The Board of Supervisors of Reilly Township (Board of Supervisors) finds that door-to-door solicitation, including appointments arranged through cold calling residents of Reilly Township (Township) historically have generated complaints regarding the sale of goods, services, securities, investments, and other products. With unfortunate frequency, many solicitation schemes prey upon the elderly and infirm of the community. Without the requirement that such solicitors obtain a permit from the Township, residents are exposed to higher risk of unfair sales and business practices by businesses and organizations with no physical presence in the Township and therefore less accountable for their business practices. For these reasons, the licensing of such businesses and their solicitor agents is required to protect the public, safety, and welfare.
[HISTORY: Adopted by the Board of Supervisors of Reilly Township 12-20-2017 by Ord. No. 12-1-2017. Amendments noted where applicable.]
A.
It is unlawful for any person or entity to engage in, conduct or carry on any business, exhibition, occupation or service that is based upon solicitation activities as defined below without first having, upon written application, procured a solicitation license from the Chief of the Township's Police Department.
B.
The term "solicitation" as mentioned throughout this chapter has the following meaning:
(1)
The selling or offer to sell or distribute or seeking or taking of contracts or orders for any tangible item, commodities, subscriptions, repairs, improvements or services, or the taking of orders for future delivery of tangible items, commodities, subscriptions, repairs, improvements or services or any request for investments or contributions without appointment or invitation, from house to house, on the streets, sidewalks or in any public place within the Township; and/or
(2)
The distribution of advertising materials for any goods, wares, services, or merchandise on public or private property.
This chapter does not apply to:
A.
Local Girl Scouts, Cub/Boy Scouts, little league members, church representatives and members of similar area organizations when soliciting on behalf of such organizations;
B.
Persons or entities that represent a fixed place of business in the Township which regularly make deliveries, normally not involving personal contact with customers for the purpose of making sales or obtaining orders, over an established route and which only occasionally make calls on persons residing within the area covered by such route for the purpose of obtaining additional customers for such regular deliveries. This provision is intended to cover only such persons as milk delivery persons, newspaper delivery persons and other persons engaged in substantially similar activities;
C.
Persons soliciting charitable contributions on behalf of any nonprofit corporation or nonprofit voluntary unincorporated association organized for charitable purposes or for any Township fire company or booster club with a service base in the Township;
D.
Persons who go from private residence to private residence for political purposes or for the purpose of influencing legislation;
E.
Any person or individual that is merely proselytizing for either religious or political purposes, distributing religious or political handbills at no cost, or exercising the right to anonymous religious or political speech without soliciting any funds and without selling any goods or soliciting for contributions.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Every person or entity claiming to be entitled to exemption from the payment of any license fee or from any other requirement provided for in this chapter upon the ground that such license casts a burden upon his or her right to engage in commerce with foreign nations or among the several states, or conflicts with the laws of the United States respecting interstate commerce, shall file a verified statement with the Township's Chief of Police, disclosing the interstate or other character of his or her business entitling such exemption. The statement shall contain the name and location of the company or firm for which the orders are to be solicited or secured, the name of the nearest local or state manager, if any, and his or her address, the kinds of goods, wares or merchandise to be delivered, the place from which the same are to be shipped or forwarded, the method of solicitation or taking orders, the location of any warehouse, factory or plant within the state, the method of delivery, the name and location of the residence of the applicant, and any other facts necessary to establish such claim of exemption. A copy of the order blank, contract form or other papers used by such person in taking orders shall be attached to the affidavit. The affidavit may be filed by a firm on behalf of one or more employees or representatives of the firm who are subject to the requirements of this chapter.
B.
If the Township's Chief of Police or acting Chief of Police determines that a license fee is not applicable with respect to any person because of interstate commerce requirements, a license fee shall not be required and the person may be issued an exempt license. Such license shall be valid only for the purpose of authorizing solicitation of orders to be filled directly from another state. Any person who is eligible for a license pursuant to this section shall be subject to all applicable provisions of this chapter.
A.
A person or entity may apply for a solicitation license by filing an application with the Township's Chief of Police and paying the required fees, as established by resolution of the Board of Supervisors from time to time. If the application is fully completed, the Chief of Police will take whatever reasonable time is necessary to investigate and verify the application information, and take all reasonable steps to determine whether the person or entity seeking the solicitation license has been convicted of or involved in any crime of fraud or involving moral turpitude before recommending to the Township Secretary whether to issue the solicitation license.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
On the face of each solicitation license there shall be placed each of the following:
Every solicitation license issued by the Township shall include the following conditions:
A.
Between November 1 and February 28 (February 29 in a leap year) of any given year, solicitation activities shall only be conducted between the hours 9:00 a.m. to 6:00 p.m. daily, except on Sundays when the earliest start time shall be 12:00 p.m. Between March 1 and October 31 of any given year, solicitation activities shall only be conducted between 9:00 a.m. and 7:00 p.m., except on Sundays when the earliest start time shall be 12:00 p.m.;
B.
Every solicitor shall display on his or her person the Township-issued solicitor license at all times when conducting solicitation activities and shall produce the license to any law enforcement officer upon demand;
C.
Any other condition reasonably related to protection of the public interest in solicitation activities; and
D.
No solicitor shall knowingly contact or attempt to make contact with a resident or occupant of a residence for the purpose of solicitation if the residence is displaying a sign refusing solicitors and/or solicitation in one inch or larger letters, and the solicitor saw or was aware of or reasonably should have seen or been aware of the sign refusing solicitors and/or solicitation.
A.
Not later than 30 days prior to expiration of the term of a solicitation license, upon written request, the Township Secretary shall transmit to the licensee by mail or other means an application for renewal. The application for renewal shall be on such a form, and include such information, as prescribed and required by the Township.
B.
The application for renewal shall be filed with the Township's Chief of Police not later than the date of expiration of the immediately preceding license, accompanied by the application fee as established by resolution of the Board of Supervisors from time to time. As a condition of processing a solicitation license renewal electronically, the licensee consents to the use of electronic means of notice and expressly acknowledges that his or her submission of his or her electronic signature shall be enforceable in any proceeding as if the renewal was submitted with a manual signature.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A solicitation license issued pursuant to this chapter may be immediately suspended or revoked during its term if the Township's Police Chief or acting Chief determines that one or more of the following grounds exists:
A.
That information in the any application was untrue;
B.
That the Chief of Police has acquired information supporting a finding that one of the persons listed on the application or renewal has a new criminal conviction or a criminal conviction previously undisclosed; or
C.
That the licensee or any one of the licensee's solicitors has violated one or more conditions imposed on the solicitation license.
Any person aggrieved by any decision or action of any Township officer or employee may file a written notice of appeal requesting a hearing before the Board of Supervisors, and thereafter to the Court of Common Pleas of Schuylkill County, Pennsylvania.
A.
A violation by any person or entity of this chapter is unlawful, a public nuisance, and enforceable as a summary offense so that the matter shall be brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney. The fine shall not exceed $1,000 per violation, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
In addition to the penalty provisions stated above, the Township may institute proceedings at law or in equity to compel compliance with this chapter.
This chapter shall be effective immediately upon five days after passage as required by law.