Every person desiring a license under this chapter
shall first make application to the Secretary of the township or his/her
designated agent. If such person shall also be required to obtain
a license from any state or county officer, he/she shall, when making
application, exhibit a valid license from such state or county officer.
The applicant shall give his/her name and residence address; his/her
previous criminal record, if any; the name of the person by whom he/she
is employed; the type and origin of the goods, wares and merchandise
he/she wishes to deal with in such transient retail business; the
length of time for which the license is to be issued; the last previous
municipality in which he/she has conducted such business; the type
and license number of the vehicle or vehicles to be used, if any;
and such other relevant information as the Secretary of the township
may deem necessary and proper to protect public health and safety.
The Secretary of the township may also collect an application fee
in an amount to be determined by resolution adopted by the Board of
Commissioners of Upper Allen Township, from time to time; however, such application fee shall be credited in full toward the license fee and shall not exceed the license fees specified in §
227-2. No such application fee shall be required for applications under §
227-3A. Further, as to any organization qualifying for exemption from payment of the license fee under §§
227-3A,
227-5 and
227-6, the organization may elect, instead of each person applying for a license, to file a single application for the organization's activity, which single application would identify each and every person engaging in transient retail business on behalf of the organization.
[Amended 9-15-2021 by Ord. No. 811]
A. Upon receipt of the application and the prescribed fee, if applicable, the Secretary of the Township or his/her designated agent shall immediately transmit the application to the Township Police Department, which Department shall without delay take such action as may be necessary to verify the identity and criminal history of the applicant or persons identified on an application for an organization filed under §§
227-3A,
227-5 and
227-6 and to verify the statements and information contained in the application.
B. Upon completion of the Department's investigation,
the Chief of the Township Police or his/her designated agent shall
endorse his/her disapproval upon the application and his/her reasons
for disapproval.
C. No license
shall be issued to any person who has been convicted of a felony or
a misdemeanor or any crime of any kind involving moral turpitude,
and such person shall not be permitted to engage in peddling or soliciting
within the Township.
[Amended 9-15-2021 by Ord. No. 811]
A. The Secretary of the Township, upon receipt of the
action on any application under this chapter from the Chief of the
Township Police or his/her designated agent, shall notify the applicant
of the action taken by the Chief of the Township Police or his/her
designated agent. If the application shall have been approved, the
Secretary of the Township shall forthwith issue a license within 15
business days from the date of the filing of the application, provided
that the proper fee has been paid.
B. Such license, when issued, must be worn by the solicitor
in conspicuous fashion and shall state the goods or services to be
sold or rendered by the solicitor.
C. Any person
aggrieved by a denial of a license application may appeal the determination
to the Board of Commissioners of Upper Allen Township within 10 days
of such denial.
Every license issued under this chapter shall
be subject to the following:
A. Such license shall be issued on an individual basis to each licensee engaging in such business, except in cases of organizations filing under §§
227-3A,
227-5 and
227-6 hereof, in which case the organization would receive the license and the persons registered thereunder would receive appropriate proof of the issuance of the license. A separate application and license fee, if applicable, shall be required of each natural person engaging in such business, whether as an employee, sole proprietor or partner of any other person.
B. Such license shall be displayed on the person of the
licensee at all times when engaged in transient retail business in
the township, and the licensee shall exhibit such license upon request
by all police officers, township officials and residents.
C. Such license shall contain the statement "The issuance
of this card does not endorse or sanction the activity or the product
of the bearer."
D. Such license shall specify the products to be sold,
the services to be rendered or the subscriptions to be solicited by
the licensee and the expiration date of the license.
The Secretary of the township and the Chief
of the Township Police or their designated agents are hereby authorized
to revoke any license issued under this chapter when they deem such
revocation to be beneficial to the public health, safety or morals;
or for the violation of any of the provisions of this chapter; or
for misrepresentation by a licensee to any customer or prospective
customer by making any statement not in accord with the information
upon such person's application for license; or for giving false information
upon any application for a license hereunder. Appeals from any revocation
may be made to the Board of Commissioners of Upper Allen Township
at any time within 10 days after such revocation. No part of a license
fee shall be refunded to any person whose license shall have been
revoked.
The Police Department shall supervise the activities
of all persons holding licenses under this chapter and shall keep
a record of all licenses issued hereunder and shall make a report
thereof each month to the Board of Commissioners of Upper Allen Township.
[Added 4-16-1987 by Ord. No. 394]
A. The terms and provisions of this chapter regulating
and licensing transient retail business shall not apply to garage
sales, as defined above, so that a person conducting a garage sale
shall not be deemed engaged in transient retail business as defined
in this chapter and shall not be required to file an application for
a license or be subject to the general provisions applicable herein
to transient retail business.
B. The terms and provisions of this chapter regulating
and licensing transient retail businesses shall not apply to certain
occasional sales by or to sales by non-on-going concerns or incidental
activities of community, charitable, religious or other organizations
operating on a non-profit occasional sales basis, including but not
limited to Girl Scout cookie sales, bake sales and rummage sales,
and shall not apply to sales by persons of home-delivered daily or
periodically published mass circulation newspapers, magazines or like
publications.
[Added 5-21-1987 by Ord. No. 395]
C. The terms
and provisions of this chapter regulating and licensing transient
retail businesses shall not apply to 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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]