[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-1990 by Ord.
No. 209]
A.
LICENSE
PERSON
TRANSIENT RETAIL BUSINESS
TRANSIENT RETAIL MERCHANT
As used in this article, the following terms shall have
the meanings indicated:
The written authorization by the Township Supervisors conferring
the right to operate a transient retail business within the township.
Any natural person, association, partnership, firm, organization
or corporation. For the purpose of this article, each person in an association
who sells or exhibits any goods, wares or merchandise is individually subject
to the terms of this article.
Any business conducted in Richland Township for the sale of goods,
wares or merchandise whatsoever for a period of less than 90 calendar days.
Every person, whether principal or agent, entering into, beginning
or desiring to begin a transient retail business in Richland Township for
the sale of any goods, wares or merchandise whatsoever, and who 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 or who sells such goods, wares or merchandise door to door.
Said terms shall include a participant as a vendor in a flea market and a
door-to-door peddler.
B.
Nothing contained herein shall apply to farmers selling
their own produce, or to any sale of goods, wares or merchandise, the proceeds
whereof are to be applied to any charitable or philanthropic purpose.
No person shall engage in a transient retail business in the Township
of Richland without first having obtained a license, as herein provided.
A.
Every person desiring to engage in business as a transient
retail merchant in the Township of Richland shall first make application to
the Township Supervisors for a license. Said application shall be on a blank
form provided by the Township Supervisors and shall contain at least the following
information, verified by oath or affirmation:
(1)
The full name of the applicant and local address, if
any.
(2)
The name of employer or a statement that such applicant
is self-employed.
(3)
Permanent address and telephone number.
(4)
The nature of goods, wares or merchandise offered for
sale.
(5)
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.
(6)
The type of vehicle to be used, if any.
B.
If the applicant intends to sell any goods, wares or
merchandise whatsoever door to door in the township, then the applicant shall
submit to fingerprinting by the Richland Township Police Department and furnish
a photograph of him- or herself.
At the discretion of the township officials, no license may be issued
under this article until a period of 24 hours has elapsed from the time the
application has been filed with the Supervisors, in order to give the Supervisors
sufficient time to make any investigation deemed necessary by the officials
of Richland Township before issuing a license.
The Township Supervisors, during the twenty-four-hour period following
the application, may investigate the applicant to determine whether it is
against the interest of the township to issue a license. A decision to issue
a license shall be rendered within 72 hours from the time the application
has been filed.
A.
The license fee imposed by this article shall be paid
to Richland Township in the amounts as set from time to time by resolution
of the Board of Supervisors.
B.
At the expiration of any license, if the person holding
the same shall desire to continue the transient merchant business he or she
should be required to file a new application for a license and pay a license
fee in an amount as set from time to time by resolution of the Board of Supervisors.
The license issued by the Township Supervisors shall be posted by the
applicant in a conspicuous place on the premises or booth for which it has
been granted or be carried on the person of a door-to-door peddler.
It shall be the duty of every person who leases property to a transient
retail merchant, by either an oral or written lease:
A.
To notify the transient retail merchant of the existence
of said article; and
B.
To report to the Township Supervisors, in writing, the
name, permanent address and dates that the transient retail merchant shall
be renting or leasing property in the township at least 24 hours prior to
the transient retail merchant actually taking possession of the leased property.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a District Justice
under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000, 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 article that is violated shall
also constitute a separate offense.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
This article shall be known as and may be cited as the "Richland Township
Peddling, Canvassing and Soliciting Ordinance."
The following words shall be construed to have the meanings set forth
below. The singular number includes the plural, and the masculine includes
the feminine and the neuter.
The taking of orders for goods, wares or merchandise, including subscriptions
for magazines or other printed matter, the obtaining of contracts for home
and building devices, repairs and improvements and the securing of contributions
to various causes and organizations, from house to house, or upon any street
or sidewalk in the township.
Any natural person, association, partnership, firm or corporation.
Richland Township.
Except as otherwise provided in this article, no person shall engage
in peddling, canvassing and soliciting in the township without first having
registered with the township and having obtained an identification card from
the township.
