[Adopted 6-12-1995 by Ord. No. 217]
It shall be a violation of this article for any person to engage in business as a peddler as defined in § 185-12 without first:
As used in this article, the following terms
shall have the meanings indicated:
Any person who goes about from place to place, traveling
by foot, wagon, automobile, or other type of conveyance, selling or
offering for sale (or soliciting orders for the sale of) any goods,
wares or merchandise, or reading materials, or any other commercial
product, and said definition includes what are commonly known as hawkers,
hucksters, itinerant merchants, or transient vendors of merchandise.
A.
Application for license shall be filed with the Township
in the form and manner required by the Township. Such application
shall contain the following information:
(1)
The name and description of the applicant;
(2)
The address (permanent and temporary) of the applicant;
(3)
A brief description of the business and the goods
to be sold;
(4)
The length of time for which a license is desired;
(5)
If a vehicle is to be used, a description of the same,
together with the license number and other information that may be
required;
(6)
A photograph of the applicant, taken within 60 days
immediately prior to the date of filing such application, which photograph
shall be two inches by two inches and shall show the head and shoulders
of the applicant in a clear and distinguished manner;
(7)
A statement as to whether the applicant has ever been
convicted of any crime, misdemeanor, or violation of any Township
ordinance, and, if so, the full particulars as to the nature of the
offense, the court before whom the conviction was had or a plea of
guilty entered and the punishment or penalty assessed therefor; and
(8)
Driver's license number, social security number, date
of birth, sales tax license number.
B.
If the applicant is a corporation, partnership or
other business entity which has more than one individual who will
be soliciting, it is necessary for each and every individual to fill
out an application form and to also sign an acknowledgment that the
applicant understands he or she may not engage in business as a peddler
without having been requested or invited by the owner or occupant
of the private residence and an acknowledgment that he or she must
show the license to the owner or occupant of the premises prior to
soliciting for any sales or orders.
The Township Clerk shall forward such application
to the Chief of Police, who shall cause an investigation to be made
of the applicant's character and business responsibility. After such
investigation, the Chief of Police shall endorse such application
with approval or disapproval and forward the application to the Township
Clerk. If the results of the aforesaid investigation indicate that
the moral character and business responsibility of the application
justify the granting of such license and upon payment of the license
fee, the Township Clerk shall issue to the applicant a peddler's license.
Any license issued under this article does not
permit the license holder to peddle or solicit during the Azalea Festival
or any other special events as designated by the Township Board.
The license fees for licenses to be issued under
this article shall be as established by action of the Township Board,
and a schedule thereof shall be available at the Township.
No peddler shall have any exclusive right to
any location in the public streets or other public places nor shall
be permitted a stationary location.
It shall be unlawful for any licensee, or any
person in his behalf, to shout, cry, blow a horn, ring a bell, or
use any sound device, including loud speakers or sound amplifiers,
upon any of the streets, alleys, parks or other public places of the
Township, or upon any private premises, for the purpose of attracting
attention to any goods, wares or merchandise which the licensee proposes
to sell.
A.
A license may be denied any applicant and any license
may be revoked by the Township Clerk for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application;
(2)
Fraud, misrepresentation or false statement made when
engaging in business as a peddler;
(3)
Any violation of this article or any other ordinance
of the Township;
(4)
Conviction of any crime or misdemeanor involving moral
turpitude;
(5)
Conducting the business of peddling 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 general welfare
of the public;
(6)
Peddling or soliciting at any residence without first
being invited by the owner or occupant to peddle at said residence;
(7)
Failure to display the license to the owner or occupant
upon arrival to the residence.
B.
Whenever the Township Clerk shall deny or revoke any
license, a notice specifying the cause of such denial or revocation
shall be given to the applicant or licensee.
Any person deeming himself aggrieved by the
Township Clerk in the imposition, denial, or revocation of a license
may, within 10 days, file a written request for a hearing with the
Township Clerk. The Township Board shall set a time and place for
a hearing and notice thereof shall be given to the appellant. Upon
such hearing, the Township Board shall determine whether the license
should be continued to be imposed, denied or revoked and such determination
shall be final and conclusive.
A.
It shall be the duty of any police officer to require
any person whom he may observe engaged in the business of peddling
to exhibit his license, and to otherwise enforce the provisions of
this article. A peddler shall display his/her license to the owner
or occupant prior to attempting to solicit or peddle their merchandise
or seeking orders for their merchandise.
B.
In addition, it shall be unlawful for any person to
refuse to exhibit his license, upon request of any private citizen
or police officer.
The Township Clerk shall maintain a record of
each license issued hereunder and shall indicate therein all reports
of violation.
