[Adopted 5-8-2003 by Ord. No. 1144 (Ch.
119 of the 1999 Code)]
This Part may be known and cited as the "Business
Privilege License Ordinance of 2003."
Definitions. The following words and phrases,
when used in this Part, shall have the meanings ascribed to them in
this section unless the context clearly indicates a different meaning:
All of the street address, post office box and e-mail address
or similar electronic address of the person whose address is requested.
Borough of Homestead.
Any business, enterprise, activity, occupation, profession,
service or trade of any kind or nature whatsoever, excepting only
any officers, employees, departments or agencies of the government
of the United States or of the Commonwealth of Pennsylvania; any nonprofit
corporations or associations which are exempt from federal income
tax under § 503(c)(3) of the Internal Revenue Code and organized
solely and exclusively for religious, educational or charitable purposes
and not conducting any regular or established business competing commercially
with any other person subject to the fee herein imposed; any person
disposing of articles of his, her or its own production or manufacture;
and any person which is a utility service or regulated by the Pennsylvania
Public Utility Commission.
The person designated by the Council of the Borough of Homestead
by resolution to collect the fee imposed by and administer the provision
of this Part.
[Amended 9-8-2005 by Ord. No. 1172]
The business privilege license and the annual certificate
of renewal thereof.
January 1 through December 31, inclusive.
Any natural individual, partnership, joint venture, limited
partnership, company, limited liability company, association, corporation,
professional corporation or limited liability corporation.
Any building, structure, lot, location or place of any kind
or nature whatsoever, or part thereof, at, in, on, from or through
which any activity which is intended to further the purpose of the
business occurs, takes place, transpires, begins, originates, passes
or terminates, whether or not all activities related to the business
occur in such building, structure, lot, location, place or part thereof,
and whether or not all such activities occur within the Borough.
1.
It shall be unlawful
for any person to open, operate or maintain a place of business within
the Borough, advertise a business address, business telephone number
or business fax number located within the Borough or otherwise carry
on, conduct or engage in a business within the Borough, personally
or through an agent or employee, directly or indirectly, permanently
or temporarily, without having first applied for, paid for and obtained
a license as required in this Part.
2.
When a person so opens, operates or maintains more than one place of business, advertises more than one address, telephone number or fax number, or otherwise carries on, conducts or engages in more than one business within the Borough as set forth in Subsection 1, whether or not at the same building, structure, location, lot or place, or part thereof, the person shall file an application for, pay the fee for and obtain a business privilege license for each such business.
1.
Every person
who opens, operates or maintains a place of business within the Borough,
advertises a business address, business telephone number or business
fax number located in the Borough or otherwise carries on, conducts
or engages in a business within the Borough, personally or through
an agent or employee, directly or indirectly, permanently or temporarily,
or who desires to continue to do so, or who hereinafter begins to
do so, shall, on or before the commencement of the license year or
prior to commencing business in such license year, make application
for registration with the Collector for each such business for which
the person opens, operates or maintains a place of business, each
such business address, business telephone number or business fax number
the person so advertises and each such business the person otherwise
carries on, conducts or engages in unless the person has previously
registered the business.
2.
Each application
shall contain at least the following information, in the following
suggested format:
A.
The name, address,
telephone number and fax number of the applicant.
B.
If different
from the applicant's, the name, address, telephone number and fax
number of the business.
C.
A description
of the business.
D.
Whether the
applicant has had a license, permit or approval to conduct the business
denied or revoked by the Borough or any other jurisdiction.
E.
Details of any
conviction of the applicant for a misdemeanor or felony relating to
the business, including the crime or offense for which convicted,
the date of conviction and the jurisdiction in which the conviction
occurred. If the applicant is a corporation, the information required
herein shall also be about the officers, and if a partnership, also
about all partners.
F.
Each application
for registration shall be signed: in the case of a natural individual,
by the natural individual; in the case of a partnership, limited partnership
or joint venture, by the managing member thereof; and in the case
of an association, company, limited liability company, corporation,
professional corporation or limited liability corporation, by an officer
thereof.
G.
Such application need be made only once unless the information about the business or the applicant required by the application changes or the person to whom the license is issued desires to transfer the license in accordance with § 13-708. Each applicant who pays the fee and who is otherwise eligible shall receive a license from the Collector. In the case of loss, defacement or destruction of any license, the person to whom the license was issued shall apply to the Collector for a new certificate, for which a fee of as set from time to time by Borough Council shall be charged.
[Amended at time of adoption of Code (see AO)]
1.
The fee for the
business privilege license shall be as set from time to time by the
Borough Council for each license year.
[Amended at time of adoption of Code (see AO)]
2.
