Borough of New Salem, PA
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of New Salem 7-2-1974 by Ord. No. 3-1974, as amended through 3-3-1987 by Ord. No. 1-1987. Subsequent amendments noted where applicable.]
From and after the passage of this chapter, it shall be unlawful for any person to engage in peddling in the Borough of New Salem without first having taken out a license as hereinafter provided.
A. 
Every person desiring to engage in peddling in the Borough of New Salem shall first make application to the Borough Secretary for a license. Upon such application, the applicant shall give his name, age, home address and business address; previous criminal record, if any; the name of the person, firm or corporation employing him; the type of goods, wares or merchandise he wishes to peddle; the place or places where he was engaged in peddling immediately prior to such application; the place or places where he proposes to engage in peddling after leaving the Borough of New Salem; the type, make and model of vehicle he uses, and its state registration and registration number, if any.
B. 
When a person makes application for himself and one or more helpers, all applicable personal information specified above shall be given for each helper, and an individual license shall be required for each helper.
C. 
The Borough Secretary shall have the authority to investigate any application for the license under this section, and for that purpose a waiting period of 24 hours shall elapse between the making of application and the issuance of the license. In any case, however, the Borough Secretary may waive any such waiting period.
All licenses issued hereunder shall be valid for one calendar year from the date of issuance unless revoked as herein provided and shall be in the form of an identification card.
Every person to whom a license has been issued shall, in the conduct of his activities, comply with the following standards of conduct:
A. 
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.
B. 
He shall not permit any person to have possession of his identification card and shall immediately report its loss to the Borough Secretary. He shall not alter or deface his license in any way.
C. 
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.
D. 
He shall not represent his license to be an endorsement of himself or his goods and services of his employer.
Any license issued pursuant to this chapter may be revoked by the Borough Secretary if the holder fails to comply with the standards of conduct contained in § 146-3 hereof, or any of them, or upon discovery that the holder has made a false statement in his application for a license, or may be suspended pending an investigation into charges that he has been guilty of any false pretense or representation.
This chapter shall not apply to boys or girls under 18 years of age who take orders for newspapers, greeting cards, candy and the like, or who represent the Boy Scouts and Girl Scouts or similar organizations and take orders for and deliver cookies and the like, nor to any person who works for an organization which has registered with the Pennsylvania Department of State as required by Act 337, approved August 9, 1963, known as the "Solicitation of Charitable Funds Act."[1]
[1]
Editor's Note: See now 10 P.S. § 162.1 et seq.
The fee for a license to peddle, which shall be paid to the Borough Treasurer for use of the Borough, shall be $25 per year.
No license granted to any individual under this chapter shall be transferable. Every person, firm or corporation granted a license under this chapter shall at all times have such license displayed in the place or upon the vehicle from which the licensed activities are conducted, and, in case of an individual engaged in peddling or hawking, shall carry such license upon his person.
Nothing in this chapter shall apply to farmers selling their own produce; or to any sale of goods, wares or merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purpose; or to any manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products; provided that the term "milk or milk products" shall not include or apply to ice cream or other frozen desserts, and provided further that any transient retail business dealing in one or more of the excepted categories and selling other goods, wares and merchandise not excepted shall be subject to the license fee fixed by this chapter for its activities in connection with the sale of goods, wares and merchandise not in any of the excepted categories.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person violating any of the provisions of this chapter shall, upon conviction thereof before any Magisterial District Judge, be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution, and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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
Engaging in canvassing, soliciting or taking of orders, either by sample or otherwise, for any goods, wares or merchandise, including subscriptions for magazines or other printed matter, upon any of the streets or sidewalks or from house to house within the Borough of New Salem.
[1]
PERSON
Any natural person, association, partnership, firm or corporation.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).