It is the intent and purpose of this chapter
to register certain businesses being operated in the Borough to assist
Borough officers and employees such as the Police Department, Fire
Department, taxation officers, zoning officers, construction officers,
health department officers, and others, in promptly locating a particular
business, and the owners of the property and the owners and operators
of the business thereof, in order that the Borough personnel will
know the nature of the business when they go there and will know the
names and addresses of the owners and operators of the business. This
information will all be located in one central location, which will
substantially aid Borough employees in the prompt and efficient interaction
with the business community.
A. For the purpose of this section, the term "business"
shall mean any commercial use which is:
(1) Specifically mentioned as a permitted use within the residential district, business districts or light industry districts in Chapter
560, Zoning, of the Code of the Borough of Stone Harbor;
[Amended 4-19-2011 by Ord. No. 1375]
(2) A valid preexisting nonconforming use; or
(3) A use permitted by variance granted by the Stone Harbor
Board of Adjustment, the Borough of Stone Harbor or a court of competent
jurisdiction.
B. Exception: Any business granted an annual license
by the Borough is exempt from the provisions of this chapter.
[Added 5-16-2023 by Ord. No. 1636]
A. Pursuant
to P.L. 2022, c. 92 (S1368), the owner of a business shall maintain
liability insurance for negligent acts and omissions in an amount
of no less than $500,000 for combined property damage and bodily injury
to or death of one or more persons in any one accident or occurrence.
All business owners shall annually register the applicable certificate
of insurance in connection with their business license application.
Pursuant to P.L. 2022, c. 92 (S1368), the failure to comply with this
registration requirement carries a maximum penalty of $5,000 against
an owner who fails to comply with the provisions.
B. The following
entities are required to register their certificate of insurance under
this chapter:
(1) Businesses,
which shall mean any permitted commercial use.
(2) Owners
of single rental dwelling units.
(3) Owners
of multiple-dwelling rental units.
(4) Owners
of multifamily homes that include rental units, even where one unit
is owner-occupied.
Any person or association of persons operating
or intending to operate a business in the Borough of Stone Harbor
shall, within 30 days of opening his, her or its business, and annually
thereafter, file an application to register each business location
and pay the appropriate fee. The application shall be made upon a
form furnished by the Borough Clerk, which application shall require
the following information: business name, the name and address of
the business owner, the name and address of the property owner, telephone
number of business, home and business telephone numbers of property
owner (winter and summer), home telephone number of business operator
(winter and summer), business classification, and the anticipated
opening and closing dates of the business together with what other
additional information may be required from time to time by Borough
Council.
The business registration form shall clearly
set forth, in all capital letters and underlined, the following sentence: THE ISSUANCE OF THIS GENERAL BUSINESS REGISTRATION SHALL IN NO WAY
BE CONSTRUED TO CONSTITUTE APPROVALS BY THE BOROUGH OF STONE HARBOR
AS TO ZONING ISSUES, CONSTRUCTION ISSUES, FIRE PREVENTION ISSUES,
REAL ESTATE TAX ISSUES, OR ANY OTHER ISSUES, OTHER THAN APPROVAL THAT
THE BUSINESS HAS BEEN REGISTERED WITH THE BOROUGH UNDER THIS ORDINANCE.
[Amended 10-3-2006 by Ord. No. 1269; 2-21-2017 by Ord. No. 1490]
The fee for each business registration shall
be set by resolution for each business location to be paid annually,
and shall be payable when the application is filed. The business year
shall run from June 1 through May 31. The annual registration application
and payment of the fee shall be completed prior to June 30 of each
year; a late fee of $50 shall be applied after July 1 of each year,
and the registration document must be publically displayed upon the
business premises.
[Amended 3-7-2006 by Ord. No. 1251]
Any person or association of persons convicted of filing a knowingly false registration application for his, her or its business location shall be subject to a fine of at least $100 but no more than the penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code, and any person or association of persons convicted of a violation of any of the other provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
III, Penalty, of the Borough of Stone Harbor Code.