[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 1-13-2011 by Ord. No.
407.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
131, Peddling and Soliciting, adopted 7-14-1977 by Ord. No. 228, as
amended.
This chapter shall be known as the "Pine Grove Borough Peddling
and Soliciting Ordinance."
To regulate the distribution of certain materials, peddling,
soliciting and related activities within the Borough of Pine Grove for the
protection and maintenance and of the health, safety, and welfare
of the inhabitants of the Borough and to deter or prevent dishonest
business practices and/or criminal activity in the Borough.
The following words, when used in this chapter, shall have the
following meanings:
The Borough of Pine Grove, Schuylkill County, Pennsylvania.
New Year's Day, Easter, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas.
Any person with no fixed place of business, who goes from
house to house, from place to place, or from street to street, by
any means, carrying or transporting goods, wares, or merchandise and
offering or exposing the same for sale, or making sales and deliveries
for purchase.
The selling or offering for sale of any goods, wares, services,
or merchandise for immediate delivery which the person selling or
offering for sale carries with him in traveling, or has in his possession
or control, upon any of the streets or sidewalks; or from house to
house; or by visitation to private residences, or by entering in or
upon private property within said Borough.
Any natural person, partnership, association, corporation,
or other legal entity.
The seeking or taking of contracts or orders for any goods,
wares, services, or merchandise for future delivery, or for subscriptions
or contributions upon any of the streets or sidewalks; or from house
to house; or by visitation to private residences, or by entering in
or upon private property within the Borough of Pine Grove, and shall
further mean the seeking or taking of contracts or orders from home
or other building repairs; improvements and alterations, and also
orders or contracts for any mechanical, electrical, plumbing, or heating
device or equipment for house, or other building improvements or repairs,
upon places aforesaid within the said Borough.
Any person who goes from house to house, from place to place,
or from street to street, soliciting or taking or attempting to take
orders for any goods, wares, or merchandise, including, but not limited
to, books, periodicals, magazines, or personal property of any nature
whatsoever for future delivery, or services, including, but not limited
to, lawn care, alarm system service, or cleaning services. A solicitor
is not a peddler.
Any business conducted in the Borough of Pine Grove for the sale
of goods, wares or merchandise whatsoever for a period of less than
90 calendar days. Transient retail business includes peddlers and
solicitors, and any person engaged in transient retail business from
a fixed location on private property.
A.
No person shall engage in any transient retail business within the
Borough of Pine Grove without first having obtained from the Borough
a license, for which a fee, which shall be for the use of the Borough,
shall be charged and paid to the Borough in an amount to be established
from time to time by resolution of the Borough Council. At the expiration
of any license, if the person holding the license shall desire to
continue the transient retail business, he or she shall be required
to file a new application for a license and pay the license fee.
B.
No person, peddler, or solicitor shall engage in peddling or soliciting
within the Borough of Pine Grove without having first obtained from
the Borough a license, for which a fee, which shall be for the use
of the Borough, shall be charged and paid to the Borough in an amount
to be established from time to time by resolution of the Borough Council.
At the expiration of any license, if the person holding the license
shall desire to continue to engage in peddling or soliciting, he or
she shall be required to file a new application for a license and
pay the license fee.
C.
No permit or fee is required as it applies under this section:
(1)
To religious proselytizing, political speech, and the distribution
of handbills.
(2)
To farmers selling their own produce.
(3)
For the sale of goods, wares, and merchandise, donated by the owners
thereof, the proceeds whereof are to be applied to any charitable
or philanthropic purpose.
(4)
To any manufacturer or producer in the sale of bread and bakery products,
meat and meat products, or milk and milk products.
(5)
To children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, candy, bakery products and the like, or
who represent the Boy Scouts or Girl Scouts or similar organizations.
(6)
To a person who has registered with the Department of State for the
Commonwealth under the provisions of the Solicitation of Funds for
Charitable Purposes Act, 10 P.S. § 162.1 et seq., as hereafter
amended, supplemented, modified or re-enacted by the General Assembly
of Pennsylvania, or who is expressly exempted from such registration
under such Act.
(7)
For taking orders for merchandise, by sample, from dealers or merchants
for individuals or companies who pay a license and business privilege
tax to Pine Grove Borough at their chief place of business.
(8)
To itinerant vendors and temporary vendors operating in the Borough
with a permit.
D.
Any person claiming any exemption outlined above shall provide the
Borough with documentation demonstrating that person qualifies for
said exemption.
E.
