[Ord. No. 755, 5/7/2018[1]]
It shall be unlawful for any peddler, solicitor or transient merchant, as defined in § 13-102 of this Part 1, to engage in any such business within the Borough of McDonald without first obtaining a permit therefor in compliance with the provision of this Part 1.
[1]
Editor's Note: This ordinance superseded former Part 1, Transient
Retail Businesses, adopted by Ord. No. 702, 9/12/2005.
[Ord. No. 755, 5/7/2018]
1.
CANVASSER
PEDDLER, SOLICITOR and TRANSIENT MERCHANT
When used in this Part 1, the following terms shall have the following
meanings:
Conduct other than soliciting or peddling, as defined in
this Part 1, which involves the examination, discussion, requesting,
distribution and/or accumulation of opinions, votes, support or any
information or communication, whether or not protected under the Constitution
of the Commonwealth of Pennsylvania or the United States, upon any
of the streets or sidewalks or from house to house, or from or to
persons in commercial, industrial, professional or any other sort
of building whatsoever, within the Borough of McDonald. Contributions
sought in connection with or in support of the above-described conduct,
including payments for books, pamphlets or other materials connected
with or in support of the canvasser's message or mission, also qualify
as canvassing and shall not be subject to solicitation requirements.
Shall include any person, whether a resident of the Borough
of McDonald or not, who goes from house to house, from place to place,
or street to street, to include placing or leaving flyers on mailboxes
or at residences, conveying or transporting goods, wares, or merchandise
or offering or exposing the same for sale in any manner whatsoever,
or making sales and delivering articles to purchasers, or seeking
or taking contracts or orders for any goods, services, wares or merchandise
for future delivery or for subscriptions or contributions, or establishing
a temporary place of business in a fixed location.
[Ord. No. 755, 5/7/2018]
1.
The terms of this Part 1 shall not be held to include the acts of persons selling personal property at wholesale to dealers in such articles; nor to the acts of merchants or their employees in delivering goods in the regular course of business, including the following:
A.
Farmers selling their own produce;
B.
The sale of goods, wares and merchandise donated by the owners thereof,
where the proceeds are to be applied to any charitable or philanthropic
purpose;
C.
Persons under the age of 18 years who take orders for and deliver
newspapers, grass cutting, yard work, snow removal, pet watching,
greeting cards, candy, sandwiches, baker products and similar activities;
D.
Boy Scouts or Girl Scouts and similar organizations;
E.
Garage sales by resident;
F.
Any person who has complied with the provisions of the Solicitation
of Funds for Charitable Purposes Act, 1990, December 19, P.L. 1200,
No. 202 (10 P.S. § 162.1 et seq.);
G.
Any recognized volunteer fire company or volunteer rescue unit;
H.
Persons seeking local, county, state or federal elective office or
persons engaged on behalf of a candidate for local, county, state
or federal elective offices;
I.
Persons engaged in the distribution, without cost or charge, of religious
materials;
J.
Canvassing; and
K.
The sale, or offering for sale, of bread and bakery products, meat
and meat products or milk and milk products by any manufacturer or
producer thereof.
2.
Nothing contained in this Part 1 shall be held to prohibit any sale
required by statute or by order of any court, or to prevent any person
conducting a bona fide auction sale pursuant to law.
[Ord. No. 755, 5/7/2018]
1.
Applicants for a permit under this Part 1 must file, in person, with
the Borough of McDonald Police Department, a sworn application in
writing on a form to be furnished by the Borough. A processing fee
to be determined by the Borough Council shall be paid by the applicant
and shall accompany the return of the application, which shall provide
the following information:
A.
Name and physical description of applicant, to include two-inch-by-two-inch
color photographs of each individual performing the peddling, canvassing
or sale;
B.
Complete permanent home and local address of the applicant and each
individual performing the peddling, canvassing or sale; in the case
of transient merchants, the local address from which proposed sales
will be mailed;
C.
A brief description of the nature of the business and the goods to
be sold;
D.
If the applicant is an employer, business or agency, the name and
address of the employer, together with credentials therefrom establishing
the exact relationship between employer and employee;
E.