Except as provided in Subsection 3, below, the business privilege license fee for the 2003 license year shall be due at the office of the Collector on June 16, 2003, and the business privilege license fee for each license year thereafter shall be due at the office of the Collector on January 1 of the license year. If, in any license year, the date on which the business privilege license fee is otherwise due is a Saturday, Sunday or Borough holiday, the business privilege fee for that fee year shall be due on the next Borough business day.
[Amended at time of adoption of Code (see AO)]
3.
The fee for an
initial license shall be paid at the time of application.
4.
The business
privilege license fee shall be deemed to be delinquent if not paid
at the office of the Collector within 30 days from the date it shall
become due.
5.
The Collector
shall not issue a license to any person who fails to pay the business
privilege license fee when required.
1.
The Collector
shall have the authority to conduct the necessary inquiry, inspection
or investigation to determine the applicant's compliance with the
requirements for the license and to issue the license. The Collector
shall make a determination thereon, favorable or otherwise, within
15 days after receiving the application.
2.
The Collector
may deny or revoke a license, in writing, for any of the following
causes:
A.
Fraud, misrepresentation
or false statement contained in the application.
B.
Fraud, misrepresentation
of false statement by the licensee or its agents or employees in the
course of conducting the business.
C.
Any violation
of any other ordinance of the Borough, law, rule or regulation.
D.
Conviction of
the licensee or its officers or members of any crime involving moral
turpitude.
E.
Conducting the
business 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.
Failure to pay
the business privilege license fee.
G.
Any reason established
by any other law, ordinance, rule or regulation.
3.
It shall be the
duty of the Collector to collect and receive the business privilege
license fee, penalties, interest and fines imposed by this Part; to
keep a record showing the amount received by the Collector from each
person paying the business privilege fee, penalty, interest or fine
and the date of such receipt; to administer the provisions of this
Part; and to enforce the provisions of this Part.
4.
The Collector
shall put all business privilege license fees, penalties, interest
and fines collected or received under the provisions of this Part
into the treasury of the Borough for the use and benefit of the Borough.
5.
The Collector
is hereby authorized and directed to make and to keep such records;
to prepare such forms; to prescribe, adopt and enforce such rules
and regulations relating to and matter pertaining to the administration
and enforcement of this Part, including rules or regulations for the
reexamination and correction of notices and payments alleged and found
to be incorrect; to make reasonable investigation to verify the accuracy
of any payment made or the reason for nonpayment; and to take such
other measures as may be necessary or convenient to carry this Part
into effect.
1.
All delinquent
business privilege license fees, penalties and interest under this
Part shall be collected by the Collector as other delinquent fees,
penalties and interest are now collected, with the assistance of the
Borough Solicitor, when requested.
2.
An additional
10% of the amount of the business privilege license fee shall be added
to any business privilege fee that is delinquent and shall be collected
by the Collector.
3.
Delinquent business
privilege license fees due under this Part shall bear interest at
the rate of 0.5% per month or fractional part of month from the day
they are due and payable until paid.
4.
In addition to
any other remedy available to the Borough or Collector under this
Part, all business privilege license fees, penalties, interest and
fines imposed by this Part shall be recoverable by the Borough as
other debts are recoverable.
The business privilege license shall not be
transferred to a person different from the person to whom it is initially
issued. The business privilege license may be transferred to a different
building, structure, lot, location or place to which the person to
whom it is initially issued is relocating if the person files an application
to do so.
The licenses shall be posted at the place of
business shown on the application for registration, in a conspicuous
place, and shall remain posted for the duration of the license year
for which it is issued and so long as the business is being conducted.
In the case of a business that is not conducted in a fixed location,
the license shall be carried or near the person conducting, engaging
in or carrying on the business.
Any person required to pay a fee for a business
privilege license who leaves the Borough prior to making payment shall
notify the Collector, in writing, of the address and telephone number
at which the Collector may contact the person for purposes of collecting
the fee.
An applicant or licensee who is denied a license
by the Collector and a licensee whose license is revoked by the Collector
shall have the right to appeal to the Borough Council or its designee.
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 fees for the business privilege license
are used primarily to cover the costs of necessary inquiries, inspections
and investigations; regulation of the businesses; and administration
and enforcement of the ordinance and laws. These fees bear a reasonable
relationship to the costs of regulation and administration.
Nothing contained in this Part shall be construed
to empower the Borough to impose and collect the business privilege
fee on any person not within the police power of the Borough under
the laws or Constitution of the United States and/or, in the alternative,
the Constitution and the laws of the Commonwealth of Pennsylvania.
Any person required to apply, pay a fee for
or obtain a business privilege license who is convicted by a Magisterial
District Judge of violating any provisions of this Part shall be sentenced
to pay to the Borough an amount not exceeding $1,000 or $50 per day
from the first date of violation until the date of compliance, whichever
is greater, along with cost of prosecution, including attorney's fees,
and, in default of payment of such fine, costs and fees, to be imprisoned
for a period not to exceed 30 days.
