Definitions of terms used in the Code of the Township of West Brandywine are set forth in Chapter
1, General Provisions, Article
III, Terminology.
Upon review of the application, the Chief of Police may refuse
to issue a license to the applicant for any of the following reasons:
A. If the application is incomplete.
B. If the information provides a reasonable basis for determining that
the public health, safety, and welfare of Township residents will
be threatened by the issuance of a license to the applicant.
C. If there are misrepresentations in the application, or if any fraud
or deceit is identified within the application, or if fraud or deception
has been identified in the practices of the applicant, organization
or agent thereof.
D. Failure to comply with any law concerning soliciting, peddling, consumer
sales, of the General Business Law of the Commonwealth of Pennsylvania.
E. Sale or offering for sale of illegal merchandise.
F. Employment of a felon or wanted person.
G. Conviction for any crime involving moral turpitude; or
H. The prior violation of this chapter by the individual issued the
license.
Any license issued under this chapter may be revoked or suspended
by the Chief of Police or the designee for any of the following reasons:
A. Fraud, misrepresentation, or false statement contained in the application
for a license.
B. Fraud, misrepresentation, or false statement made by the licensee
while peddling or soliciting.
C. Peddling or soliciting in violation of this chapter or contrary to
the provisions contained in the license.
D. Conviction for any crime involving moral turpitude; or
E. Peddling or soliciting in such a manner as to create a public nuisance,
a breach of the peace, endanger the health, safety or general welfare
of the public, or otherwise in violation of local, state or federal
law.
Any person aggrieved by a determination of the Police Chief
made under this chapter shall have the right of appeal to the West
Brandywine Board of Supervisors. The appeal shall be taken by filing
written notice of appeal with the Chair of the Board of Supervisors
within 10 calendar days of the determination by the Police Chief.
The notice of appeal shall identify with specificity the grounds for
appeal. A hearing on the denial shall be scheduled for the next regular
meeting of the Board of Supervisors following the receipt of appellant's
notice of appeal. Said hearing shall be held in accordance with the
Local Agency Law, § 5 (2 Pa.C.S.A. § 551, et seq.).
No person shall engage in soliciting or peddling between the
hours of 8:00 p.m. and 8:00 a.m. Monday to Saturday. There shall be
no solicitation or peddling on Sundays or holidays.
It shall be unlawful for any person while either peddling or
soliciting to knock, ring the doorbell, or otherwise attempt to gain
the attention of the occupant(s) of the residence other than at the
primary entrance to the residence.
No person licensed as a solicitor or peddler under this chapter
shall park any vehicle upon any of the streets or highways of the
Township in order to sort, rearrange or clean any of his goods, wares,
services, or merchandise; nor shall any such person place or deposit
any refuse on any such streets or highways; nor shall any such person,
place or deposit any refuse on any such streets, highways or private
property; nor shall any such person maintain or keep a street or curbstone
market by parking any vehicle upon any street or alley in the Township
for longer than necessary in order to sell therefrom to persons residing
in the immediate vicinity.
No person licensed as a solicitor or peddler under this chapter
shall occupy any fixed location upon any of the streets, highways,
or sidewalk of the Township for the purpose of soliciting or peddling
with or without any stand or counter.
As condition to receive a license, the license holder shall
comply with the West Brandywine Township Zoning Ordinance.