CROSS REFERENCES
Transient merchants — See Ch. 836.
STATUTORY REFERENCES
License fee exemptions — See Borough Code, 8
Pa.C.S.A. §§ 2901, 2904.
Power to license and regulate peddling — See
Borough Code, 8 Pa.C.S.A. § 1202(20).
Power to license transient retail business — See
Borough Code, 8 Pa.C.S.A. § 2901.
[Ord. 360, passed 8-31-1976; Ord. 426, passed 4-5-1982; Ord. 796, passed 5-1-2017]
No person shall, without first having made application to the
Borough Secretary for the license herein required and paid the fee
herein required, do any of the following acts or engage in any of
the following activities within the Borough:
(A)
Conduct, whether as principal or agent, a transient retail business
for the sale of any goods, wares or merchandise of any kind;
(B)
Canvass from house to house for the purpose of selling or offering
for sale or taking orders for the sale of any goods, wares or merchandise
of any kind, or books, periodicals or other publications of any kind;
(C)
Hawk, huckster or peddle any goods, wares or merchandise of any kind;
(D)
Engage in the business of buying or collecting, itinerantly along
the streets of the Borough or from house to house, any refuse or discarded
materials of any kind; or
(E)
Canvas from house to house for the purpose of soliciting donations,
contributions or gifts for any purpose whatsoever except those exempted
by § 828.12 herein.
[Ord. 360, passed 8-31-1976; Ord. 796, passed 5-1-2017]
The license required by § 828.01 shall be void and
of no effect following 60 days from the date of issuance thereof.
[Ord. 796, passed 5-1-2017]
The fee for the license required by § 828.01 shall
be as set forth in § 208.03(C) of the Administration Code.
All fees herein required shall be collected by the Secretary of the
Borough and paid into the treasury of the Borough.
[Ord. 426, passed 4-5-1982; Ord. 796, passed 5-1-2017]
(A)
The application for a license required by § 828.01 shall
be made upon a form that shall be available from the Borough Secretary.
Any person desiring to obtain a license to engage in the activities
herein shall make application therefor, in person, to the Borough
Secretary no more than 30 days and no less than 10 days prior to the
date of the proposed sale.
(B)
The applicant shall, together with his or her application, submit
to the Borough Secretary his or her photograph and the applicant's
criminal history report, obtained from the applicant's state
of residency and dated no more than 90 days before the date of the
application, a copy of his or her state-issued photo identification,
a two by two photograph taken no more than 30 days prior to the date
of the application and shall pay the fee as set forth under § 828.03
of this chapter.
(C)
Upon submission of the application together with the supporting documentation
as provided herein and fee as aforesaid, the Borough Secretary, after
approval by the Chief of Police, may deny the issuance of a license
for cause in the case of any person not satisfying the provisions
of this chapter; or in the event that the conduct of the proposed
soliciting and/or peddling would be injurious to the public health,
safety or general welfare; or in the event that the background check
indicates that the applicant has been convicted of any felony or misdemeanor
who is still under court-ordered supervision of any kind as a result
of said conviction(s); otherwise the Borough Secretary shall issue
a license to the applicant.
[Ord. 360, passed 8-31-1976; Ord. 796, passed 5-1-2017]
The license issued under the provisions of this chapter shall
not be transferable.
[Ord. 426, passed 4-5-1982; Ord. 796, passed 5-1-2017]
None of the acts or activities requiring a license under this
chapter shall be carried on before the hour of 10:00 a.m. and no more
than one-half hour before sunset or no later than 7:00 p.m. (whichever
is earlier) unless such peddler or solicitor has been specifically
invited to a house by the occupant or having made an appointment with
such person previously.
[Ord. 213, passed 6-10-1963; Ord. 796, passed 5-1-2017]
No person procuring a license under this chapter shall be permitted
to use any whistle, horn, siren or other noise or signal to attract
attention to his or her business.
[Ord. 213, passed 6-10-1963; Ord. 796, passed 5-1-2017]
Police officers and special police officers of the Borough shall
arrest any person who fails to show a license issued under authority
of this chapter when requested to do so by such officer or special
police officer.
