[HISTORY: Adopted by the Borough Council
of the Borough of Homestead 10-14-1974 as Ch. 61 of the 1974 Code; amended in its entirety 3-13-2003 by Ord. No.
1143. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Business privilege license — See Ch. 119.
As used in this chapter, the following terms
shall have the meanings indicated:
- APPLICANT
- A person filing an application for a license or permit.
- BOROUGH
- Borough of Homestead, Allegheny County, Pennsylvania.
- DESIGNATED OFFICER
- The officer, employee or agent of the Borough charged by the ordinance perform the duty or function described. If the ordinance does not so charge an officer, employee or agent of the Borough, then "designated officer" shall be deemed to mean the Borough Manager or the Borough Manager's designee.
- ORDINANCE
- The applicable ordnance which requires a license, permit or approval for the activity.
- PERSON
- Any natural individual, partnership, joint venture, limited partnership, company, limited liability company, association, corporation, professional corporation or limited liability corporation.
Whenever in any ordinances of the Borough a
license, permit or approval is required for any activity of any kind
or nature whatever, it shall be unlawful for any person to conduct,
engage in or carry on any such activity within the Borough, personally
or through an agent or employee, directly or indirectly, without having
first having obtained the license.
Unless otherwise provided by the ordinance or
rules or regulations promulgated thereunder:
A.
Applications for all licenses and permits required
by this chapter shall be made, in writing, to the office of the designated
officer.
B.
Each application shall contain at least the following
information, in the following suggested format:
(1)
A description of the activity, including a name, if
applicable.
(2)
Name of the applicant.
(3)
Present residence of the applicant.
(4)
Address to which the Borough may direct correspondence
to the activity.
(5)
Nature of activity.
(6)
Residence of applicant during past five years.
(7)
Whether the applicant has held a license, permit or
approval to conduct the activity denied or revoked.
(8)
Details of any arrests or convictions for misdemeanors
and crimes, including the nature of the offense for which arrested
or convicted, the date of conviction and the place where said conviction
was obtained.
(9)
Home and business telephone number of the applicant.
(10)
Name, address and telephone of attorney, if
applicable.
(11)
Name, address and telephone number of the registered
agent, if the applicant is a corporation.
(12)
If the applicant is a corporation, the information
required herein shall be about the president and secretary, and if
a partnership, about all partners.
Unless otherwise provided by the ordinance or
rules or regulations promulgated thereunder, forms for licenses, permits,
approvals and applications therefor shall be prepared by and kept
on file in the office of the designated officer.
All licenses, permits or approvals shall be
issued by the designated officer only upon payment of the proper fees
and granting of the application by the designated officer.
Upon receipt of an application for a license,
permit or approval, and the required fee, the designated officer shall
conduct the necessary inquiry, inspection or investigation to determine
the applicant's qualification for and compliance with the requirements
for the license, permit or approval. Unless otherwise provided by
the ordinance, the designated officer shall make a determination thereon,
favorable or otherwise, within 15 days after receiving the application.
Unless otherwise provided in the ordinance or
rules or regulations promulgated thereunder, all fees and charges
for licenses, permits and approvals shall be paid in advance at the
time application therefor is made to the designated officer, and fees
shall become a part of the general Borough treasury.
The fees for licenses, permits and approvals
are used primarily to cover the costs of necessary inquiries, inspections
and investigations, regulation of the activity and administration
and enforcement of the ordinance and laws. These fees bear a reasonable
relationship to the costs of regulation and administration.
Unless otherwise provided by the ordinance or
rules or regulations promulgated thereunder, no license, permit or
approval issued under the ordinance shall be transferable.
No license, permit or approval shall be issued
for any activity unless the activity is to be conducted in full compliance
with all applicable ordinances, laws, rules and regulations, including,
without limitation, any ordinances, laws, rules or regulations governing
the location, premises or building to be used for the activity.
Unless otherwise provided by the ordinance or
rules or regulations promulgated thereunder or law, or stated in the
license, permit or approval, all licenses, permits or approvals issued
under the ordinance shall expire on December 31 next after issuance.
Unless otherwise provided by the ordinance,
licenses, permits or approvals issued under the ordinance shall be
posted at the place of the activity shown on the application or license,
permit or approval, in a conspicuous place, and shall remain posted
for the duration of the year for which issued and so long as the activity
is being conducted. In the case of an activity that is not conducted
in a fixed location, the license, permit or approval shall be carried
or near the person conducting, engaging in or carrying on the activity.
Unless otherwise provided by the ordinance or
rules or regulations promulgated thereunder:
A.
Licenses, permits or approvals issued under the ordinance
may be revoked by the designated officer, in writing, for any of the
following causes:
(1)
Fraud, misrepresentation or false statement contained
in the application.
(2)
Fraud, misrepresentation or false statement by the
licensee, permitee, or approved person in the course of conducting
the activity.
(3)
Any violation of any other ordinance of the Borough,
law, rule or regulation.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the activity in an unlawful manner or in
such a manner as to constitute a breach of the peace or a menace to
the health, safety or general welfare of the public.
(6)
Any reason established by the ordinance.
If the ordinance or rules or regulations promulgated
thereunder do not provide a method of appeal, then any person aggrieved
by the action of the designated officer in the denial of a license
shall have the right to appeal to the Borough Council or its designees.
Such appeal shall be taken by filing with the Borough Council or its
designee, within 10 days after notice of the action complained of
has been mailed to such person's last known address, a written statement
setting forth fully the grounds for the appeal. The Borough Council
or its designee shall set a time and place for hearing on such appeal,
and notice of such hearing shall be given to the applicant. The decision
of the Borough Council or its designee on such appeal shall be final
and conclusive.
The proper enforcement of the provisions of
this chapter shall be within the jurisdiction the designated officer.
A.
Debts recoverable. All fees, fines and penalties imposed
by this chapter shall be recoverable by the Borough as other debts
are recoverable.
B.
Collection costs as added costs. If, for any reason,
the fee is not paid when due, in addition to any interest and penalties
applicable thereto, the person or persons liable therefor shall also
be liable for all the costs of collection, including but not limited
to attorney's fees, collection fees, whether a flat fee, percentage
fee or hourly fee, administrative costs of collection and billing
and all other fees and costs charged to or incurred by the Borough.
Any person who is required to have a license
and who shall violate any provision of this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not more that $600 and, in
default of payment, to undergo imprisonment for a term not to exceed
30 days. Each day that a violation of this chapter continues shall
constitute a separate offense.
