[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.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who shall engage in peddling, as hereinabove defined.
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]Any natural person, association, partnership, firm or corporation.
