[HISTORY: Adopted by the Borough Council of the Borough of Wrightstown 10-12-2005
by Ord. No. 2005-7.[1] Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Mercantile Licensing
Ordinance of the Borough of Wrightstown."
As used in this chapter:
Any place or premises wherein 15 or more coin-operated amusement
machines or devices are maintained for use and operation by the public.
All kinds of vocations, occupation, professions, enterprises, establishments
and all other kinds of activities and matters, conducted for private profit
or benefit either directly or indirectly, within the Borough and which the
Borough has authority to license and regulate.
Any machine or contrivance operated by coin, token or device including
electronic activation of the machine upon the payment of a fee or other device
of any nature whatsoever used and operated by persons for amusement purposes.
This shall include but not be limited to all machines commonly known and designated
as "bagatelle," "baseball," "pinball," "video games," or any other game of
skill or table game and shall also include all machines, projectors or devices
showing or displaying motion-picture films or videotapes or portions thereof
and all other like things for entertainment or amusement.
The licensed premises consisting of a specific block and lot or lots
situate in the Borough of Wrightstown containing thereon a building or structure
in compliance with the Property Maintenance Code[1] (Ordinance 17-1 et seq.) of the Borough and such other ordinances
as may presently apply or be subsequently adopted or amended to apply to the
building or structure. No license may be issued except for a specific commercial
location within the Borough of Wrightstown.
It shall be unlawful for any person to conduct any business hereinafter
listed without being licensed to do so as required by this chapter.
The application procedure, general standards and hearing procedure to
be considered by Council in granting or denying a mercantile license are as
follows:
A.
The applicant shall complete in full the written mercantile
license application form provided by the Borough Clerk along with the payment
of the required fees and on initial application, and may be asked to provide
along with the application a background check to be obtained from a local
police department.
B.
The applicant shall be of good moral character, and in
determining moral character, the Borough Council may consider any prior convictions,
the reasons therefor and the circumstances surrounding prior convictions;
the prior license history of the applicant and whether the applicant has ever
had a license to do business revoked or suspended in the Borough or any other
place in this state. No license shall be issued if the applicant is delinquent
in any fees or taxes owed to the Borough of Wrightstown or if the premises
proposed to be licensed does not meet all of the applicable ordinance requirements
of the Borough of Wrightstown.
C.
An initial fee for inspection of a new business or transfer of ownership shall be paid in the amount of $50 for property maintenance inspection at the time and in the manner of application set forth herein. A reinspection fee of $25 shall be paid if necessary, prior to the issuance of the license. The applicant or applicants also must register with the Wrightstown Borough Bureau of Fire Prevention. They are required to meet all requirements including appropriate fees as set forth in Wrightstown Borough Code Chapter 85, prior to a vote by the Borough Council. In the event of a denial of the issuance of a mercantile license in accordance with this section by Borough Council, the applicant may request in writing within 10 days of the date of the notice of the denial, a hearing before Borough Council. At such hearing, the applicant shall be entitled to be represented by counsel, call witnesses in his or her behalf and to present to Council any other evidence the applicant deems relevant to the determination of Borough Council.
D.
No such license shall be issued unless evidence is presented
to Council that the business to be licensed meet the standards set forth in
this section and in the General Ordinances of the Borough of Wrightstown,
including a successful fire safety inspection. Licenses shall be issued only
by the Borough Council upon written application being made to the Council
therefor and the nonrefundable fee for such license being tendered to the
Borough Clerk.
A.
Council may issue a temporary conditional license authorizing the applicant to commence business subject to the compliance by the applicant of the condition or conditions as set forth by Council. Said conditional license may be issued for a period of up to 90 consecutive days. In addition to the fees as set forth in § 115-9, there shall be a nonrefundable surcharge of $50 or 1/4 of the applicable fee, whichever is greater, for the issuance of a conditional license in addition to all other permits, said fees to cover the administrative cost to the Borough and its officials in the issuance of a conditional license.
B.
Should the applicant not comply with the conditions set
forth by the Council in the conditional license, the license shall terminate
without further action by Council. It shall be incumbent upon the applicant
to reapply for a license, with all applicable nonrefundable fees paid.
A.
Every licensee under this chapter shall permit all reasonable
inspection of his business by public authorities so authorized by law; ascertain
and at all times comply with all laws and regulations applicable to such licensed
premises; avoid all forbidden, improper or unnecessary practices or conditions
which do or may affect the public health, safety, morals or welfare; and refrain
from operating the licensed business on premises after expiration of his license
and during the period of revocation or suspension of the license.
B.
In addition to the foregoing, no licensee shall solicit
business from passersby in any manner other than by display of merchandise,
lawful signs or other printed advertising and specifically, shall not, whether
from the inside or outside of the licensed premises, verbally solicit customers
from passersby, use any sound device audible upon the streets or other public
places or in person or by agent, stop passersby or verbally or physically
urge them to enter the premises or make purchases in the premises.
No license shall be transferable without the approval of Council, and
every license shall be suspended or revoked by Council for violation of this
chapter for any fraud, misrepresentation or false statement made in connection
with the selling of goods, wares or merchandise, or conviction of the licensee
of any crime involving moral turpitude or conducting the business in an unlawful
manner or in such manner as to constitute a breach of the peace or a menace
to the health, safety or general welfare of the public.
Licenses shall be issued for the life of the business. Any change of
use shall be seen as a new business and will be subject to the above outlined
process. Any business not requiring a fire safety inspection shall apply and
be charged the mercantile fees annually and licensee shall supply same to
the Borough Clerk annually, but not later than January 31 of each calendar
year, and updates or changes to the license.
The following nonrefundable fees are hereby fixed as of this date and
are subject to annual review by Borough Council. The nonrefundable fee shall
be by cash, certified check, or money order only, and made payable to "Wrightstown
Borough." A returned check fee of $25 will be applied to any returned check.
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Mercantile license and registration fee (including initial property
inspection)
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$50
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Property maintenance inspection fee (reinspection fee)
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$25
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Late fee (per month of part thereof)
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$75
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Traveling/temporary performances (per day)
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$100
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All other businesses not requiring a fire safety inspection
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$150
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As required by Borough ordinance, notary fee
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$5
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