[HISTORY: Adopted by the Board of Supervisors
of the Township of Upper Providence 7-7-1975 by Ord. No. 169. Amendments
noted where applicable.]
A.
PEDDLER
PEDDLING
PERSON
SOLICITING
SOLICITOR
As used in this chapter, the following terms shall
have the meanings indicated:
Any person who shall engage in peddling as hereinabove defined.
The selling or offering for sale of any goods, wares, services
or merchandise for immediate delivery which the person selling or
offering for sale carries with him in traveling or has in his possession
or control upon any of the streets or sidewalks or from house to house
or by visitation to private residences or by entering into or upon
private property within said Township.
Any person, association, partnership, firm, organization
or corporation.
The seeking or taking of contracts or orders for any goods,
wares, services or merchandise for future delivery or for subscriptions
or contributions upon any of the streets or sidewalks or from house
to house or by visitation to private residences or by entering into
or upon private property; further, the seeking or taking of contracts
or orders for home or other building repairs, improvements and alterations
or orders or contracts for any mechanical, electrical, plumbing or
heating devices or equipment for houses by the same means.
Any person who shall engage in soliciting as hereinabove
defined.
B.
The words "soliciting" and "peddling" shall not apply
to:
(1)
Farmers seeking or taking orders for the sale of their
own products.
(2)
The seeking or taking of orders by any manufacturer
or producer for the sale of bread and bakery products, meat and meat
products or milk and milk products.
(3)
The sale of goods, wares and merchandise donated by
the owners thereof, the proceeds whereof are to be applied to any
charitable or philanthropic purpose.
(4)
Any honorably discharged soldier, sailor or marine
of the military service who complies with the Act of April 8, 1867,
P.L. 50, 60 P.S. § 61, as amended, and who procures from
the prothonotary of the proper county a certificate pursuant to said
Act.
(5)
The seeking or taking of orders for insurance by insurance
agents or brokers or others licensed under the insurance laws of the
commonwealth.
(6)
Persons, corporations, partnerships and associations,
their agents or employees, who have complied with the provisions of
10 P.S. § 161.1 et seq., as amended, governing solicitations
for charitable, benevolent, patriotic or other purposes.
[Amended 9-17-1990 by Ord. No. 301]
(7)
Any person taking orders for merchandise from dealers
or merchants for resale to an ultimate consumer.
(8)
Persons engaged in political or religious advocacy.
[Added 6-2-2003 by Ord. No. 429]
No person shall engage in soliciting or peddling
in the Township of Upper Providence without first having taken out
a license as herein provided.
Every person desiring to engage in soliciting
or peddling in Upper Providence Township shall first make application
to the Township for a license. Said application shall be upon a blank
provided by the Township and shall contain at least the following
information verified by oath or affirmation:
A.
The full name of the applicant and local address,
if any.
B.
The applicant's permanent address.
C.
The name of the applicant's employer or a statement
that such applicant is self-employed.
D.
The nature of the goods, wares, services or merchandise
offered for sale.
E.
A statement as to whether or not the applicant has
ever been convicted of any crime and, if the answer is in the affirmative,
the nature of the offense or offenses and the punishment imposed.
F.
The type of vehicle to be used, if any.
G.
Upon request, the applicant shall also submit to fingerprinting
and furnish a photograph, provided that:
(1)
Where a person makes application for himself and one
or more helpers, all applicable personal information specified above
shall be given for each helper and verified or affirmed by oath or
affirmation by him, and an individual license shall be required for
each helper. No license under this chapter shall be transferable from
one person to another.
(2)
The application shall be filed at least 15 days prior
to the date the solicitation or peddling is to commence.
A.
Licenses shall be valid only for the specific dates
shown thereon, and the fees for said licenses shall be set by resolution
of the Board of Supervisors.
[Amended 10-5-2015 by Ord. No. 549]
B.
A separate application shall be filed and a separate
permit fee shall be paid by each person who shall actually conduct
the soliciting or peddling.
The license granted pursuant to this chapter
shall be valid for 30 days after the date of such license. Upon the
expiration of any license, if the person holding the same shall desire
to continue or renew soliciting or peddling, he shall be required
to file a new application for a permit and pay a new license fee.
Such license when issued shall state, inter
alia, the products to be sold or services to be rendered by the licensee.
Every solicitor or peddler shall, at all times when engaged in soliciting
or peddling, carry such license upon his person and shall exhibit
it upon request to all police officers, officials and citizens. No
solicitor or peddler shall engage in selling any product or service
not mentioned on such license.
No person licensed as a solicitor or peddler
under this chapter shall park any vehicle upon any of the streets,
highways or alleys of said Township in order to sort, rearrange or
clean any of his goods, wares, services or merchandise; nor shall
any such person place or deposit any refuse on any streets, highways
or, alleys; nor shall any person maintain or keep a street or curbstone
market by parking any vehicle upon any street or alley in said Township
for longer than necessary in order to sell therefrom to persons residing
in the immediate vicinity.
[Amended 5-6-2019 by Ord.
No. 576]
A person licensed as a solicitor or peddler
under this chapter may engage in the licensed activity beginning at
9:00 a.m. and ending at 30 minutes past dusk, or 8:00 p.m., whichever
first occurs.
Any license issued hereunder may be suspended
or revoked at any time upon proof being furnished to the Township
that the application contained false information or that the applicant
or licensee was convicted of a crime involving moral turpitude after
the issuance of the license or that the licensee was convicted of
disorderly conduct under any law of the commonwealth or any municipal
ordinance.
[Amended 9-17-1990 by Ord. No. 301]
Any person, firm or corporation who or which
shall violate or fail, neglect or refuse to comply with any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $600 and costs of prosecution and, in default
thereof, imprisonment for not in excess of 30 days.
