Every applicant for a license under this chapter
shall pay the license fees as set from time to time by resolution
of the Board of Supervisors. Person(s) or organizations may be exempt
from fees, however, such person(s) or organizations shall cause notice
to be given to the Upper Uwchlan Township Police Department that such
person(s) shall be soliciting within Upper Uwchlan Township. The following
are exempt from any licensing fees:
A. Person(s) soliciting contributions on behalf of a
nonprofit organization, who, while soliciting, are possessors of a
card or otherwise written evidence of their appointment or authority
to solicit for said organization or corporation.
B. Person(s) who are engaged in making surveys for collecting
information for the federal, state, county or Upper Uwchlan Township
government or agency appointed by these governments to conduct this
activity. All those conducting this activity shall have in their possession
and displayed an identification card at all times when in the process
of actually conducting this activity.
C. Nothing contained in this chapter shall be held to
prohibit any sale permitted by statute or by order of any court, or
to prevent any person conducting a bona fide auction sale pursuant
to law.
D. This chapter shall not apply to boys or girls under
the age of 18 years who take orders for and deliver 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
or the like.
E. This chapter shall not apply to any person(s) who
has complied with the provisions of the Solicitation of Funds for
Charitable Purposes Act, 10 P.S. § 162.1 at seq., as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania and who is soliciting funds on behalf of a purely
public charity, as the term is defined in the statutes of the Commonwealth
of Pennsylvania.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F. Any person or individual that is merely proselytizing
for either religious or political purposes, distributing religious
or political handbills at no cost, or exercising the right to anonymous
religious or political speech without soliciting any funds and without
selling any goods or soliciting for contributions is expressly exempt
from fees and registration.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Persons regulated by this chapter shall carry
and display their identification cards at all times while soliciting
within Upper Uwchlan Township and shall show their identification
cards to residents or police when requested in order to identify themselves
prior to any actual solicitation of funds. The person to whom such
card was issued shall immediately report any loss of such identification
card to the Upper Uwchlan Township Police Department.
All solicitations carried on by an individual
in the case of residential door-to-door or house-to-house calling
are restricted to the hours between 9:00 a.m. to dusk on any day of
the week, and those person(s) shall not engage in any business activity,
except by prior appointment, at any time before 9:00 a.m. or after
dusk on any day of the week.
Solicitation of funds for charitable, religious
or nonprofit causes shall be permitted at any business establishment
and upon any business properties, such as shopping center parking
lots, during normal business hours. Those solicitors shall seek permission
by the property owners to be there and shall also register at the
Police Department and carry identification cards. Organizations soliciting
for religious purposes are exempt from providing the Police Department
with the names of the individuals who will be engaged in soliciting
for that religious group.
No licensee or any person in his or her behalf
shall shout, cry out, blow a horn, ring a bell or use any sound or
amplifying device upon any of the streets, alleys, parks, or other
public places in Upper Uwchlan Township or upon private premises where
sound of sufficient volume is emitted or produced there from to be
capable of being plainly heard upon the streets, avenues, alleys,
parks or other public places for the purpose of attracting attention
to any goods, wares or merchandise which such licensee proposes to
sell. In addition to this chapter, all licensees shall comply with
all additional Upper Uwchlan Township noise ordinances as well.
No licensee shall have any exclusive right to
any location in the public streets nor shall any be permitted a stationary
location thereon nor shall any be permitted to operate in a congested
area where such operation might impede or inconvenience the public
use of such streets or sidewalks.
Every person, whether principal or agent, entering
into or desiring to conduct a transient retail business in the Township
for the sale of the goods, wares or merchandise and who hires, leases
or occupies a room, apartment, store, shop, building or other place
or structure for the exhibition and sale of such goods, wares or merchandise
shall, before commencing such business, take out a license to do so
from the Chief of Police. The fee for such license shall be as set
from time to time by resolution of the Board of Supervisors, and shall
be paid monthly in advance to Upper Uwchlan Township.
For the purpose of interpreting this chapter,
words used herein shall have the following definitions:
CONDUCTING BUSINESS
The conducting of retail sales of goods, wares or merchandise
on the streets or in the homes of the Township, including solicitations
and taking of orders, whether verbal or written. The phrase includes
work commonly done by peddlers, hawkers, auctioneers, hucksters or
other door-to-door salesmen. It does not include sales of milk or
milk products or bakery products.
TRANSIENT VENDOR
Includes any person, corporation, partnership, association
or any agent thereof who conducts a business in the Township, either
from door to door or in any other manner where the vendor does not
have either a residence or a business office within the geographic
limits of Upper Uwchlan Township.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.