[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Editor's Note: This ordinance also superseded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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
