[Ord. No. 77-5, 12-28-1977; Ord. No. 86-7, § 1, 12-3-1986]
Each and every person who or which engages in or conducts, or
proposes to engage in or conduct, any of the following described businesses
or activities within the Township, shall not engage in or conduct
such businesses or activities unless and until such person obtains
a license as hereinafter provided by this article for each such business
or activity to be engaged in or conducted:
A.
Junk dealers, pawnbrokers, hucksters, peddlers, vendors or merchants
of any provisions, goods, wares, services, or merchandise of any kind
or nature, including but not limited to periodicals, books, pictures,
medicines and drugs, whether by vehicle or otherwise, who engage in
or conduct their business or activity along streets, alleyways or
sidewalks, or from door-to-door or person-to-person, or upon the property
of another, or from a given temporary location.
B.
Transient sample merchants, salesmen, and agents soliciting orders
for future delivery of goods, waters, services, or merchandise of
any kind of nature, including but not limited to periodicals, books,
pictures, medicines and drugs, from other than merchants, dealers,
professional persons or organizations, or manufacturing corporations.
C.
Solicitation of contributions of money, goods, or services of any
kind or nature from door-to-door or from person-to-person or upon
property of another.
D.
Distribution of circulars, literature, advertising matter or other
written material of any kind or nature, or sample goods, from door-to-door,
or from person-to-person, or upon the property of another, except:
1.
The distribution of written materials or sample goods by the Unites
States Postal Service;
2.
The distribution of newspapers of general circulation by employees,
agents or general contractors of said newspapers; and
3.
The distribution of written materials or sample goods by transient
sample merchants, salesmen, and agents to merchants, dealers, professional
person or organization, or manufacturing corporations.
E.
The sale or offering for sale to the consuming public as a huckster,
peddler, hawker, traveling merchant or agent any food stuffs, produce,
fruit, vegetables, ice cream, peanuts, lemonade, pretzels, or any
food or food products, or any of them, on the public highway, sidewalks,
from house to house or from private property within West Pottsgrove
Township.
[Ord. No. 77-5, 12-28-1977]
Application for a license required by this article shall be
made to the Township Manager who shall issue such licenses, collect
the license fees prescribed by this article which fees shall be paid
at least once a month to the treasurer, and register the names and
addresses required by this article.
[Ord. No. 77-5, 12-28-1977; Ord. No. 86-7, § 2, 12-3-1986; Ord. No. 09-4, § 5, 3-18-2009]
A.
Except as hereinafter provided by this section, the fee for a license
required by this article shall be as established by resolution of
the Board of Commissioners. Said license fee shall cover only one
individual to be involved in the business or activity for which the
license application is made. In the event that more than one individual
is to be involved in the business or activity, there shall be an additional
license required for each such person, the license fee being computed
at 1/2 the rate as established by resolution of the Board of Commissioners.
B.
When an application is made for an organization, the fee shall be
the same as in paragraph (a) above for such organization, together
with 1/2 of such fee added for each person constituting a part of
such organization engaged in such peddling, merchandising or soliciting
within the Township.
C.
No fee whatsoever shall be required to obtain a license for the following
businesses or activities:
1.
Farmers selling their own produce.
2.
The sale of goods, wares, and merchandise, donated by the owners
thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose.
3.
Manufacturers or producers in the sale of bread and bakery products,
meat and meat products, and milk and milk products.
4.
Insurance companies, or their agents or insurance brokers, authorized
to transact business under the insurance laws of the Commonwealth
of Pennsylvania.
5.
The hawking, peddling and vending of any goods, wares or merchandise,
or the solicitation of trade by honorably discharged soldiers, sailors
and marines of the military or naval service of the United States
who comply with the acts of the general assembly regulating the licensing
of such hawking, peddling, vending and solicitation by ex-servicemen.
6.
Any business or activity carried on for a religious, charitable or
political purpose.
7.
Persons 16 years of age or under who are residents of the Township.
[Ord. No. 77-5, 12-28-1977; Ord. No. 86-7, § 3, 12-3-1987]
Each and every applicant for a license required by this article,
whether such applicant is or is not required to pay a fee for such
license, shall register with the Township Manager:
A.
His or its name and address.
B.
The name and address of each of the individuals to be involved in
the business or activity for which the license application is made
and their previous criminal record, if any.
C.
The name and address of the person for whom or for which he or it
is working or representing and the length of time for which the license
is to be issued.
D.
The name and address of the person who or which is producing, supplying,
manufacturing, or selling the provisions, goods, wares, services,
merchandise, literature or other written materials in which he or
it is dealing or which he or it is distributing.
E.
The type of vehicle he or it uses, if any, and its registration number.