No person, licensed under this chapter, shall park any vehicle upon
any of the streets or alleys of the Borough in order to sort, rearrange
or clean any of his goods, wares or merchandise; nor may any such
person place or deposit any refuse upon any of such streets or alleys;
nor may such person maintain or keep a street or curbstone market
by parking any vehicle upon any street or alley in the Borough for
longer than necessary in order to sell or distribute therefrom to
persons residing in the immediate vicinity.
F.
No person, licensed under this chapter, shall occupy any fixed location
upon any of the streets, alleys, sidewalks or public grounds, with
or without any stand or counter.
A.
Each individual or group intending to engage in peddling or soliciting
must first obtain a license at least 10 business days in advance of
the beginning of the time period for which the intended peddling or
soliciting will occur. A person desiring a license under this chapter
shall first make application to the Borough Police Department for
such license. If such person shall also be required to obtain a license
from any state or county officer, he shall, when making such application,
exhibit a valid license from such state or county officer. The applicant
shall state:
(1)
His full name, permanent address, date of birth, telephone number
and cell phone number;
(2)
His criminal record, if any;
(3)
The name and address of the person by whom he is employed together
with his supervisor's or contact person's name and telephone
number;
(4)
The type of goods, wares, and merchandise he wishes to deal with
in such transient retail business;
(5)
The location on private property where sales will be conducted, if
a fixed location is to be used. Compliance with all applicable zoning
and building code regulations is required;
(6)
The length of time for which the license is to be issued;
(7)
The type and license number of the vehicle to be used, if any, along
with a valid driver's license; and
(8)
Applicant shall produce a state driver's license or other state
or government issued picture identification card.
B.
Where a person makes application for himself and one or more other
persons, all applicable personal information specified above shall
be given for each person and verified or affirmed by oath or affirmation
by person to be licensed. An individual license shall be required
for each solicitor or peddler or person seeking license under this
chapter. No license under this chapter shall be transferable from
one person to another.
Upon receipt of such application and the prescribed fee, the
Borough shall, at its sole discretion, issue the license required
under this chapter if such license application is in order. Such license
shall contain the information required to be given on the application.
Every license holder shall carry such license upon his person if engaged
in transient retail business from house to house or upon any of streets,
alleys, sidewalks or public grounds. He shall exhibit such license,
upon request, to all police officers, municipal officials and citizens
or residents of the Borough of Pine Grove. The license holder shall
only be entitled to carry said license for the length of time for
which the license is issued. When the time period for the license
has expired, the license holder shall apply for a new license and
pay a new license fee.
No person in any transient retail business shall:
A.
Sell any product or type of product not mentioned in their license.
B.
Hawk or cry his wares upon any of the streets, alleys, sidewalks
or other public grounds in the Borough.
C.
When operating from a vehicle, stop or park such vehicle upon any
of the streets or alleys in the Borough for longer than necessary
in order to sell therefrom to persons residing or working in the immediate
vicinity.
D.
Park any vehicle upon any of the streets or alleys in the Borough
for the purpose of cleaning any of his goods, wares, or merchandise
or of disposing of any carton, wrapping material or of any stock or
wares or food stuffs which have become unsalable through handling,
age or otherwise.
E.
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.
Permit any person to have possession of his or her license and shall
immediately report its loss to the Borough.
Transient retail businesses, peddlers, and solicitors may not
engage in any business activity, except by prior appointment, at any
time on a Sunday or legal holiday; from October 1 through April 30,
at any time before 9:00 a.m. or after 6:00 p.m. on any day; and from
May 1 through September 30, at any time before 9:00 a.m. or after
8:00 p.m. on any day.
The Chief of Police, Mayor, or Borough Council are hereby authorized
to suspend or revoke any license issued under this chapter when he
or she deems such suspension or revocation to be beneficial to the
public health, safety, or morals, for violation of any provision of
this chapter, or for giving false information upon any application
for a license hereunder. No part of a license fee shall be refunded
to any person whose license shall have been suspended or revoked.
Any person whose license is suspended or revoked shall immediately
surrender his or her license to the Borough.
Any person, firm or corporation who shall violate any provision
of this chapter, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 and not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 90 days. Each day that
a violation of this chapter continues or each section of this chapter
which shall be found to have been violated shall constitute a separate
offense.
All peddlers and solicitors, including nonprofit corporations
and agencies, shall hold harmless the Borough from any liability,
damage or injury which is causally related to an act of ordinary negligence
on the part of such peddler or solicitor.