[Ord. 213, passed 6-10-1963; Ord. 796, passed 5-1-2017]
The Secretary of the Borough shall prior to each Council Meeting,
send to Council a list of all persons to whom licenses have been granted
since the last report to Council, which list shall contain the names
of the persons to whom licenses have been granted, their addresses
and the character of goods, wares and merchandise which the licensee
is entitled to sell or solicit.
[Ord. 796, passed 5-1-2017]
(A)
The Borough Secretary, after approval by the Chief of Police, may
suspend or revoke at any time any license issued under this chapter
if there is a determination that:
(1)
The application for the license contained false information;
(2)
The licensee has been soliciting and/or peddling within the
Borough in a manner which is injurious to the public health, safety
or general welfare;
(3)
The licensee has been convicted of a felony or a misdemeanor
and is under court-ordered supervision of any kind; or
(4)
For just cause.
(B)
Notice of revocation shall be given by written notice personally
served or sent by certified mail to the licensee's current address
with a copy to the employer as listed in the application for license.
(C)
Any person whose license has been revoked shall be entitled to appear,
if he or she so desires, before the Borough Council at a regular or
special meeting and be heard with regard to a request for reinstatement
of his or her license.
(D)
A violation of this section shall render the applicant liable to
the penalty as set forth in § 828.99.
[Ord. 796, passed 5-1-2017]
Every person to whom a license has been issued hereunder shall,
in the carrying on of his or her business or activities in the Borough,
comply with the following rules of conduct:
(A)
He or she shall carry his or her license card at all times and exhibit
it upon request to any police officers or special police officers
of the Borough or any person upon whom he or she shall call or with
whom he or she shall talk in carrying on his or her licensed activities.
(B)
He or she shall not permit any other person to have possession of
his or her license card and shall immediately report its loss to the
Borough Secretary.
(C)
He or she shall not cause or permit his or her license card to be
altered or defaced.
(D)
He or she shall follow established walkways, driveways, or pathways
only and seek entrance to a dwelling or business by the primary entrance
to such dwelling or business.
(E)
He or she shall not enter or attempt to enter any dwelling house
or business in the Borough without invitation or permission of the
occupant and shall immediately leave any premises upon request.
(F)
He or she shall not represent his or her license card to be an endorsement
of himself or herself or of his or her goods or services or of the
goods or services of his or her principal employer.
(G)
He or she shall immediately surrender his or her license card upon
revocation of his or her license as hereinbefore provided.
(H)
He or she shall comply with "No Soliciting" notices on any property
or business in the Borough.
[Ord. 796, passed 5-1-2017]
(A)
The following persons are exempted from the licensing fees required
of this chapter; however, such persons shall complete the license
application and provide the application to the Borough Secretary:
(1)
Persons soliciting contributions in behalf of organizations
or nonprofit corporations or a political entity for the purpose of
political canvassing exempted from the provisions of or duly registered
with the State of Pennsylvania pursuant to 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 the organization or corporation or political entity.
(2)
Persons soliciting funds or canvassing for purposes permitted
under the Act of 1937, June 3, P.L. 1333 (25 P.S. §§ 2601
et seq.), as amended.
(3)
Authorized persons, carrying satisfactory identification, engaged
in making surveys or collecting information for the federal, state,
county, or Brookhaven Borough government, or any agency thereof. Also
exempt shall be authorized persons, carrying satisfactory identification,
engaged in making surveys or collecting information for any bona fide
educational or quasi-governmental agency, if such activity has previously
been approved by the Borough Council.
(B)
In an effort to ensure pedestrian safety and maintain the efficient
flow of traffic, no person, firm, or corporation exempt from licensing
under this section shall distribute flyers, solicit funds, or can
on any roadway, medial barrier, berm, shoulder, or traffic way within
Brookhaven Borough.
(C)
Any person who is exempt under this section or any person who is
engaged in political canvassing shall only conduct such activities
no earlier than 10:00 a.m. and no later than one-half hour before
sunset or 7:00 p.m. (whichever is earlier) and shall comply with the
"Rules of Conduct" of § 828.11 herein.
[Ord. 796, passed 5-1-2017]
Any person who shall violate any provision of this chapter shall,
upon conviction thereof before a District Justice, be subject to a
penalty or fine of not more than $1,000, plus costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
in the county jail for a term not exceeding 30 days, for each such
violation.
