This chapter shall be known as the "Pawnbrokers, Junk Dealers
and Secondhand Dealers Business Licensing Ordinance of the Borough
of Tyrone."
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other laws or ordinances, except those specifically repealed by this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.
BOROUGH
The Borough of Tyrone, Pennsylvania.
BUSINESS
Includes all kinds of vocations, occupations, professions,
enterprises, establishment, 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 Borough of Tyrone.
HEARING OFFICER
A hearing officer selected by Borough Council as provided under §
142-13 of this chapter.
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 themselves or for any other person,
under either personal appointment or pursuant to law.
POLICE
The Police Department of the Borough of Tyrone.
PREMISES
Includes all lands, structures and 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 otherwise
used in connection with any such business conducted on such premises.
The general standards herein set forth relative to the qualifications
of every applicant for a Borough 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 Borough. 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 Borough, including taxes.
D. Compliance with building and zoning laws. Each applicant shall certify
that to the applicant's knowledge the applicant is not in violation
of the building or zoning laws of the Borough of Tyrone. Any applicant
found to have made a false certification in this respect shall be
ineligible to obtain a license.
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 the 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 the licensee's license to
another person.
The hearing officer, for purposes of this chapter, in any particular
case, shall be a person appointed by Borough 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 Borough, 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
and the relief requested and shall be accompanied by an appeal fee
as determined by Borough Council from time to time. 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 said person's premises for an activity requiring
a license under this chapter, such person who permits the same, in
addition to any other applicable penalty, 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 $600 and shall pay the costs of prosecution or, in default of payment, undergo imprisonment for not more than 30 days. 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 §
142-3 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 as established by Borough
Council from time to time, which license shall thereafter be renewed
in accordance with this chapter upon payment of the specified fee
and fulfillment of all other requirements hereunder.