A.
Any person desiring to engage in peddling, canvassing
and soliciting shall submit a written application to the township on a form
to be furnished by the township, accompanied by two photographs, no larger
than two inches by two inches, of himself, taken within six months prior to
the date of application.
B.
The applicant shall state his name, age, sex, home address,
business address, name and address of employer, if any, what he desires to
canvass, peddle and solicit for, the length of time he wishes to engage in
this work and the make and type of vehicle, if any, he will use, its registration
number and whether he has ever been convicted of a felony, misdemeanor or
a crime of any kind involving moral turpitude.
C.
The township will issue to the applicant an identification
card (to which one of the applicant's photographs will be affixed) within
10 days from the date of filing of the application, unless the application
is rejected by the township based on findings made by Richland Township Police
Department.
D.
An identification card 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,
peddling and soliciting in the township.
E.
An identification card will be valid for the period of
time for which the applicant has paid the required license fee. Such card
may not be transferred from one person to another.
Every person engaged in peddling, canvassing or soliciting within the
confines of Richland Township shall, in the conduct of his activities, comply
with the following standards of conduct:
A.
He shall conduct himself at all times in an orderly and
lawful manner.
B.
He shall carry his identification card at all times and
exhibit it upon request to any police officer or to any person on whom he
shall call or with whom he shall talk, or, if not registered and licensed
under this article, he shall identify himself by means of a firm or corporate
identification card or a valid Pennsylvania State motor vehicle driver's license.
C.
He shall not permit any person to have possession of
his identification card and shall immediately report its loss to the township.
He shall not cause or permit his identification card to be altered or defaced
in any way.
D.
He shall not engage in peddling, canvassing and soliciting
before 8:00 a.m. nor after 9:00 p.m., prevailing time.
E.
He shall not enter or attempt to enter any dwelling without
the invitation or permission of the occupant and shall immediately leave any
premises upon request of the occupant.
F.
He shall not be guilty of any false pretense or misrepresentation,
and particularly, he shall not represent his identification card to be an
endorsement of himself or his goods or services or of the goods or services
of his employer by the township.
G.
He shall immediately surrender his identification card
to the township upon revocation thereof.
H.
He shall give a written receipt for all orders taken
within Richland Township where a down payment is received, which receipt shall
be signed by the solicitor and shall set forth a brief description of the
goods, wares, merchandise or services ordered, the total purchase price thereof
and the amount of the down payment received by the solicitor from the purchaser.
Any identification card may be revoked by the township if the holder fails to comply with the standards of conduct contained in § 177-14 hereof or any of them or upon ascertainment by the Police Department that the holder has made a false statement in his application.
The township reserves the right to have all the following named groups
be subject to the registration and licensing requirements of this article,
except that the license fee shall be waived. All other provisions of this
article will be applicable to the following:
A.
Boys or girls under 19 years of age who take orders for
and deliver newspapers, greeting cards, candy, submarine sandwiches and the
like for Boy Scouts, Girl Scouts, schools, churches or other charitable and
civic organizations.
B.
Persons delivering or distributing goods or services
previously ordered or contracted for by the person to whom they are delivered
or distributed.
C.
Persons who deliver milk, bread, gasoline, kerosene or
other heating and/or cooking fuels.
E.
Persons who are acting as representatives of accredited
war veterans organizations.
F.
Farmers who are selling their own produce that is raised
or produced on their farm.
G.
Persons engaged in interstate commerce.
The license fee shall be as set from time to time by resolution of the
Board of Supervisors. The township shall indicate on the identification card
the period of time for which the required license fee shall have been paid.
This article shall not apply to any person to whom a transient retail
merchant's license has been issued.
Any person who shall engage in peddling, canvassing or soliciting without
registering with the appropriate township officer or any person, whether or
not required to be registered and licensed under this article, who shall violate
any of the other provisions of this article shall, upon conviction in a summary
proceeding brought before a District Justice under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, 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 article that is violated shall also constitute a separate
offense.
