[HISTORY: Adopted by the Board of Supervisors of the Township
of North East 9-4-2018 by Ord.
No. 2018-02. Amendments noted where applicable.]
From and after the enactment hereof, it shall be unlawful for any person not exempted by § 223-6 hereof who is not the holder of a valid and unexpired license issued pursuant to this chapter to engage in selling, purchasing, or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description, or in soliciting contributions, gifts or pledges of money or any other thing of value, by visitation to private homes or residences or on the public streets or highways of North East Township.
A.
Any person not exempted by § 223-6 hereof desiring to obtain a license to engage in the activities described in § 223-1 hereof shall make written application on such form as provided by the Township, in person, to the Township Secretary or their agent so designated by the Secretary. The applicant shall supply the following information:
(1)
Name;
(2)
Date of birth;
(3)
Temporary address;
(4)
Permanent address;
(5)
The address at which notices under this chapter are to be sent;
(6)
The name and address of employer or principal, if any, and the nature
of the business activity;
(7)
The nature of the business or activity in which the applicant wishes
to engage within the Township; and
(8)
A statement as to whether the applicant has been convicted in any
jurisdiction of any crime other than minor traffic violations and,
if so, of what crime or crimes.
B.
The applicant shall, together with the application, submit to the
Township Secretary his photograph and a written description of themselves,
all recorded by the North East Township Secretary, and shall pay a
fee in the amount of $60 for three months to defray the cost of administering
this chapter.
C.
Upon submission of said application and supporting evidence of identification and the payment of the fee as aforesaid, there shall be issued to the applicant a license in the form of a card which shall, unless revoked, entitle the licensee to engage in the activities described in § 223-1 hereof for a period of three months from the date of issuance.
D.
Licenses may be renewed upon payment of the fee herein provided for
and amendment of the original application to reflect any changes necessary
in the information therein contained.
Every person to whom a license has been issued hereunder shall,
in the carrying on of his business or activities in the Township,
comply with the following rules of conduct:
A.
He/she shall carry his/her license card at all times and exhibit
it upon request to any peace officer, Code Enforcement Officer or
any person upon whom he/she shall call, or with whom he/she shall
talk in carrying on his licensed activities.
B.
He/she shall not permit any person to have possession of his/her
license card and shall immediately report its loss to the Township
Secretary. He/she shall not cause or permit his/her license card to
be altered or defaced.
C.
He/she shall not enter, or attempt to enter, any dwelling house without
invitation or permission of the occupant and shall immediately leave
any premises upon request.
D.
He/she shall not represent his license card to be an endorsement
of licensee or of his/her goods or services or of the goods or services
of his/her principal or employer.
E.
He/she shall immediately surrender his/her license card upon revocation
of his/her license as hereinafter provided.
F.
Activities authorized under this chapter shall only occur between
the hours of 9:00 a.m. and 6:00 p.m.
Any license hereinafter issued may be revoked by the Board of Supervisors upon the failure of the licensee to comply with the standards of conduct established by § 223-3 hereof or upon ascertainment that the licensee has made any false statement in his application for license hereunder. Notice of revocation shall be given by written notice personally served or sent by registered mail to the address designated for this purpose in the application for license.
Any person whose license has been revoked shall be entitled
to appear, with counsel if he so desires, before the Board of Supervisors
at a regular or special meeting and be heard in behalf of a request
for reinstatement of his license.
The following persons are exempted from the licensing requirements
of this chapter:
A.
Persons soliciting contributions on behalf of organizations or nonprofit
corporations exempted from the provisions of, or duly registered pursuant
to, the Solicitation of Funds for Charitable Purposes Act, 1990, Dec.
19, P.L. 1200, No. 202, 10 P.S. § 162.1 et seq., as amended,
who, while soliciting, are possessed of a card or other written evidence
of their appointment or authority to solicit for said organization
or corporation.
B.
Farmers engaged in selling only the produce of their own farms from
truck or other vehicle.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100 nor more than $1,000, plus costs of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
