It is the desire of the City Council of Coatesville to regulate the
peddling, soliciting and distribution of certain materials and related activities
within the City of Coatesville. The City further desires that persons engaged
in such activities shall be required to obtain a license in order that the
identity of those persons may be established; so that general regulations
may be more effectively enforced for the protection and maintenance of the
health, safety and welfare of the inhabitants of the city; and to prevent
dishonest business practices and the dishonest solicitation of funds in the
city.
As used in this chapter, the following terms shall have the meanings
indicated:
Any person who distributes or causes to be distributed on any street
or public place within the city any handbill, advertisement, circular, card,
pamphlet or printed material of any kind other than a regularly delivered
newspaper, magazine or periodical.
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas.
All goods; wares; food; meat; fish; ice cream; fruit; vegetables;
magazines; periodicals; printed materials; farm products; services and order
or contracts for services, home improvements or alterations; and anything
that may be sold or distributed by peddlers, solicitors or distributors, as
defined herein.
Any person who goes from house to house, from place of place or from
street to street, traveling by foot, automotive vehicle or any other type
of conveyance, carrying or transporting merchandise for the purpose of selling
and delivering the merchandise to customers.
Any natural person, partnership, association, corporation or other
legal entity.
Any person who goes from house to house, from place of place or from
street to street, traveling by foot, automotive vehicle or any other type
of conveyance, soliciting, taking or attempting to take orders for the sale
of merchandise or services of any kind for future performance or delivery,
whether or not he is collecting advance payments on such sales or orders,
or who engages in such activities from a stationary location on any street
or in any other public place. The term "solicitor" shall also include "canvasser"
or any person who goes from door to door as described above for the purpose
of soliciting contributions or who collects funds from a stationary location
on any street or other public place.
A.
It shall be unlawful for any peddler, solicitor or distributor
to sell, offer for sale or distribute any merchandise, printed material or
services or to solicit contributions, gifts, pledges of money or any other
thing of value or to conduct surveys or distribute samples by visitation to
private residences or on public streets or sidewalks in the city without first
submitting an application for a license to the Codes Department, on a form
to be furnished by the city containing the following information:
(1)
The full name of the applicant.
(2)
The applicant's date of birth.
(3)
The permanent home address and local address of the applicant.
(4)
The name and address of his employer or principal.
(5)
The nature of the business activity in which the applicant
wishes to engage and a description of the merchandise to be sold or the service
to be performed.
(6)
The length of time the applicant wishes to engage in
such activity.
(7)
If a vehicle is to be used, a description of such vehicle,
the operator's license number and vehicle license number.
(8)
A statement as to whether the applicant has been convicted
of any crime, felony, misdemeanor or violation of any municipal ordinance,
the nature of the offense and the penalty assessed therefor.
B.
No application for a license under this chapter shall
be granted for any activity requiring a permit or other approval of the Chester
County Health Department unless the permit or other approval has been issued
to the applicant by the Health Department prior to the submission of an application
to the city. The city shall require proof of all required Health Department
permits and approvals at the time of the receipt of any application under
this chapter.
C.
Where a person makes application for himself and one
or more helpers, all applicable information specified above shall be given
for each helper, and an individual license shall be required for each helper.
B.
C.
The deposit fee shall be refunded to the applicant upon
termination of the license period and upon the return of the licensee's photo
identification card to the Codes Department. The deposit fee shall be forfeited
if the licensee is found to have violated any portion of this chapter and
has his or her license suspended.
A.
Promptly upon receiving an application for a license,
the Codes Department shall cause such application and applicant to be investigated
by the Police Department. In the event that such investigation should indicate
that the granting of such license would or might be injurious to the public
interest or to the public health, safety or morals of the citizenry, the City
Manager shall have and is hereby given the power and authority to refuse to
issue such license. In any instance where the Chief of Police should deem
it necessary or advisable to secure and check the fingerprints of any such
applicant, refusal of such applicant to voluntarily furnish such fingerprints
shall constitute, in and of itself, sufficient and valid grounds for refusal
to issue such permit.
B.
A license will not be issued to any person who has been
convicted of a felony, misdemeanor or a crime of any kind involving moral
turpitude, and such person shall not be allowed to engage in peddling or soliciting
in the city.
C.
For approved applicants, the Codes Department will issue
a photo identification care to the applicant within 10 days from the filing
of the application. An identical photo identification card shall be kept on
file at the city office.
No person licensed under this chapter shall engage in any activities
herein at any time except as follows:
Every person to whom a license has been issued shall, in the conduct
of his or her activity, comply with the following standards of conduct:
A.
The licensee shall carry his or her identification card
at all times and exhibit it upon request to any police officer or official
of the city or to any citizen upon request.
B.
The licensee shall be the sole possessor of his or her
identification card and shall immediately report its loss to the Codes Department.
He or she shall not cause or permit his or her identification card to be altered
or defaced in any way.
C.
The licensee shall not enter or attempt to enter any
dwelling or otherwise remain upon any private property without the invitation
or permission of the occupant or property owner and shall immediately leave
any premises upon request of the occupant or property owner.
