[HISTORY: Adopted by the Board of Commissioners
of the Township of Upper Pottsgrove as indicated in article histories.
Amendments noted where applicable.]
[Adopted 9-4-1962 by Ord. No. 13 (Ch. 13, Part 1, of the
1993 Code)]
From and after the effective date of this article, it shall be unlawful for any person, firm, corporation, not exempted by § 240-6 of this article, who is not the holder of a valid and unexpired license issued pursuant to this article, to engage in selling, purchasing, soliciting the sale or purchase of food, printed matter, services, goods wares or merchandise of any description, or in soliciting contributions, gifts or pledges of money or any other thing of value, by visitation to private homes or residences or on the public streets or highways of Upper Pottsgrove Township.
[Amended 3-8-1993 by Ord. No. 243]
Any person not exempted by § 240-6 of this article, desiring to obtain a license to engage in the activities described in § 240-1 of this article, shall make application therefor in person to the Township Secretary.
A.
The applicant shall supply over his signature the
following information:
(1)
His name.
(2)
His place and date of birth.
(3)
His address.
(4)
His residence.
(5)
The address at which he will receive notice under
this article.
(6)
Name and address of his employer or principal, and
nature of his business activity.
(7)
Nature of the business or activity in which the applicant
wishes to engage within the Township.
(8)
A statement whether the applicant has ever been convicted
in any jurisdiction of any crime and, if so, what crimes, where and
when.
B.
Upon submission of said application and the payment of a fee, in
an amount as established from time to time by resolution of the Board
of Commissioners, a license shall be issued to the applicant in the
form of a card which shall, unless revoked, entitle the licensee to
engage in the activities specified for a period of six months from
the date of issuance, provided that the Township Secretary may refuse
to issue a license if he or she has reasonable grounds to believe
the applicant is of poor moral character, in which event the applicant
shall be required to apply in person to the Board of Commissioners.
In addition, any honorably discharged or disabled soldier, sailor
or marine of the military or naval services of the United States who
is a resident of this commonwealth shall not be required to pay any
application fee under this article.
[Amended 6-20-2016 by Ord. No. 489]
Every person to whom a license has been issued
under the provisions of this article shall in the carrying on of his
business or activities in the Township comply with the following conditions
and rules of conduct:
A.
He/she shall carry the license card at all times which shall be prominently
displayed and visible to any person upon whom he shall call or with
whom he shall talk in carrying on his licensed activities.
[Amended 6-20-2016 by Ord. No. 489]
B.
His license card is not transferable and he shall
not permit or allow any other person to use same and shall immediately
report its loss to the Township Secretary, should such event occur.
His card shall not be altered or defaced nor shall he permit it so
to be.
C.
He shall not enter nor attempt to enter any dwelling
or business house without invitation or permission of the occupant
and shall immediately leave any premises upon request.
D.
He shall not represent his license card to be an endorsement
of himself, or of his goods, wares or services or the goods, wares
of services of his employer.
E.
He shall immediately surrender his license card upon
revocation of his license as hereinafter provided.
[Amended 3-8-1993 by Ord. No. 243]
Any license hereafter issued may be revoked by the Board of Commissioners upon the failure of the licensee to comply with the standards of conduct established by § 240-3 of this article or upon ascertainment that the licensee has made any false statement in his application for license under the provisions of this article. Notice of revocation shall be given by written notice served or sent by registered mail to the address designated for this purpose in the license application.
[Amended 3-8-1993 by Ord. No. 243]
Any person whose license has been revoked shall
be entitled to appear with counsel, if he desires, before the Board
of Commissioners at a regular or special meeting and be heard in behalf
for a reinstatement of his license.
[Amended 3-8-1993 by Ord. No. 243]
The following persons are exempted from the
licensing requirements of this article:
A.
Persons soliciting contributions on behalf of organizations
or nonprofit corporations exempted from the provisions of, or duly
registered pursuant to the Charitable Organization Reform Act, 10
P.S. § 161.1 et seq.,[1] who while soliciting are possessed of a card or other
written evidence of their appointment or authority to solicit for
said organization or corporation.
[1]
Editor's Note: This act was repealed 12-19-1990
by P.L. 1200, No. 202. See now 10 P.S. 162.1 et seq., the Solicitation
of Funds for Charitable Purposes Act.
B.
Farmers engaged in selling only the produce of their
own farms from a truck or other vehicle.
C.
Persons who have been licensed by the Commonwealth of Pennsylvania, to engage in an activity described in § 240-1 of this article, when so engaged, including, without limitation, real estate, insurance or securities brokers and salesmen.
[Amended 3-8-1993 by Ord. No. 243]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not exceeding $600 and costs and, in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues shall constitute
a separate offense.
