Borough of West Chester, PA Article I Peddling and Soliciting

§ 80-1 Registration and license required.

[Amended 10-15-1997 by Ord. No. 15-1997]

No person, association, partnership, firm or corporation (hereinafter "person") shall, either directly or indirectly, sell goods, wares, merchandise, magazines, periodicals, books or other personal property by canvassing or soliciting or solicit or canvass for contributions in the Borough of West Chester without first having registered with the Borough Manager and obtained a license from the Borough.

§ 80-2 Application requirements.

[Amended 10-15-1997 by Ord. No. 15-1997]

A. Any person desiring to directly or indirectly sell services, goods, wares, merchandise, magazines, periodicals, books, or other personal property by canvassing or soliciting, or solicit or canvass for contributions in the Borough, shall submit a written application to the Borough Manager on a form to be furnished by the Borough, accompanied by two photographs, (two-inch by three-inch minimum) of himself taken within six months prior to the date of application.

[Amended 3-19-2003 by Ord. No. 8-2003]

B. The applicant shall state in such written application his/her name; sex; social security identification number; home and business address and telephone number; the name, address, telephone number and Pennsylvania sales tax identification number of the business, employer or organization, if any, for which he/she desires to undertake the activities which require this registration; the category of goods to be sold; a food vendor's license number for Chester County, if applicable; the length of time he/she wishes to engage in this work, including days of the week and hours; the make and model of vehicle, if any, he/she will use, its registration number, his/her driver's license number; a certificate of automobile liability coverage; a statement as to whether he/she has ever been convicted of a felony, misdemeanor or a crime of any kind and the jurisdiction in which such offense occurred.

[Amended 3-19-2003 by Ord. No. 8-2003]

C. In addition thereto, the application shall contain the signature of the employer as well as of the applicant and shall contain therein the stipulation and agreement on the part of the employer, in consideration of the issuance of such license or permit, to become liable for any and all acts of such applicant while within the Borough of West Chester, in violation of law or otherwise. Such employer liability shall be construed to have no application to bona fide charitable organizations.

D. 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.

E. A license will be valid for one year from the date on which it is issued. Such license may not be transferred from one person to another and shall be considered a personal permit or license. No more than two licenses will be permitted per person. There will be no change of category of goods sold during the period of time for which the permit is in effect.

§ 80-3 Investigation of application; issuance of license.

[Amended 10-15-1997 by Ord. No. 15-1997]

A. Promptly upon receiving any application for a permit to canvass or solicit within the Borough, the Borough Manager shall cause such application and applicant to be investigated by the Borough Police Department. In the event that such investigation should indicate that the granting of such permit would or might be injurious to the public interest or to the public health, safety or morals, the Borough Manager shall have, and is hereby given, the power and authority to refuse to issue such permit. In any instance where the Chief of Police should deem it necessary or advisable to secure and check the fingerprints of any such applicant, refusal of such applicant to voluntarily furnish such fingerprints shall constitute, in and of itself, sufficient and valid grounds for refusal to issue such permit.

B. For approved applicants, the Borough Manager will issue a license, to which one of the applicant's photographs will be affixed, to the applicant within 10 days from the filing of the application.

§ 80-4 Standards of conduct.

[Amended 10-15-1997 by Ord. No. 15-1997]

Every person to whom a license has been issued shall in the conduct of his/her activity comply with the following standards of conduct:

A. He/she shall carry his/her license at all times and exhibit it upon request to any police officer or ordinance officer of the Borough and to any person upon whom he/she shall call or with whom he/she shall talk.

B. He/she shall not permit any person to have possession of his/her license and shall immediately report its loss to the Borough Manager. He/she shall not cause or permit his/her license to be altered or defaced in any way.

C. He/she shall not enter or attempt to enter any dwelling or otherwise remain upon any private property without the invitation or permission of the occupant or property owner and shall immediately leave any premises upon request of the occupant or property owner.

D. He/she shall engage in canvassing or soliciting only between the hours of 9:00 a.m. to 8:30 p.m. Monday through Friday, on Saturday and legal holidays, 12:00 noon to 4:00 p.m. and on Sunday only in the Town Center Zoning District.

[Amended 3-19-2003 by Ord. No. 8-2003]

E. He/she shall not be guilty of any false pretense or misrepresentation, and, particularly, he/she shall not represent his/her identification to be an endorsement of himself/herself or his/her goods or services or of the goods or services of his/her employer.

F. He/she shall inform the Borough Police Department, in writing, of any changes to information supplied on the then-current application within five days of such change.

G. He/she shall immediately surrender his/her license to the Borough of West Chester Borough Manager upon suspension or revocation thereof.

§ 80-5 Suspension and revocation of license.

[Amended 10-15-1997 by Ord. No. 15-1997]

A license may be suspended by the Borough Manager if the holder fails to comply with the standards of conduct and responsibilities contained in § 80-4 of this article. A license may be revoked or suspended upon the basis of fraud, misrepresentation or the making of knowingly false statements in the application, the application process or in the course of conducting the licensed operation.

