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PENNSYLVANIA PUB. INTEREST COALITION v. YORK TWP.

August 15, 1983

PENNSYLVANIA PUBLIC INTEREST COALITION, Plaintiff
v.
YORK TOWNSHIP, Defendant


William W. Caldell, United States District Judge.


The opinion of the court was delivered by: CALDWELL

This lawsuit has been brought by the Pennsylvania Public Interest Coalition (PENN-PIC) to determine the constitutionality of York Township's ordinance #75-5. That ordinance, enacted in 1975 and apparently unchallenged until now, provides for the licensing of persons, firms or corporations engaged in the "transient retail business" in the township. *fn1" The ordinance goes on to impose various regulations on the transient retail business:

 
(a) There shall be no calls made from within the Township by telephone or by physical presence upon a premises except Monday through Saturday between the hours of 9:00 a.m. and 6:00 p.m., prevailing time.
 
(b) Any person calling by appearing upon a premises shall carry a license upon his person and shall exhibit such license, upon request, to all police officers, Township officials, or citizens occupying said premises.
 
(c) There shall be no business transacted which shall concern any goods, wares, or merchandise other than those specified in the application for license or which shall consist of fraud, cheating, or material misrepresentation.
 
(d) Physical presence upon a premises prominently posted with a "No Soliciting," "No Salesmen," "No Trespassing," "No Vendors," or similar sign shall be prohibited.
 
(e) Physical presence upon a premises for a period exceeding five (5) minutes after being asked to leave by anyone in possession thereof shall be prohibited.

 Ordinance 75-5, ยง 5.

 In addition, the following categories of solicitation are exempted from the ordinance:

 
(a) Farmers selling their own produce.
 
(b) 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.
 
(c) Any manufacturer or producer in the sale of bread and bakery, products, meat and meat products, or milk and milk products.
 
(d) Any persons taking orders for merchandise, by sample, from dealers, or merchants or individuals or companies who pay a license or mercantile tax at their chief places of business.
 
(e) Insurance companies or their agents, or insurance brokers, authorized to transact business under the insurance laws of ...

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