Borough of Conway, PA Chapter 88 Peddling and Soliciting

[HISTORY: Adopted by the Borough Council of the Borough of Conway 3-3-2004 by Ord. No. 488, approved 3-3-2004.[1] Amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 88, Peddling and Soliciting, adopted 12-14-1959 by Ord. No. 226, approved 1-11-1960, as amended.

§ 88-1 License required.

From and after the enactment of this chapter it shall be unlawful for any person who is not the holder of a valid and unexpired license issued pursuant to this chapter, or otherwise exempt from this chapter, to sell, purchase or solicit the sale or purchase of food, printed matter, building and construction services and all other services, goods, wares or merchandise of any kind or description or to solicit contributions, gifts or pledges of money or any other thing of value by visiting the private homes or residences or on the public streets or highways of the Borough of Conway.

§ 88-2 Application for license; fees.

A. Any person desiring to obtain a license to engage in the activities described in § 88-1 shall make application in person to the Police Chief of the Borough and/or the Code Enforcement Officer or to his or her designated employee at the Borough office during the hours set for this purpose by the Police Chief.

B. The applicant shall supply, on a written form provided by the Borough, the following information over the applicant's signature subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities:

(1) The applicant's name.

(2) The applicant's place and date of birth.

(3) The applicant's temporary address.

(4) The applicant's residence address.

(5) The address at which the applicant will receive notices under this chapter.

(6) The name and address of the applicant's employer or principal, if any, and the nature of the business activity thereof.

(7) The nature of the business or activity in which the applicant wishes to engage within the Borough, being as specific as possible.

(8) A statement as to whether the applicant has been convicted in any jurisdiction of any crime other than of minor traffic violations and, if so, of what crime or crimes and what punishment was imposed.

(9) If a motor vehicle is to be used by the applicant to enter, leave or travel upon the streets of the Borough, the make, model, color and registration number of the motor vehicle.

(10) The applicant shall submit to the Borough a written description of the applicant and the applicant's photograph, approximately two inches by two inches in size, showing the head and shoulders of the applicant in a clear and distinguishing manner.

(11) The applicant shall submit a legible photocopy of his or her state vehicle operator's license or other state photo identification.

C. The applicant shall pay a fee to the Borough in the amount set forth below:

(1) For a one-day permit: $25.

(2) For a one-week permit: $100.

D. The Borough shall cause a record of the application to be kept on file and made available as needed to enforce the provisions of this chapter.

E. After submission of the completed application, the fee and the supporting evidence set forth above, the Borough shall cause to be made an investigation into the accuracy and completeness of the information provided in the application and the character and business responsibility of the applicant. If the information provided is correct and if the applicant's character and business responsibility are satisfactory, the Borough shall grant the application and issue the license in writing over his or her signature. If the information provided is not accurate or if the Borough finds that the applicant's character or business responsibility is unsatisfactory, the Borough shall deny the application in writing, stating all of the reasons therefor, and shall notify the applicant at the address set forth in the application. An issued license shall entitle the licensee to engage in the activities described in § 88-1 for the period for which the appropriate fee has been paid from the date of issuance. A denied application shall entitle the applicant to appeal as set forth below.

F. Licensees may renew their licenses periodically by paying the fee set out in this section and by updating their applications to reflect any changes in the information they provided.

§ 88-3 Rules of conduct.

Every person to whom a license has been issued shall, in the carrying on of the licensed business activities in the Borough, comply with the following rules of conduct:

A. The licensee shall carry the license card at all times and exhibit it upon request to any police officer or any person upon whom he or she shall call or with whom he or she shall take in carrying on the licensed activities.

B. The licensee shall not permit any other person to have possession of the license card and shall immediately report its loss or theft to the Borough Secretary or the police or the Code Enforcement Officer. The licensee shall not cause or permit the license card to be altered or defaced. The license is personal to the applicant and may not be transferred, given or assigned to any other person.

C. The licensee shall not enter or attempt to enter any dwelling house without invitation or permission of the occupant and shall immediately leave any premises upon request. The licensee shall not engage in any conduct licensed under this chapter upon any premises displaying a sign prohibiting such activity.

D. The licensee shall not represent the license card to be an endorsement of the licensee or of his or her goods or services or of the goods or services of the principal or employer.