D.
The licensee shall not permit the throwing or discarding
of any paper, debris or other such items upon public or private property or
upon the public streets or sidewalks of the city.
E.
The licensee shall not conduct his or her business activity
at any geographical location within the city which is deemed by the Codes
Department, Chief of Police or other city official to be hazardous to vehicular
or pedestrian traffic or which otherwise significantly obstructs the movement
of vehicular or pedestrian traffic.
F.
No licensee shall peddle or distribute obscene printed
material or merchandise or that which advocates unlawful conduct.
G.
The licensee shall not be guilty of any false pretense
or misrepresentation, and, particularly, he or she shall not represent his
or her license to be an endorsement of himself or herself or his or her goods
or services or of the goods or services of his or her employer.
H.
The licensee shall be prohibited from hawking or crying
his or her wares upon any public street or sidewalk in the city, and he or
she shall be prohibited from using any loudspeaker, horn or any device for
announcing his or her presence which could be considered a disturbance of
the peace.
I.
The licensee shall immediately surrender his license
to the Codes Department upon suspension or revocation thereof.
A.
Any license issued under this chapter may be suspended
at any time by the Codes Department for violation of any of the provisions
of this chapter or for the giving of false or misleading information on any
application for a license hereunder or for the applicant or licensee having
been convicted of a crime involving moral turpitude after issuance of such
license or for the licensee having been convicted of disorderly conduct under
any law of the Commonwealth of Pennsylvania or any ordinance of the City of
Coatesville.
B.
No part of a license fee or deposit fee shall be refunded
to any person whose license has been suspended. Notice of suspension may be
given in any manner reasonably calculated to apprise the licensee of the suspension
of his license.
The following persons shall be exempt from the licensing requirements
of this chapter (although registration with the Codes Department shall be
required):
A.
Persons soliciting contributions on behalf of organizations
or nonprofit corporations exempt from the provisions of or duly registered
pursuant to the Charitable Organization Reform Act of 1986, 10 P.S. § 161.1
et seq., as amended, who, while soliciting, possess a card or other written
evidence of their appointment or authority to solicit for said organization
or corporation.
B.
Any charitable, religious or philanthropic organization
which shall conduct solicitations or sales of personal property when the proceeds
thereof shall be applied to the payment of expenses thereof and/or to the
charitable, religious or philanthropic cause.
C.
Any school, political or civic organization, benevolent
society, service club or organization, not for profit, whose principal office
is located in the city.
D.
Farmers engaged in selling only the produce of their
own farms or any person delivering bread and bakery products or milk and dairy
products.
E.
Persons who have been licensed by the Commonwealth of
Pennsylvania to engage in certain activities, including but not limited to
real estate, insurance and securities brokers and salesmen.
F.
Persons conducting a bona fide auction sale pursuant
to law or a sale required by statute or by order of any court.
G.
Authorized persons carrying satisfactory identification
engaged in making surveys or collecting information for the federal, state,
county or city government or any agency thereof. Also exempt shall be authorized
persons carrying satisfactory identification engaged in making surveys or
collecting information for bona fide educational or quasi-governmental agencies,
if each activity has been previously approved by the City Council.
H.
Boys and girls under the age of 16 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 and the like.
Any person whose application has been denied or whose license has been
suspended or revoked shall be entitled to appear with legal representation,
if he or she so desire, before the City Council at a regular or special meeting
and be heard on behalf of a request for approval or reinstatement of said
license.
Any person who violates any of the provisions of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than $600,
plus costs of prosecution, or to imprisonment in the county jail for a period
of not more than 90 days, or both such fine and imprisonment. Each day of
violation shall constitute a separate offense.
Peddling, soliciting or other activities regulated by this chapter shall
not be permitted in the following locations:
A.
In the city business district, which shall be defined
as along East Lincoln Highway, the entire length of U.S. Route 30 within the
city limits.
A.
Any person licensed under this chapter or exempt under § 172-9 hereof shall not occupy any fixed location upon any private property, street or alley of the city for the purpose of engaging in the business aforesaid, with or without any stand or counter.
B.
Notwithstanding any such prior approval, the city police,
City Manager or their authorized designee may require any such licensee to
abandon any location which is hazardous to traffic or passersby or which otherwise
significantly obstructs the movement of traffic or passersby or otherwise
upon the request of the owner of any location on which such person is situate.
A.
A "special event" is defined as any event sponsored by
any public, private, civic, nonprofit, profit or municipal group for which
permits to sell goods, merchandise, food or other wares are sold or issued
solely for the specific duration of the event. Any licensee under this chapter
shall not automatically be entitled to a special event permit. Rather, any
licensee under this chapter shall still be required to comply with the terms
and conditions applicable to special event licensees as those terms and conditions
are set by the organizer of the special event.
B.
Organizers of any special event that shall permit peddling
or the sale of goods, merchandise, food or other wares solely for the duration
of the event shall apply to the Codes Department for a special event group
license. This license shall be issued only to the event organizer or organization,
and it shall be valid only for the duration of the special event.
[Added 10-12-1993 by Ord.
No. 936-93]
