[Adopted 10-14-1974 as Ch. 61 of the 1974 Code; amended
in its entirety 3-13-2003 by Ord. No. 1143 (Ch. 169 of the 1999
Code)]
As used in this Part, the following terms shall
have the meanings indicated:
A person filing an application for a license or permit.
Borough of Homestead, Allegheny County, Pennsylvania.
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.
The applicable ordnance which requires a license, permit
or approval for the activity.
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:
1.
Applications
for all licenses and permits required by this Part shall be made,
in writing, to the office of the designated officer.
2.
Each application
shall contain at least the following information, in the following
suggested format:
A.
A description
of the activity, including a name, if applicable.
B.
Name of the
applicant.
C.
Present residence
of the applicant.
D.
Address to which
the Borough may direct correspondence to the activity.
E.
Nature of activity.
F.
Residence of
applicant during past five years.
G.
Whether the
applicant has held a license, permit or approval to conduct the activity
denied or revoked.
H.
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.
I.
Home and business
telephone number of the applicant.
J.
Name, address
and telephone of attorney, if applicable.
K.
Name, address
and telephone number of the registered agent, if the applicant is
a corporation.
L.
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:
1.
Licenses, permits
or approvals issued under the ordinance may be revoked by the designated
officer, in writing, for any of the following causes:
A.
Fraud, misrepresentation
or false statement contained in the application.
B.
Fraud, misrepresentation
or false statement by the licensee, permittee, or approved person
in the course of conducting the activity.
C.
Any violation
of any other ordinance of the Borough, law, rule or regulation.
D.
Conviction of
any crime involving moral turpitude.
E.
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.
F.
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 Part shall be within the jurisdiction the designated officer.
1.
Debts recoverable.
All fees, fines and penalties imposed by this Part shall be recoverable
by the Borough as other debts are recoverable.
2.
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.
[Amended at time of adoption of Code (see AO)]
Any person who is required to have a license
and who shall violate any provision of this Part shall, upon conviction
in a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus court costs and reasonable attorneys' fees
incurred by the Borough in the enforcement proceedings. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
Part that is violated shall also constitute a separate offense. In
addition to or in lieu of enforcement under this section, the Borough
may enforce this Part in equity in the Court of Common Pleas of Allegheny
County.