§ 80-6 Appeals from suspension.

[Amended 10-15-1997 by Ord. No. 15-1997]

Any person whose license has been suspended or revoked shall be entitled to appear before the Borough Council at the next regular or special meeting for the purpose of requesting a hearing on the revocation or suspension, provided that such person has provided Borough Council with written notice of such request at least five business days prior to Borough Council's next regularly scheduled or specially scheduled meeting. If such person does not provide Borough Council with at least five business days' written notice prior to the next regularly scheduled or specially scheduled meeting, Borough Council may, in its discretion, conduct a hearing at such time or schedule a hearing within five business days of such regular meeting or special meeting. Following the hearing, Borough Council may reinstate the license, affirm the revocation of the license or affirm or modify the suspension of the license for a period not to exceed five years. No person shall be denied a license or have such license suspended or revoked except by procedures consistent with due process of law.

§ 80-7 Persons exempt from license and fee requirements.

[Amended 10-15-1997 by Ord. No. 15-1997]

A. The following persons, although subject to all other provisions of this article, are exempted from the registration fee requirements only of this article:

(1) Farmers engaged in selling only the produce of their own farms.

(2) Persons engaged in the sale of goods, wares and merchandise donated by the owner thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose.

(3) Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described below, when so engaged:

(a) Real estate broker.

(b) Insurance broker.

(c) Securities broker.

(4) Political campaign workers.

B. Any persons, organizations or corporations that have 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 Manager and supply information required by § 80-2 of this article. 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 chapter. 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, provided that such business complies with and conducts such sale in accordance with the vendors' responsibilities and guidelines applicable to such special event.

C. These exemptions shall apply to the aforesaid persons only and then only while they are engaged in the activity as aforesaid. At all other times, all the provisions of this article shall apply.[1]

[1] Editor's Note: Former Subsection D, regarding registration of exempted persons, organizations and corporations, which subsection immediately followed this subsection, was repealed 3-19-2003 by Ord. No. 8-2003.

§ 80-8 Persons under sixteen exempt.

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.

§ 80-9 Registration and application fee.

[Amended 10-15-1997 by Ord. No. 15-1997; 3-19-2003 by Ord. No. 8-2003]

Every person who is required to obtain a license to perform the activities specified in § 80-1, and who is not otherwise exempt from the license requirement pursuant to §§ 80-7 and 80-8, shall pay a registration and application fee in the amount of $100 to the Borough at the time the person submits a written application for a license in accordance with § 80-2. At the time of the issuance of the license, such person shall receive information on the business privilege tax, a copy of the ordinance governing peddling and soliciting, rules of conduct for vendors and will be advised of the time and place of an orientation session conducted for the purpose of answering any questions regarding applicable ordinances.

§ 80-10 Prior approval required for fixed location.

Any person licensed under this article or exempt under § 80-7 or 80-8 hereof 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 Manager 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.

§ 80-11 Additional responsibilities.

[Added 10-15-1997 by Ord. No. 15-1997[1]]

A. Every person to whom a license has been issued is responsible for trash removal and cleanup of his or her operations and for maintaining an area within 15 feet of the stand free of all trash generated by the vending operations and for washing the sidewalk area occupied by the stand as necessary.

B. Every person to whom a license has been issued must clean up and remove all trash, litter, garbage and refuse generated by his or her vending operation, provided that such trash, litter, garbage and refuse generated by the vending operation shall not be placed in any public receptacle or in any private property without permission of the property owner.

C. Permitted stands are not to exceed four feet in width, eight feet in length and eight feet in height. The definition of "permitted stand" includes all merchandise extensions and coverings.

D. Any storage area for goods which are not on display should not be visible to the public. Advertising and other signage shall not be temporary paper/handlettered signage. Any sign shall be no more than six square feet and must be mounted on the stand. Items permitted on the sign shall include the name of the stand, a listing of items sold and the price thereof.

[1] Editor's Note: This ordinance also provided for the renumbering of former §§ 80-11 through 80-16 as §§ 80-13 through 80-18.

§ 80-12 Public collection.

[Added 10-15-1997 by Ord. No. 15-1997; amended 12-19-2001 by Ord. No. 17-2001]

Public collection (bucket brigades) shall be conducted in accordance with the provisions of § 80-4. 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.

§ 80-13 Violations and penalties.

[Amended 10-15-1997 by Ord. No. 15-1997]

Any person, firm or corporation violating any of the provisions of this article shall be sentenced to pay a fine of not more than $600, together with costs of prosecution. The imposition of a penalty as provided herein shall not serve to prevent the abatement of any nuisance or to prevent the revocation of the license or license held by any person who shall violate the provisions of this article or any other law or ordinance while engaged in activities licensed under the provisions of this article. Each day of a violation shall constitute a separate offense.