From and after the effective date of this article, it shall be unlawful for any person, association, partnership, firm or corporation (hereinafter "person") not exempted by § 313-7 hereof, who is not the holder of a valid and unexpired license issued pursuant to this article to engage in canvassing, selling, purchasing or soliciting the sale or purchase of food, printed matter, services, goods, wares or merchandise of any description, or in soliciting contributions, gifts or pledges of money or any other thing of value by visitation to private homes or residences, business establishments, or on public streets or highways within the legal boundaries of the Borough of Avondale.
[HISTORY: Adopted by the Borough Council of the Borough of Avondale 12-21-2010 by Ord. No. 230. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Any person, not exempted under § 313-7 hereof, desiring to obtain a license to engage in the activities described in § 313-1 hereof shall make application therefor, in person, to the Borough Secretary. The applicant shall supply, over his/her signature, verified by oath or affirmation, the following information on the application form:
(1)
Full name;
(2)
Place and date of birth;
(3)
Temporary address, if any;
(4)
Residence and business addresses;
(5)
The address at which the person will receive notices under this article;
(6)
The name and address of the applicant's employer or principal, if any, and the nature of the business activity thereof;
(7)
Make and model of vehicle, if any, and its registration number;
(8)
Copy of a driver's license number or other valid form of identification;
(9)
The nature of the goods to be sold, and the business or activity in which the applicant wishes to engage within the Borough;
(10)
A statement sufficient to show that funds solicited will be used for a bona fide charitable purpose, when applicable; and
(11)
A statement as to whether the applicant has been convicted in any jurisdiction of any crime other than summary traffic violations, and if so, of what crime or crimes, in what jurisdiction(s), and the date(s) of such conviction(s). A license will not be issued to any person who has been convicted of a felony, misdemeanor or a crime of any kind involving moral turpitude, and such person shall not be allowed to engage in canvassing and soliciting in the Borough.
B.
Between the date of application and the date of issuance of the permit, if in fact such a permit is issued, the Borough shall have 10 working weekdays to verify the information as given on the application form.
C.
Upon submission of said application, the payment of any required fee, and verification of the information provided on the application form, the Borough Secretary may issue to the applicant a license to engage in the activities specified for a period of one year from the date of issuance, provided that the Borough Secretary may refuse to issue a license if he or she has reason to believe that false information has been provided on the application.
Every person to whom a license has been issued (the "licensee") shall, in the carrying on of the licensed activities in the Borough, comply with the following rules of conduct:
A.
The approved licensee shall carry the license card at all times and exhibit it upon request to any police officer, Borough official or any person upon whom the licensee shall call or contact in carrying on the licensed activities.
B.
The approved licensee shall not permit any other person to have possession of the license card and shall immediately report its loss to the Borough Secretary. The licensee shall not cause or permit the license card to be altered or defaced.
C.
The approved licensee shall not enter, or attempt to enter, any private residence, dwelling house or business establishment without invitation or permission of the occupant, or posted with a "no solicitation" sign, and shall immediately leave any such premises upon request.
D.
The approved licensee shall not represent the license card to be an endorsement of the licensee, the goods or services being offered or the beneficiary of the solicited contributions.
E.
The approved licensee shall not engage in any business or activity authorized under this article except Monday through Friday between the hours of 8:00 a.m. current prevailing time and 8:00 p.m. current prevailing time or sunset, whichever occurs earlier; and Saturdays between 9:00 a.m. current prevailing time and 5:00 p.m. current prevailing time. No business or activity shall occur on Sundays or federal legal holidays.
F.
The approved licensee shall not permit the throwing or discarding of any papers, debris or trash upon the public streets or public or private property in the Borough.
G.
The approved licensee shall not conduct his/her activity at any geographical location within the Borough that is deemed to be unsafe due to traffic hazards or other similar situations by the Borough Secretary.
H.
The approved licensee shall immediately surrender the license card upon expiration or revocation of said license as herein provided.
Any issued license may be revoked by the Council of the Borough of Avondale upon the failure of the licensee to comply with the standards of conduct established by § 313-3 herein or upon ascertainment that the licensee has made any false statement in the application for the license. Notice of revocation shall be given by written notice, personally served or sent by regular and certified mail, to the address designated for this purpose in the application for license.
