This chapter is intended to regulate peddling and soliciting
activities in the Borough of Downingtown to ensure the public welfare
and to protect against criminal activity, including fraud and burglary;
minimize the unwelcome disturbance of citizens and the disruption
of privacy; and to otherwise preserve the public health, safety and
welfare by regulating, controlling and licensing peddlers and solicitors,
including but not limited to door-to-door peddlers and solicitors
and ice cream or frozen dessert street vendors. This chapter also
provides a means for residents to prohibit door-to-door sales and
solicitations at their homes by properly posting a sign indicating
that solicitors are prohibited. This is important for parents who
may have children at home and who do not want them exploited, annoyed
or alarmed by strangers.
As used in this chapter, the words and phrases herein defined
shall have the following meanings unless the context otherwise requires:
BOROUGH
The Borough of Downingtown.
CASUAL CRAFTERS OR ARTISTS
Persons making, by their own hand and labor, novelties, trinkets,
or jewelry such as may be crafted from wood, stone or metal and other
media, or drawings, paintings, and sketches.
GOODS
Any goods, wares, foodstuffs, merchandise or services offered
for sale, whether or not displayed. This does not include frozen dairy
and nondairy desserts offered for sale by ice cream or frozen dessert
street vendors.
ICE CREAM OR FROZEN DESSERT STREET VENDOR
A person who travels by any type of vehicle bearing a sticker
containing a Pennsylvania frozen dessert license number, whether motorized
or not, upon the improved portion of any street, selling or offering
for sale any single-serving frozen dairy or nondairy dessert. Frozen
dessert shall have the same meaning set forth in Pennsylvania's
Frozen Dessert Law, 31 P.S. § 417-1 et seq.
PEDDLER
Any person who goes upon the premises of any private residence
in the Borough, not having been invited by the occupant thereof, or
any person who goes upon the Borough streets, sidewalks or other public
place, carrying or transporting goods, wares, merchandise or personal
property of any nature and offering the same for sale.
PEDDLING
Includes all activities ordinarily performed by a peddler
as indicated under the definition of "peddler" herein.
POINT OF SALE
The actual location of a peddling or soliciting activity,
primarily characterized by physical separation from any other peddling
or soliciting activity.
PUBLIC PLACE(S)
Any highway, street, park, sidewalk, cemetery, playground,
parking area, school ground, public beach, skating rink, or any privately
owned property that is open to the public or any other place to which
the public or a substantial group of persons has access, including,
but not limited to, transportation facilities, schools, places of
amusement, and hallways, lobbies and other portions of apartment houses
and hotels not constituting rooms or apartments designed for actual
residence and any other public lands or property owned, operated or
controlled by the Borough of Downingtown whether located within or
without said Borough of Downingtown, or any other municipality or
public agency.
SOLICITING
Includes all activities ordinarily performed by a solicitor
as indicated under the definition of "solicitor" herein.
SOLICITOR
Any person who goes upon the premises of any private residence
in the Borough, not having been invited by the occupant thereof, or
any person who goes upon any Borough street, sidewalk or other public
place, for the purpose of offering, taking or attempting to take orders
for the sale of goods, merchandise, wares, or other personal property
of any nature for future delivery, or for services to be performed
in the future, or for the solicitation of support or donations where
said support or donation is unsolicited by the person or entity being
solicited.
Every person subject to the provisions of this chapter shall
file, in person, with the Code Enforcement Office an application,
in writing, on a form furnished by that office, at least three business
days in advance of the beginning of soliciting or peddling activities
in the Borough, which shall provide the following information:
A. Proof of age, address and identification of the applicant, to be
provided through the applicant's driver's license, or other
legally recognized form of identification, along with proof of a clean
criminal background.
B. A brief description of the business or activity to be conducted as
well as the requested location where it will be conducted.
C. A listing of all vehicles to be used in the peddling or soliciting
activities.
D. A food vendor's license issued by Chester County, if applicable.
E. If employed, the name, address and telephone number of the employer,
or if acting as an agent, the name, address and telephone number of
the principal who is being represented, with credentials in written
form establishing the relationship and the authority of the employee
or agent to act for the employer or principal as the case may be.
F. A statement as to whether or not the applicant has been convicted
of a felony, misdemeanor or local law violation (other than traffic
violations), the nature of the offense or violation, the penalty or
punishment imposed, the date when and place where such offense occurred,
and other pertinent details.
G. Proof of possession of any license or permit which the applicant
is required to have under federal, state, county or local law in order
to conduct the proposed business.
H. An acknowledgment that the applicant is aware of and understands
regulations set forth in this chapter and when peddling or soliciting
is prohibited.
Upon review of the application, the Code Enforcement Office
may refuse to issue a permit to the applicant for either 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 will be threatened by issuance
of a permit 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 or
consumer sales, of the General Business Law of the Commonwealth of
Pennsylvania;
E. Sale or offering for sale of illegal merchandise; or
F. Employment of a felon or wanted person.
Any permit issued pursuant to this article shall be for a term
of no less than 30 days and no greater than one year, to be determined
by the Code Enforcement Office.
At the same time the permit is issued, the Code Enforcement
Office shall issue to each permittee a copy of the permit which shall
be carried by the permittee and produced upon demand of any buyer,
prospective buyer, or any police officer, code enforcement officer
or other public servant of the Borough of Downingtown at all times
while the permittee is soliciting or peddling in the Borough.
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.
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 a residence in the Borough where
the owner, occupant, or person legally in charge of the premises has
posted at the primary entrance to the premises, or at the entry to
the principal building on the premises, a sign bearing the words "no
peddlers," "no solicitors," or words of similar import.
It shall be unlawful for any person to engage in peddling or
soliciting activities from any vehicle, pushcart, stand or temporary
stand, device, trailer or other conveyance while upon the improved
portion of any street, avenue or alley within the Borough. This section
shall not apply to the following:
A. The delivery of previously ordered merchandise.
B. The sale of ice cream or frozen dessert from vehicles regulated under Article
II of this chapter.
C. The sale of food and/or beverages from vehicles when permitted under
this chapter and other applicable laws and regulations.