[HISTORY: Adopted by the Board of Commissioners
of the Township of Caln 7-8-1975 by Ord. No. 1975-10. Amendments noted
where applicable.]
A.
PEDDLER
PEDDLING
PERSON
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
A person engaged in peddling.
Engaging in the selling, soliciting, canvassing or taking of orders, by sample or otherwise, for any services, goods, foods, wares or merchandise of any and/or every nature and description whatsoever, except as specifically exempted in § 111-4B, or engaging in the solicitation of contributions, gifts or pledges of money, services or any other thing of value, by visitation to any private premises or residences or any stores, factories or places of business, or any other property or building, public or private, without the prior direct invitation of the residents, owners or occupiers thereof, or on any public highways or streets.
[Amended 9-30-1976 by Ord. No. 1976-10]
A natural person, association, partnership, firm, corporation
or group of persons, whether acting individually or through any agent,
servant or employee, whether or not such agent, servant or employee
is uncompensated or compensated by salary, by commission or in any
other manner or arrangement, and whether such person is acting for
himself or for the benefit of another.
[Amended 9-30-1976 by Ord. No. 1976-10]
B.
Word usage. The singular shall include the plural,
and the masculine shall include the feminine and neuter.
[Amended 10-29-2009 by Ord. No. 2009-08]
No person shall engage in peddling or soliciting
or use the public ways therefor without first having received an approved
peddler's/solicitor's license and identity card from the Caln Township
Police Department. This license and identity card shall be displayed
upon request of any police officer or resident of the premises being
visited by any individual performing the function of a peddler or
solicitor.
[Amended 9-30-1976 by Ord. No. 1976-10]
A.
Every person wishing to peddle or solicit within the
border of Caln Township shall first apply to the Caln Township Police
Department for a peddler's/solicitor's license and identity card.
The Caln Township Police department shall issue the same if it appears
that:
[Amended 10-29-2009 by Ord. No. 2009-08]
(1)
An application
in proper form, containing all of the information requested thereon,
has been executed and signed by the applicant.
(3)
The
applicant has provided a Criminal History Background Check.
(4)
No prior
license issued by Caln Township has been revoked and remains unreinstated.
(5)
No unexpired
suspension of the peddler's/solicitor's license then exists.
(6)
There
is an endorsement on the application executed by the Caln Township
Chief of Police certifying that he has made appropriate inquiries
of various law enforcement agencies and finds no evidence of any act
which if committed by the applicant after licensure within Caln Township
would be the basis for a suspension or revocation of such license.
A.
Every peddler, except persons exempted by Subsection B of this section, shall apply to the Chief of Police for a peddling license and shall supply at the time thereof evidence of any other valid county or state license which the law may require.
B.
The following peddlers are hereby exempted from the
licensing requirements of this chapter, but shall be bound by all
other provisions of this chapter:
(1)
Farmers selling only their own produce.
(2)
Persons selling goods, wares, merchandise or services
to businesses within the Township for use in the conduct of such business
either by reason of resale to others or incorporation into products
and services sold by such businesses to others or in the administration
or operation of such business.
[Amended 9-30-1976 by Ord. No. 1976-10]
(3)
Any manufacturer or producer selling only his own
bread and bakery products, meat and meat products or milk and milk
products.
(4)
Real estate, insurance or securities brokers or employees
thereof.
C.
Application and issuance.
[Amended 9-30-1976 by Ord. No. 1976-10; 10-29-2009 by Ord. No. 2009-08]
(1)
The application shall require:
(a)
The
name, address and description of each person who will be engaged in
the act of peddling and soliciting within the borders of Caln Township.
(b)
Information
on whether any such peddler's/solicitor's license has ever been revoked
or suspended in Caln Township or any other such city, municipality
or borough.
(c)
Information
on the type of product, service or function this act of peddling or
soliciting will support.
(d)
The
duration of time for which the act of peddling or soliciting will
take place.
(e)
A
request for a criminal history background check.
(f)
A
description of each vehicle to be used while performing the act of
peddling or soliciting.
(2)
Peddler's/solicitor's licenses and identity cards shall not be transferable and shall be valid only for the period of time referenced by the application requirement found under § 111-4C(1)(d).
D.
