This chapter shall be known as the "Pawnbrokers, Junk Dealers
and Secondhand Dealers Business Licensing Ordinance of the City of
Altoona."
It is not intended by this chapter to repeal, abrogate, annul
or in any other way impair or interfere with existing provisions of
other laws or ordinances, except those specifically repealed by this
chapter. Where this chapter imposes a greater restriction upon persons,
premises or personal property than is imposed or required by such
existing provisions of law, ordinance, contract or deed, the provisions
of this chapter shall control.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, words in the singular number include the plural number, and
words of the masculine gender shall include the feminine. The word
"shall" is always mandatory and not merely directory.
BUSINESS
Includes all kinds of vocations, occupations, professions,
enterprises, establishments, and all other kinds of activities and
matters, together with all devices, machines, vehicles and appurtenances
used therein which are conducted for profit or benefit, directly or
indirectly, on any premises in the City of Altoona.
CITY
The City of Altoona, Pennsylvania.
LICENSE or LICENSEE
As used generally herein, shall include, respectively, the
words "permit" or "permittee" or the holder for any use or period
of time of any similar privilege, wherever relevant to any provision
of this chapter or other law or ordinance.
PERSON
Includes individual natural persons, partnerships, joint
ventures, societies, associations, clubs, trustees, trusts, corporations
or other limited liability entities, or any officers, agents, employees,
factors or any kind of personal representatives of any of the above,
in any capacity, acting either for himself or for any other person
under either personal appointment or pursuant to law.
POLICE
The Police Department of the City of Altoona.
PREMISES
Includes all lands, structures, places, and also the equipment
and appurtenances connected or used therewith in any business, and
also any personal property which is either affixed to, or is otherwise
used in connection with any such business conducted on such premises.
General standards to be applied. The general standards herein
set forth relative to the qualifications of every applicant for a
City license shall be considered and applied by the License Officer
in determining whether to grant or refuse to grant a license to any
applicant.
A. Good moral character. Each applicant shall be of good moral character.
In determining whether an applicant is of good moral character, the
License Officer shall consider only:
(1) Penal history. All convictions for crimes of moral turpitude.
B. License history. The license history of the applicant; whether such
person, in previously operating in this or another state under a license
regulating a business, has had such a license revoked or suspended
and the reasons therefor.
C. No obligations to the City. Each applicant shall be in default under
the provisions of this chapter, and ineligible to obtain a license,
if past due with respect to any debt or obligation incurred in any
manner to the City, including taxes.
D. Compliance with building and zoning laws. Each applicant shall certify
that to his/her knowledge he/she is not in violation of the building
or zoning laws of the City of Altoona. Any applicant found to have
made a false certification in this respect shall be ineligible to
obtain a license.
Information required. Each license issued hereunder shall state
upon its face:
A. The name of the licensee and any other name under which such business
is to be conducted.
B. The kind and address of each business so licensed.
C. The amount of license fee therefor.
D. The dates of issuance and expiration thereof.
E. Such other information as the License Officer shall determine.
A licensee shall not transfer his/her license to another person.
The Hearing Officer, for purposes of this chapter, in any particular
case shall be a person appointed by City Council who is capable of
conducting an administrative hearing in a thorough, fair and impartial
manner, examining and weighing evidence, applying applicable law to
the facts of a case, and writing a decision setting forth findings
of fact and conclusions of law in support of such decision. A hearing
officer may be an employee of the City, so long as he/she is not a
subordinate of the License Officer. A hearing officer shall have full
authority and power to carry out the duties of the Hearing Officer
as set forth in this chapter. In addition to his/her duty to take
actions upon the recommendation of the License Officer in refusing,
suspending or revoking any license, a hearing officer shall hear and
decide all appeals from persons aggrieved by any decision or order
of the License Officer (except a decision to file summary enforcement
proceedings with a Magisterial District Judge) when it is alleged
that the decision or order complained of is not authorized by this
chapter or directs a method of compliance which imposes an unreasonable
burden upon the licensee without good cause. In such cases, a hearing
officer shall have the authority, in a proper case, to change, modify
or rescind any decision or order of the License Officer or to extend
the time for compliance. All appeals to a hearing officer from decisions
or orders of the License Officer shall be filed with the License Officer
within 10 days of the date of the decision or order complained of.
The appeal shall be in writing, shall specify the grounds therefor,
the relief requested and shall be accompanied by an appeal fee as
established by resolution of the City Council. Upon receipt of an
appeal, a hearing shall be held after not less than 30 days' written
notice to the licensee.
Where a person allows another person who has not procured a
license to use his/her premises for an activity requiring a license
under this chapter, such person who allows his/her premises to be
used shall be held liable for any applicable license fees required
herein.
Any person who violates any provision of this chapter or any final order of the License Officer or Hearing Officer issued pursuant to the authority of this chapter shall, upon conviction therefor in a summary proceeding, be fined not less than $150 nor more than $1,000 and shall pay the costs of prosecution or undergo imprisonment for not more than 90 days, or both. Each day during which a violation continues shall constitute a separate offense. As used in this section, the term "person" shall have the meaning set forth in §
515-3 of this chapter.
All existing businesses required to be licensed hereunder shall
apply for a license within three months from the passage of this chapter,
and all such applicants shall be charged a fee of $25, which license
shall thereafter be renewed in accordance with this chapter upon payment
of the specified fee and fulfillment of all other requirements hereunder.