[Ord. No. 77-5, 12-28-1977; Ord. No. 86-7, § 4, 12-3-1986]
A.
Any license issued pursuant to this article shall be valid only during
the calendar year in which it is issued and only during the hours
between 9:00 a.m. to 5:00 p.m., prevailing local time. Provided, however,
that on the last Monday in May (Memorial Day), thru and including
the first Monday in September (Labor Day), such licenses shall be
valid during the hours between 9:00 a.m. to 8:00 p.m., prevailing
local time.
B.
No license shall be valid and no person shall engage in soliciting
or peddling at any time on Sunday or upon any other day of the week
before 9:00 a.m. or after 5:00 p.m. (or 8:00 p.m. as set forth above)
except upon invitation from or an appointment with the Township resident.
[Ord. No. 77-5, 12-28-1977]
In any business or activity for which a license is required
by this article, and during the course of which goods or written materials
are to be sold or distributed from door-to-door, or from person-to-person,
or upon the property of another, all such goods or written materials
either shall be handed to the occupant of the premises or shall be
enclosed in envelopes or wrappers and places upon the premises in
a reasonably secure manner. No such goods or written material shall
be placed, and no attempt shall be made to place such goods or written
materials, on or about the person of another without the consent of
the other, or on or about a vehicle.
[Ord. No. 86-7, § 5, 12-3-1986]
No person engaged in soliciting or peddling shall hawk or cry
his goods, wares, merchandise, offer his contracts or services upon
any of the streets or sidewalks of the Township, nor shall be use
any loudspeaker, harm, or other device for announcing his presence,
by which members of the public are annoyed.
[Ord. No. 86-7, § 5, 12-3-1986]
No person engaged in soliciting or peddling shall park any vehicle
upon any of the streets or alleys of the Township in order to sort,
rearrange or clean any of his food stuffs, produce, vegetables, other
food stuffs, goods, wares, or merchandise or samples, order books,
contracts, circulars, literature, or advertising matter pertaining
thereto; nor may any such person place or deposit any refuse upon
any such streets or alleys; nor may any such person maintain or keep
a street or curbstone market or soliciting or peddling office by parking
any vehicle upon any street or alley in the Township for longer than
necessary in order to solicit from or peddle to person residing in
the immediate vicinity.
[Ord. No. 86-7, § 5, 12-3-1986]
No person engaged in soliciting or peddling shall occupy any
fixed location upon any of the streets or alleys or sidewalks of the
Township for the purpose of soliciting or peddling with or without
any stand or corner. Upon application, the Board of Commissioners
of West Pottsgrove Township may permit for charitable, Township, or
philanthropic functions, the temporary use of the streets, alleys,
and sidewalks of the Township for fund raising activities.
[Ord. No. 86-7, § 5, 12-3-1986]
The Township Health Officer or a designated Township representative
may at any time inspect the vehicle or container or type of equipment
from which food is to be sold to the consuming public, in order to
determine that it meets Township health and sanitation requirements.
[Ord. No. 86-7, § 5, 12-3-1986]
Every solicitor or peddler shall at all times while engaged
in soliciting or peddling in the Township, carry evidence of such
registration upon his person, and shall exhibit such evidence upon
request to all Police Officers, Township officials and citizens. No
solicitor or peddler shall engage in selling or offering for sale
or in seeking or taking of orders or contracts for any goods, wares,
merchandise, articles, devices, subscriptions, contributions, service
or contract not mentioned upon said license, nor shall any person
use any vehicle for soliciting or peddling other than the vehicle
registered upon his license.
[Ord. No. 77-5, 12-28-1977]
No license issued pursuant to this article shall authorize or
excuse any breach of law, or any trespass upon the rights of others,
or render the Township liable for any damages whatsoever that may
be committed or caused under color of said license.
[Ord. No. 77-5, 12-28-1977; Ord. No. 86-7, § 7, 12-3-1986]
A.
The Township Manager may at any time revoke any license issued pursuant
to this article, if there shall have been committed any breach of
the terms or conditions under which the license was issued, including
the standards of conduct established under this chapter, or upon the
ascertainment that the licensee has made any false statements in the
application for license hereunder, or upon such licensee being arrested
and convicted for any crime involving moral turpitude. Notice of the
revocation of the license shall be effective when issued and shall
be given by ordinary mail addressed to the address given in the license
application. The Township Manager shall make and maintain a record
of all license revocations in his office. From the time of such notice
of revocation, any act done under color of such license shall subject
the person doing or suffering to be done to the same penalty as if
he or it had done such act without such license.
B.
Any person whose license has been revoked shall be entitled to appear,
with counsel if desired, before the Board of Commissioners of West
Pottsgrove Township at a regular or special meeting and be heard on
behalf of a request for reinstatement of said license.