Any person whose license has been revoked shall be entitled to appear before the Borough Council at a regular or special meeting and be heard on a request for reinstatement of said license.
Any person licensed or exempt under this article shall not occupy any fixed location upon any private property, street or alley of the Borough for the purpose of engaging in the business aforesaid, with or without any stand or counter, except with the prior approval of the property owner or Borough. Notwithstanding any such prior approval, the Borough police, Borough Secretary or their authorized designee may require any such licensee to abandon any location which is hazardous to traffic or passersby, or which otherwise significantly obstructs the movement of traffic or passersby, or otherwise upon the request of the owner of any location on which such person is situate.
The following exemptions from fees and licensing may be granted by the Borough Secretary upon verification of compliance with one of the following criteria.
A.
Persons soliciting funds on behalf of charitable organizations exempted from the provisions of, or duly registered under the Solicitation of Funds for Charitable Purposes Act,[1] who while soliciting are possessors of a card or other written evidence of their appointment or authority to solicit for said charitable organization.
[1]
Editor's Note: See 10 P.S. § 162.1 et seq.
B.
Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds thereof to be applied to recognizable charitable or philanthropic purposes.
C.
The provisions of this section are only partially applicable to charitable, religious or philanthropic organizations engaged in the same or similar types of activities described in § 313-1. Such charitable, religious or philanthropic organizations are not required to pay a license fee but are required to obtain a license from the Borough.
D.
Persons who have been licensed by the Commonwealth of Pennsylvania to engage in the sale of real estate, insurance, or securities.
E.
This article shall not apply to boys or girls under the age of 16 years who take orders for and deliver newspapers, greeting cards, candy and the like, or who represent the Boy Scouts and Girl Scouts or similar organizations and take orders for and deliver cookies and the like.
F.
Any person that has received approval from Borough Council to conduct a special event within the Borough shall be responsible for the vendors participating within the boundaries of that event. The organizer of the event shall register each vendor with the Borough Secretary and supply information required by § 313-2A above. Registered vendors will receive permission to operate their stands for that special event only and will not be required to pay the registration fee required by this article. No other vendors will be permitted within the boundary area of such event during the time period designated for the special event. Existing businesses in the Borough will be permitted to sell merchandise in the area adjacent to the business.
G.
Farmers selling their own produce.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Public collection (bucket brigades) shall be conducted in accordance with the provisions of § 313-3 above. Each person participating in the public collection shall identify on his or her body the name of the organization or cause which the funds are collected for. No public collection will be permitted on Sunday. Only one nonprofit or charitable organization will be permitted to conduct a public collection on any permitted day or within any permitted time period. A nonprofit or charitable organization shall be permitted to conduct a public collection twice per calendar year, provided that each collection is at least six months after the last public collection conducted by such nonprofit or charitable organization.
A.
No handbill or sample or other article or sign for advertising or informational purposes (hereinafter "handbill") shall be posted, cast, thrown or scattered or caused to be posted, cast, thrown or scattered in or upon any of the streets, sidewalks or other public places of the Borough or in or upon any private yard, walkway, driveway or porch, but shall be delivered to the owner, occupant or other person then present in or upon such private premises. No handbill shall be delivered to any private premises if anyone thereon so requests or if there is placed on the premises, in a conspicuous place near the entrance thereof, a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertising" or any similar notice indicating in any manner that the occupants of said premises do not desire to be bothered or have their right of privacy disturbed or to have any such handbills left upon such premises.
B.
No handbill shall be posted in any right-of-way, in any window, or on any lamppost, sign, signpost, public utility pole, tree or any private or public building, property or structure, except as may be required by law.
A.
Any person who fails to comply with any provision of this article shall be in violation and subject to the penalties of this § 313-10. Each sale, purchase, solicitation, or offer to sell, purchase or solicit regulated by this article shall constitute a separate violation of this article. Each falsified application form submitted shall constitute a separate violation of this article.
B.
Any person who violates or permits the violation of any provision of this article shall be notified of such violation, in writing, by regular and certified mail, and assessed a fine of $50 per violation by the Borough Secretary. The violator shall have 10 days from the date of the violation notice to pay the fine to the Borough.
C.
Upon failure to pay the fine referenced in § 313-10B hereinabove, the violator shall be prosecuted in accordance with the Pennsylvania Rules of Criminal Procedure applicable to summary offenses. Upon conviction, the violator shall be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]