E. The licensee shall immediately surrender the license card upon revocation of the license as hereinafter provided.

F. Licensees are permitted to operate Monday through Friday between the hours of 9:00 a.m. and 6:00 p.m. local prevailing time. There shall be no soliciting under this chapter at any time on Sundays or on any holiday on which the Beaver County Courts are closed.

G. No licensee hereunder shall have the exclusive right to any location in the public streets or sidewalks, nor shall any licensee hereunder be entitled to a stationary location thereon.

§ 88-4 Revocation of license.

A. Any license hereafter issued may be revoked by the Borough after notice and a hearing for any of the following reasons:

(1) Upon failure of the licensee to comply with the standards of conduct established by § 88-3 hereof.

(2) For fraud, material misrepresentation or false statement in the application for license hereunder.

(3) For any violation of this chapter.

(4) For conviction of any crime or misdemeanor involving moral turpitude.

(5) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or welfare of the public.

B. Notice of a hearing shall be given in writing setting forth the grounds for revocation. Notice shall be personally served or sent by registered mail to the address designated for this purpose in the application for license. Notice shall be given at least seven days prior to the hearing. Any person subject to a license revocation hearing shall be entitled to appear, with or without counsel, and offer documentary and witness evidence.

§ 88-5 Appeals.

Any person aggrieved by the action of the Borough in denying a license may appeal to the Borough Secretary by written application setting forth the grounds for the appeal and filed within 14 days after notice of the action complained of has been mailed to the address set forth in the application. Application for appeal shall be accompanied by an appeal fee of $300. The Borough Secretary shall set a time and place for the hearing, and notice of the hearing shall be given to the applicant by writing mailed to the address set forth on the application.

§ 88-6 Waiver of fee.

The following persons shall not be charged a fee for the license described in § 88-2:

A. Persons soliciting contributions on behalf of organizations or nonprofit corporations exempted from the provisions of, or duly registered pursuant to, the act of December 19, 1990, P.L. 1200, 10 P.S. § 162.1 et seq. (the Solicitation of Funds for Charitable Purposes Act), as amended, who, while soliciting, are possessed of a card or other evidence of their appointment or authority to solicit for said organization or corporation.

B. Persons who have been licensed by the Commonwealth of Pennsylvania to engage in an activity described in § 88-1 hereof, when so engaged, including, without limitation, real estate, insurance or securities brokers and salespersons.

§ 88-7 Waiver of license.

The following persons shall not be required to obtain a license described in § 88-2 but shall be required to conform their conduct to the provisions of § 88-3 when engaged in activities set forth in § 88-1:

A. All persons who are 18 years of age or under who are otherwise engaged in activity regulated by this chapter on behalf of:

(1) All persons, organizations or nonprofit corporations granted tax exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986 [Public Law 99-154, 26 U.S. Code 501(c)(3)]; and

(2) All persons, organizations or nonprofit corporations exempt from the registration requirements of the Act of December 19, 1990 P.L. 12200, 10 P.S. § 162.6. (the Solicitation of Funds for Charitable Purposes Act), provided that the conditions of § 162.6 are met.

§ 88-8 Limitations of applicability.

The Borough of Conway hereby declares its intention that this chapter shall apply only to commercial conduct and speech and the solicitation of money or other things of value. This chapter is specifically not intended to, and shall not be interpreted to:

A. Limit or affect constitutionally protected pamphleteering, political or religious speech or conduct.

B. Apply to persons selling wholesale to dealers in such goods.

C. Apply to merchants or their employees delivering goods or services in the regular course of business.

D. Apply to any manufacturer or producer in the sale of bread and bread products, meat and meat products and milk and dairy products.

E. Prohibit any sale required by statute or order of court.

F. Prevent any licensed auctioneer from conducting a bona fide auction sale subject to the auctioneer's law.

§ 88-9 Violations and penalties.

Any person who shall violate any provision of this chapter shall, upon conviction thereof before a District Magistrate, be subject to a penalty or fine of not more than $300, together with costs of prosecution for each such violation, and in default of the payment of the fine and costs of persecution, shall be committed to the county jail for a period not to exceed 30 days. Each day that any person, firm, organization or corporation engages in conduct in violation of this chapter shall constitute a separate offense.