street sales activity will be ongoing;
(2) 
The area or areas of the Township in which the solicitation, peddling or off-street sales activity will occur;
(3) 
The name, address and phone number of the person, corporation, partnership, association or organization on whose behalf the solicitation, peddling or off-street sales activity is being made;
(4) 
The name, address and phone number of the person responsible for supervising the solicitation, peddling or off-street sales activity; and
(5) 
The name, address and phone number of each individual solicitor, peddler or off-street salesperson who will be taking part in the solicitation, peddling or off-street sales.
D. 
Notwithstanding that any individual described in § 405-8 is exempt from the licensing and/or fee provisions of this chapter, he shall still be subject to all other provisions of this chapter.
Every person licensed to peddle, solicit or conduct off-street sales in the Township shall report in person on those days on which any such activity is to take place and register with the Department by signing a registration book indicating their name and license number and the name and license number of the corporation, partnership, association or organization they represent.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter shall be enforced by the filing of a civil complaint or by such other means as may be provided by the Pennsylvania Rules of Civil Procedure. Any person, firm or corporation who violates any building, housing, property maintenance, health, fire or public safety code shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $1,000, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Any person, firm or corporation who violates any other ordinance shall, upon being found liable in a civil proceeding, be ordered to pay a penalty of not more than $600, plus the costs of prosecution, plus all Township attorneys' fees incurred in the prosecution of the civil case. Each day that a violation continues shall constitute a separate violation of this chapter. Each subsection of this chapter that is violated shall constitute a separate violation of this chapter.
The provisions of this chapter are declared to be severable, and if any section, sentence, clause or phrase of this chapter shall, for any reason, be held to be invalid or unconstitutional, such decisions shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall stand, notwithstanding the invalidity of any other part.