Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Borough of Homestead, PA
Allegheny County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.
B. 
Revocation of a license may be appealed in the same manner as set forth in § 169-14 of this chapter for an appeal of a denial of a license, permit or approval. The licensee may not operate the business or enterprise licensed during the pendency of said appeal.
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.