Nothing herein contained shall be construed to repeal
any other existing ordinance requiring licensure nor exempt any peddler
from the requirements of obtaining licenses mandated under other ordinances,
including but not limited to health certificates required for food
handlers under the Health Code.[1]
[Amended 9-30-1976 by Ord. No. 1976-10]
No peddler shall engage in peddling on the public
streets or highways nor in any building or upon any premises within
the Township unless and until he holds an unsuspended, unrevoked,
valid license so to do. No such license shall be issued unless the
public's safety, morals, health and welfare shall not be impaired
thereby, and unless and until the license fee shall have been paid
to the Township Secretary, which fee shall be as established or amended
from time to time by resolution of the Board of Commissioners.
Every person issued a license shall carry the
same at all times while peddling and exhibit the same upon the request
of any peace officer or citizen.
[Amended 10-29-2009 by Ord. No. 2009-08]
The fee for a peddler's/solicitor's license
shall be established by resolution by the Board of Commissioners and
may be amended from time to time. A lost license may be reissued for
the balance of the period of the lost license upon the payment of
$10. Upon expiration or earlier termination, the license shall be
returned to the Caln Township Police Department and canceled or destroyed
by it. Any license defaced or altered shall be invalid thereafter
and shall not be reissued. For the purpose hereof, a stolen license
shall be deemed defaced or altered.
[Amended 9-30-1976 by Ord. No. 1976-10]
It shall be unlawful for any peddler:
A.
To enter any residence or place of business uninvited,
or to remain thereabout after having been requested to leave.
B.
To fail to have an identity card and a license on
hand and/or exhibit the same upon demand.
C.
To represent or to imply that the identity card or
the license is an endorsement by the Township of the peddler or the
goods or services being peddled.
D.
To peddle or solicit before 9:00 a.m. or after 7:00
p.m. Monday through Friday; and to peddle or solicit before 10:00
a.m. or after 4:00 p.m. on Saturday, Sunday or legal holidays.
[Amended 10-29-2009 by Ord. No. 2009-08]
E.
To peddle goods or services other than those licensed.
F.
To peddle by hawking, crying or displaying goods or
services upon any public ways, or to use any device to advertise his
presence or his goods and services.
G.
To engage in peddling prior to issuance of an identity
card and license or after the expiration, suspension or revocation
of the same.
H.
To fail to notify the Caln Township Police Department
of any change in the address of any licensee or of any change in any
information or any new information which if included in the original
application would have been a basis upon which the Police Department
may have declined to issue a permit.
[Amended 10-29-2009 by Ord. No. 2009-08]
[Amended 10-29-2009 by Ord. No. 2009-08]
The Caln Township Police Department shall maintain
a register of the identity cards and licenses issued hereunder and
shall keep the same available for inspection by the public at any
time.
[Amended 9-30-1976 by Ord. No. 1976-10]
A.
Any license may be suspended or revoked by the Chief
of Police on finding of any of the following:
(1)
A violation of any provision of this chapter.
(2)
The making of any material false statement on the
license application.
(3)
The withholding of any information requested on the
license application.
(4)
Conviction of the licensee or any person for whom
he is peddling of any crime constituting consumer fraud or involving
moral turpitude.
(5)
The revocation of charitable status by the Commonwealth
of Pennsylvania or the United States of any licensee or the principal
or employer for whom the licensee is peddling.
(6)
Any other act that if known at the time of the issuance
of the license would have been a basis for the refusal to issue the
same.
B.
Any person aggrieved by the suspension or revocation
order of the Chief of Police shall have the right of appeal to the
Board of Commissioners of Caln Township, pursuant to the Local Agency
Law; provided, however, that during the pendency of any appeal proceeding,
the same shall not without special order of the Board of Commissioners
constitute a stay or supersede as of the suspension or revocation
order which shall remain in full force, virtue and effect unless and
until the revocation order or suspension order is reversed or the
term of suspension expires.
[Amended 9-30-1976 by Ord. No. 1976-10; 10-29-2009 by Ord. No. 2009-08]
Any person who shall violate any provision of
this chapter shall, upon summary conviction before an issuing authority
having jurisdiction thereof, be punishable by a fine of not less than
$500 nor more than $1,000 in addition to the costs of prosecution.
Any person in default of payment of such fines and costs shall be
subject to imprisonment within the county jail for a period not to
exceed 30 days. Each solicitation in violation of this chapter shall
be deemed a separate offense, and the person(s) causing, allowing
or permitting the continuation of the violation may be punished as
described above for each separate offense. Furthermore, both the person
committing said violation and the peddler by whom such person is employed
or for whom such person is acting, as well as the officers of any
corporate peddler, shall be jointly and severally liable for such
actions.