The source of supply of the goods or property proposed to be sold,
or orders taken for the sale thereof; and the proposed method of delivery;
F.
A statement as to whether or not the applicant or any employee or
agent who will perform the peddling or canvassing has ever been convicted
of a crime other than a summary traffic offense, and, if so, the nature
of the offense, date of the offense and the punishment assessed therefor;
G.
A valid photo driver's license or state photo identification card
for each individual actually performing the peddling or canvassing;
and
H.
All applicants must present a criminal background check conducted
by the Pennsylvania State Police. If the applicant is not a resident
of Pennsylvania, the applicant will provide a current (no older than
one year) criminal background check from the state in which the applicant
resides.
[Ord. No. 755, 5/7/2018]
All bona fide religious, charitable and political organizations,
societies, associations or corporations shall be exempt from the application
of this Part, so long as the principal purpose of their solicitation
activities is the expression of religious, political or other philosophical
beliefs, as opposed to the sale or distribution of goods and merchandise.
[Ord. No. 755, 5/7/2018]
1.
The Borough of McDonald Police Department shall endorse on the application
approval and, upon payment of the fees listed below, shall deliver
to the applicant their permit.
2.
The permit shall issue within five business days of the filing of
a completed application unless the Borough of McDonald informs the
applicant, in writing, and within five business days of the date the
application is received by the Borough of McDonald, that the person
or entity has made a material misrepresentation on the permit, or
the applicant, or employee thereof, has been convicted of a violent
felony or a crime involving moral turpitude.
3.
Permits shall expire at the end of each quarter-year, and the term
during which a permit is valid and usable shall not exceed 92 days.
Permits can be renewed for additional quarter-year terms, upon payment
of the required fee.
4.
Fees for this permit shall be set by resolution of the Borough Council.
5.
Upon the refusal of or failure to act on an application within a
reasonable time, the applicant may appeal to the Borough Council for
relief.
6.
Permits of any nature are not transferable.
7.
No permit shall be issued for any individual, employee or member
of an organization who:
[Ord. No. 755, 5/7/2018]
No permittee, nor any person on his/her behalf, shall shout,
cry out, blow a horn, ring a bell or use any sound or amplifying device
upon any of the streets of the Borough of McDonald or upon private
premises for the purpose of attracting attention to any goods, wares
or merchandise which such permittee proposes to sell.
[Ord. No. 755, 5/7/2018]
1.
No permittee shall have any exclusive right to any location in the
public streets, nor shall any be permitted a stationary location thereon,
nor shall any be permitted to operate in a congested area where such
operation might impede or inconvenience the public use of such streets;
2.
No permittee shall be permitted to solicit before 9:00 a.m. or after
6:00 p.m. prevailing time, or all day on Sundays or other business
holidays, recognized as such holidays by governments of the United
States or Commonwealth of Pennsylvania;
3.
No permittee shall be permitted to solicit on property that displays
a "No Soliciting" sign visible from the road;
4.
No permittee shall be permitted to solicit within the Borough of
McDonald's parks without the express consent of the Borough of McDonald
Police Department or Borough Council; and
5.
All permittees are responsible to pick up all literature used for
the purpose of soliciting or sale that accumulates in any manner on
the streets, the property of residents or the Borough of McDonald.
[Ord. No. 755, 5/7/2018]
Permittees are required to carry their permits at all times
when soliciting in any manner.
[Ord. No. 755, 5/7/2018]
1.
The Borough Council, after notice and hearing, may revoke any permit
issued pursuant to this Part for one or more of the following reasons:
A.
Harassment of a resident in soliciting the sale of goods where a
police report has been filed;
B.
Failure to disclose a criminal conviction of the applicant after
permit is issued; and
C.
Determination by the Borough of McDonald Police Department that the
applicant has made a material misrepresentation on the application
subsequent to the permit being issued.
[Ord. No. 755, 5/7/2018]
Any person, firm, corporation or association who or which shall
violate any provisions of this Part 1 shall, upon conviction thereof
in a summary proceeding, be subject to a fine not exceeding $1,000
for each and every offense, together with costs and attorney fees.
Each and every day during which such violation shall continue shall
constitute a separate offense.
