Peddler and Solicitor's Permit

DEFINITIONS

PEDDLER any person who shall engage in peddling as hereinafter defined.

PEDDLING 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 in or upon private property; within the said Township.

PERSON any natural person, association, partnership, firm, organization or corporation.

SOLICITOR any person who shall engage in soliciting as hereinabove defined.

SOLICITING

• 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 visitations to private residences; or by entering in or upon private property within the Township of Hampden and shall further mean the seeking or taking of contracts or orders for home or other building repairs, improvements and alterations and also orders of contracts for any mechanical, electrical, plumbing or heating device or equipment for house or other building improvements or repairs, upon or from the places aforesaid within the said Township.
   
• Provided, the words "soliciting" and "peddling" shall not apply:
  • To farmers seeking or taking orders for the sale of their own products.
     
  • To 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 or milk products.
     
  • To the sale or goods, wares and merchandise donated by the owners thereof, the proceeds whereof are to be applied to any charitable or philanthropic purposes.
     
  • To any honorably discharged solider, sailor or marine of the military service who complies with the Act of Assembly of the Commonwealth of Pennsylvania of 1867, April 8, P.L. 50, as amended, and who procures from the Prothonotary of the proper County a certificate in pursuance of the said Act of Assembly.
     
  • To the seeking or taking of orders, by insurance agents or brokers or stock brokers or banking brokers, licensed under the insurance laws of the Commonwealth of Pennsylvania for insurance.
     
  • To persons, corporations, partnerships and associations, their agents or employees who have complied with the provisions of the Charitable Organization Reform Act, 10 RS. §162.1 et seq. benevolent, patriotic or other purposes. [A.0.]
     
  • To any person taking orders for merchandise from dealers or merchants, for resale to an ultimate consumer.
     

• In this Part, the singular shall include the plural and the masculine shall include the feminine and the neuter.

   

  LICENSE REQUIRED

  No person shall engage in soliciting or peddling in the Township of Hampden Township without first having taken out a license as herein provided.

   

  APPLICATION REQUIREMENTS

  Every person desiring to engage in soliciting or peddling in the Township of Hampden shall first make application to the Secretary of the Board of Commissioners for a license. If such person shall also be required to obtain a license from any County officer, he shall, on making such application, exhibit a valid County license. The said application shall be upon a blank provided by the Township Secretary and shall contain at least the following information verified by oath or affirmation:

  • Full name of the applicant and local address, if any.
     
  • Permanent address.
     
  • Name of employer or a statement that such applicant is self-employed.
     
  • The nature of the goods, wares, services or merchandise offered for sale.
     
  • 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 or punishments imposed there.
     
  • The type of vehicle to be used, if any.
     
  • Upon request, the applicant shall also submit to fingerprinting and furnish a photograph; provided, 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 Part shall be transferable from one person to another.
     
  •  

  WAITING PERIOD

  No license shall be issued under this Part until 30 days after the date the application is made to the Secretary of the Board of Commissioners for such license.

   

  LICENSE FEE

  No license shall be issued under this Part until the sum, in an amount as established from time to time by resolution of the Board of Comn-dssioners, be paid to the Township Secretary and it shall be for the use of the Township. 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 and shall apply where an employer desires to secure licenses for his employees, agents or servants.

   

  THIRTY DAY LICENSE

  The license granted pursuant to this Part shall be valid for 30 days after the date of such license and 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 licenses may be issued, in advance, for consecutive 30 day periods not exceeding 12 in number, upon payment, in advance, of the sum in an amount as established from time to time by a resolution of the Board of Commissioners for 1 year or an amount as established from time to time by resolution of the Board of Commissioners for each 30 day period provided in §305 hereof.

   

  LICENSE TO LIST PRODUCTS

  Such license when issued shall state, inter alia, the products to be sold or services to be rendered by the ficensee. Every solicitor or peddler shall at all times, when engaged in soliciting or peddling in the Township of Hampden, carry such license upon his person and shall exhibit it upon request, to all police officers, Township officials and citizens. No solicitor or peddler shall engage in selling any product or service not mentioned on such license.

   

  SALES PERIOD OF DAY

  No person licensed as a solicitor or peddler under this Part shall engage in soliciting or peddling on any day of the week before 9:00 a.m. or after 8:00 p.m. During the time of year when Eastem Standard Time is effective, the aforesaid hours shall be Eastem Standard Time and during the time of the year when Daylight Saving Time is effective, the aforesaid hours shall be Daylight Saving Time.

   

  USE OF STREETS

  No person licensed as a solicitor or peddler under this Part shall park any vehicle upon any of the streets, highways or alleys of the 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 or any such streets, highways or alleys; nor shall any such person maintain or keep a street or curbside market by parking any vehicle upon any street or alley in the Township for longer than necessary in order to sell therefrom to persons residing in the immediate vicinity.

   

  NO SALES FROM STREETS OR SIDEWALKS

  No person licensed as a solicitor or peddler under this Part shall occupy any fixed location upon any of the sidewalks of the streets, highways, alleys or sidewalks of the Township for the purpose of soliciting or peddling with or without any stand or counter.

   

  DUTIES OF MANAGER AND POLICE

  The Township Manager shall keep a record of all licenses issued under this Part and the Chief of Police shall apply daily for a list of licenses issued hereunder since the previous day. The Chief of Pofice shall supervise the activities of all holders of such licenses.

   

  REVOKING LICENSE

  Any license issued under this Part may be suspended or revoked at any time by the Manager of the Township of Hampden upon proof being furnished to him that the application for the license contained false information or that the applicant or licensee was convicted of a crime involving moral turpitude after the issuance of such license and that the licensee was convicted of disorderly conduct under any law of the Commonwealth of Pennsylvania or any ordinance of the Township of Hampden.

   

  NOISE FORBIDDEN

  No person licensed as a Solicitor or peddler under this Part shall hawk or cry his wares or services upon any of the streets or sidewalks of the Township nor shall he use any loud speaker, bell, whistle or other device for announcing his presence by which the public is annoyed.

   

  PENALTIES

  Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 -plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.