[HISTORY: Adopted by the City Council of the City of Shamokin 1-4-2017 by Ord. No. 16-07. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
The act of conveying or receiving information and opinions
by going from house to house or place to place whether by foot or
vehicle and without receiving compensation or remuneration except
such as may be provided by the principal, master, or employer of the
person engaged in canvassing.
The Council of the City of Shamokin.
The Mayor of the City of Shamokin.
The act of selling or offering for sale goods, wares, food,
services, information or merchandise for immediate delivery and which
the person selling or offering carries with them by going from home
to home or place to place whether on foot or in vehicle.
Any natural person, association, partnership, corporation,
firm or other business organization.
The act of seeking, taking, requesting or otherwise attempting
to obtain contract, order or receive money for goods, wares, services
or merchandise for future delivery, or for subscriptions or contributions
of any kind by going from house to house or from place to place whether
by vehicle or by foot.
Selling, soliciting or taking order for any food, goods,
wares or merchandise from a fixed location within the City on a temporary
basis, including, but not limited to, such activities conducted at
the time of special occasions or celebrations, for seasonal purposes,
or for holidays.
A.
The practices of peddling, soliciting, canvassing or engaging in
transient retail business within the City of Shamokin, without first
obtaining a permit or license as set forth in this chapter, are hereby
declared to be unlawful.
B.
The following persons are exempt from the definition of peddling,
soliciting, canvassing or transient retail business, unless such persons
are also selling other goods, wares and merchandise not excepted:
(1)
Persons campaigning for political or local office;
(2)
Persons engaged in religious activities, proselytizing or conversion
of others to their faith, or handing out of religious materials to
the general public;
(3)
Persons who, without compensation or remuneration, engage in peddling,
solicitation, or canvassing on behalf of any public recognized religious,
educational, civic or charitable organization;
(4)
Persons selling goods, wares and merchandise if the proceeds of the
sale are to be applied to any charitable or philanthropic purpose;
(5)
Newspaper carriers along their normal and regular delivery routes;
(6)
Farmers selling their own produce;
(7)
Children under the age of 18 years who take orders for and deliver
newspapers, greeting cards, wrapping paper, pretzels, sandwiches,
cookies, candy, bakery products, and the like, or who represent their
school, or for Boy Scouts, Girl Scouts or similar organizations;
(8)
Insurance agents or brokers licensed under the insurance laws of
the commonwealth selling or taking orders for such products;
(9)
Residents selling goods at a yard or garage sale or the like, if
such goods are owned by the residents and the sale occurs on that
resident's property or at a community sponsored sale; or
(10)
Persons engaged in home business who leave magazines or similar
items or hang such items on doors or mailboxes.
A.
Any person who wishes to engage in peddling, solicitation or transient
retail business must obtain a license as set forth hereafter, and
must possess and display or exhibit said license at all times while
engaged in peddling or soliciting. No person licensed as a solicitor
or peddler under this chapter shall occupy any fixed location upon
any of the streets, highways, alleys or sidewalks of the City for
the purpose of soliciting or peddling with or without any stand or
counter without obtaining a permit in accordance with this chapter.
B.
No property owner or resident of the City shall allow a transient
retail business to operate in the City on property which said owner/resident
owns and/or controls without a license as prescribed in this chapter.
C.
Any person who wishes to engage in canvassing must first obtain a
permit as provided for hereafter, and must possess and display or
exhibit said license or permit at all times while engaged in canvassing.
A.
All licenses or permits required by this chapter shall be applied
for and issued by the City Code Office. The City Code Office is hereby
empowered and charged with the duty of creating, accepting and reviewing
all applications for licenses and permits and for promptly issuing
licenses and permits upon payment of the fees as provided by this
chapter.
B.
Every person desiring to engage in soliciting or peddling, in the
operation of a transient retail business in the City, or for a permit
to canvass shall first make application to the City Code Office for
the appropriate license. The application shall be upon a form provided
by the City Code Office and shall contain at least the following information,
which shall be verified by oath or affirmation:
(1)
Full name of the applicant and local address, if any.
(2)
Permanent address.
(3)
Name of employer or a statement that such applicant is self-employed.
(4)
The nature of the goods, wares, services or merchandise offered for
sale.
(5)
A statement as to whether or not the applicant, or any person who
will be engaging in any activity within the City of Shamokin, has
ever been convicted of any non-traffic-related offense or any crime
where the minimum punishment could have been in excess of one year
in jail and, if the answer is affirmative, the nature of the offense
or offenses and the punishment or punishments imposed.
(6)
The type and license number of any vehicles to be used.
(7)
Upon request, the applicant shall furnish a photograph of each person
who will be engaging in any activity within the City of Shamokin (photo
ID required).
(8)
Statement of whether a helper or helpers is required and the identity
of said helper or helpers.
A.
The fee which must be paid prior to the issuance of a license for
peddling, soliciting or transient retail business shall be on a daily,
monthly or yearly basis and shall be established from time to time
be resolution of the City Council. License fees for a transient retail
business shall include an application fee and a monthly fee for each
month of operation of said business. Monthly license fees for transient
retail businesses shall be assessed by the month, and a fee for a
full month shall be paid for any portion of a calendar month that
a transient retail business is operated.
No person, whether licensed, permitted or otherwise, shall knock
at a door, ring the doorbell, or enter onto the property of or enter
any neighborhood, apartment building or dwelling unit upon which is
affixed notice that "no peddler permitted" or "no solicitation permitted"
or similar language prohibiting peddling, solicitation or canvassing,
unless such peddler, solicitor or canvasser is or has been invited
upon the premises by the owner, licensee or occupant thereof.
No license or permit permits any person to infringe on the privacy
of another. Nothing in this chapter shall be construed in any way
to allow any person to engage in any actions that are in violation
of any of the laws of this commonwealth or of the United States of
America.
A license granted pursuant to this chapter for peddling or soliciting
shall be valid until December 31 of the year in which issued and,
upon the expiration of any license, if the person holding the same
desires to continue or renew soliciting or peddling, he shall be required
to file a new application for a license and pay a new license fee.
A license granted pursuant to this chapter for operating a transient
retail business shall be valid for the period of time paid for at
the time of application and, upon expiration of the license, if the
person holding the same desires to continue or renew the license,
he shall be required to file a new application for a permit, pay a
permit application fee and pay the applicable monthly fee. No transient
retail business can operate in excess of 180 days in a calendar year.
A permit granted pursuant to this chapter for canvassing shall
be valid for this period paid for at the time of application, and
upon the expiration of any permit, if the person holding the same
desires to continue or renew canvassing, he shall be required to file
a new application for a permit and pay a new fee.
No licensee or permittee under this chapter shall engage in
solicitation, peddling or canvassing between the hours of 6:00 p.m.
through 9:00 a.m.
Upon good cause shown, the City shall have the power and authority
to suspend or revoke any license or permit issued under this chapter
at any time with notice, in writing, to the holder. No part of a license
fee shall be refunded to any person whose license has been suspended
or revoked. Appeals from any suspension or revocation may be made,
in writing, within 10 days after such suspension by requesting a hearing
in front of the City Council.
In addition to the penalty of suspension or revocation of a
license or permit as provided above, any person who violates any provision
of this chapter, including peddling, soliciting or canvassing without
a license or permit, upon conviction thereof shall be sentenced to
pay a fine of not more than $500, plus costs, and, in default of payment
of said fines and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation continues shall constitute a new and
separate offense.
This chapter shall become effective immediately.
