[HISTORY: Adopted by the Board of Supervisors of the Township of Bern 5-6-1966 by Ord. No. 14. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated:
PEDDLER
Any person who shall engage in peddling as hereinabove defined.
PEDDLING
The selling or offering for sale of any goods, wares, services or merchandise for immediate delivery which the person selling or offering for sale carries with him in traveling, or has in his possession or control, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property within said township.
PERSON
Any natural person, association, partnership, firm, organization or corporation.
SOLICITING
The seeking or taking of contracts or orders for any goods, wares, services or merchandise for future delivery, or for subscriptions or contributions, upon any of the streets or sidewalks; or from house to house; or by visitation to private residences; or by entering in or upon private property; within the Township of Bern and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations; and also orders or contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon or from the places aforesaid within said township.
SOLICITOR
Any person who shall engage in soliciting as hereinabove defined.
TRANSIENT RETAIL BUSINESS
The entering into, beginning or carrying out of any temporary business for the sale of any goods, wares or merchandise whatsoever by which the person hires, leases, occupies or uses any room, apartment, store, shop, building, railway car or other place or structure for the exhibition and sale of such goods, wares or merchandise within said township.
B. 
Exceptions.
(1) 
The words "soliciting," "peddling" and "transient retail business" shall not apply to:
(a) 
Farmers seeking or taking orders for the sale of farm products and garden produce.
(b) 
Any sale of goods, wares or merchandise donated by the owners thereof where the proceeds are to be applied to any charitable or philanthropic purpose, provided that any such charitable or philanthropic organization shall first have complied with § 121-3 of this chapter.
(c) 
The seeking or taking of orders by any manufacturer, producer or distributor for the sale of bread and bakery products, meat and meat products or milk or milk products.
(d) 
Any honorably discharged soldier, sailor or marine of the military service of the United States who procures from the Prothonotary of the proper county a certificate that he is unable to earn a livelihood by manual labor, and provided that he otherwise complies with the requirements of the Act of Assembly of 1867, April 8, P.L. 5 (60 P.S. § 61), as amended.[1]
[1]
Editor's Note: Said 60 P.S. § 1 was repealed 11-24-1992 by P.L. 717, No. 108, Section 3.
(e) 
Persons soliciting contributions in behalf of organizations, nonprofit corporations, who have complied with the provisions of the Act of Assembly of the Commonwealth of Pennsylvania of 1925, P.L. 664,[2] as amended, governing solicitations for charitable, benevolent, patriotic or other purposes who, while soliciting, are possessed of a card or other written evidence of their appointment or authority to solicit for said organization or corporation.
[2]
Editor's Note: See 10 P.S. § 161.1 et seq.
(f) 
The seeking or taking of orders by insurance agents or brokers licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
(g) 
To any person taking orders for merchandise from dealers, merchants or manufacturers at their regular place of business and for business use.
(2) 
However, the groups excepted from the definitions of "peddling," "soliciting" and "transient retail business," as described above, shall be exempt only from the licensing fees provided herein, and not from the licensing requirements.[3]
[3]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Word usage. In this chapter, the singular shall include the plural, and the masculine shall include the feminine and the neuter.
No person shall engage in soliciting, peddling or any transient retail business in the Township of Bern without first having taken out a license as herein provided.
Every person desiring to engage in soliciting, peddling or a transient retail business in the Township of Bern shall first make application to the Police Department of Bern Township for a license. If such person shall also be required to obtain a license from any county officer, he shall, on making such application, exhibit a valid county license. Said application shall be upon a blank provided by such person as shall be designated by the Board of Supervisors of Bern Township by resolution adopted and shall contain at least the following information verified by oath or affirmation:
A. 
Full name of the applicant and local address, if any.
B. 
Permanent address.
C. 
The address at which the applicant will receive notices under this chapter.
D. 
Name of employer or a statement that such applicant is self-employed.
E. 
The nature of the goods, wares, services or merchandise offered for sale, or other purpose of the solicitation.
F. 
A statement as to whether or not the applicant has ever been convicted of any crime, and, if the answer is in the affirmative, the nature of the offense or offenses and the punishment or punishments imposed therefor.
G. 
Type of vehicle to be used, if any.
[Amended 11-8-1988 by Ord. No. 102[1]]
Licenses may be issued for one month or fractional part thereof and shall be valid only for the period issued, unless sooner revoked for cause as hereinafter set forth. The fee shall be $25.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person to whom a license has been issued hereunder shall comply with the following rules of conduct:
A. 
When a licensee is engaged in soliciting, peddling or a transient retail business, he shall carry the license card at all times upon his person and shall exhibit it upon request to all police officers, township officials and citizens.
B. 
The license card shall briefly state the products, wares and merchandise sold by the licensee, and the licensee shall not engage in the selling, soliciting or peddling of any product or service not mentioned on or covered by the description in said license.
C. 
The licensee shall not permit any other person to have possession of the license card and shall immediately report its loss to the Chief of Police of Bern Township.
D. 
The licensee shall not permit the license card to be altered or defaced.
E. 
The licensee shall engage in soliciting, peddling and a transient retail business only between the hours of 9:00 a.m. and 7:00 p.m. on any day of the week. These hours shall be Eastern standard time when Eastern standard time is in effect and shall be daylight saving time when daylight saving time is in effect in the township.
F. 
No licensee shall maintain or keep a street or curbstone market by parking any vehicle upon any street or alley in the township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.
G. 
No licensee shall enter or attempt to enter any dwelling or residence without invitation or permission of the occupant, and the licensee shall immediately leave any premises upon request.
H. 
No licensee shall represent that the license card is in any way an endorsement of the licensee or of the goods or services which he sells, solicits or peddles.
The Police Department shall keep a record of all licenses issued under this chapter. The Chief of Police shall supervise the activities of all holders of such licenses.
Any license issued under this chapter may be suspended or revoked at any time by the Police Department of the Township of Bern upon proof that:
A. 
The application for the license contains false information;
B. 
The applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license; or
C. 
The licensee has failed to comply with any of the rules of conduct prescribed in this chapter.
A. 
Notice of suspension or revocation shall be given in writing, personally served or sent by registered mail to the address designated for this purpose in the application for license.
B. 
Any person whose license has been revoked shall be entitled to appear and be heard with counsel if he so desires before the Board of Supervisors of Bern Township at a regular or special meeting pursuant to a request for reinstatement of said license.
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by 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. Each section of this chapter that is violated shall also constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).