No person shall conduct, carry on, exhibit, promote or engage in any miscellaneous business enumerated in §
191-4 of this article in any place, building, structure or premises within the Borough without first having obtained a license therefor as hereinafter provided.
[Amended 5-19-2015 by Ord. No. 15-15]
All applications for licenses issued under this article shall be made to the Borough Clerk. The application shall be accompanied with the proper license fee as indicated in §
191-4, together with the sum of $0.50 to cover the cost of issuing such license. No refunds shall be provided on any license.
[Amended 12-20-2016 by Ord. No. 2016-30]
A. After receiving the application, the Borough Clerk shall present
the same to the Mayor and Council for consideration at the next succeeding
meeting. Upon approval of the application by the Mayor and Council,
the license shall be issued by the Borough Clerk.
B. Where the Borough Clerk deems it appropriate, applications shall
be referred to the Chief of Police or a police officer designated
by him, who shall immediately institute whatever investigation of
the applicant's business responsibility, moral character, and ability
to properly conduct the licensed activity he considers necessary for
the protection of the public. He shall communicate his findings in
writing to the Borough Clerk within a reasonable time after the application
has been filed. If the investigator's report supports a finding that
the applicant's character, ability, or business responsibility is
unsatisfactory or that the products, services, or activity are not
free from fraud, the Borough Clerk shall refuse to issue the license
and shall so notify the applicant. Otherwise, the Borough Clerk shall
issue the license immediately, provided the required license fee has
been paid, except in cases where approval of the Mayor and Council
is required. In the event of the refusal of the issuance of a license,
the applicant may appeal to the Mayor and Council for a hearing. The
appeal must be filed in writing with the Borough Clerk within 14 days
after notification of the refusal. The Mayor and Council shall hold
the hearing within 10 days thereafter. The decision of the Mayor and
Council shall be final.
C. The procedure in Subsection
B above is applicable to any license issued through or by the Borough Clerk, regardless of whether it appears in this chapter, to the extent not specifically superseded by another chapter that cannot be reconciled with Subsection
B or where Subsection
B is specifically superseded by State or Federal law.
Licenses shall be obtained for the operation of the following
enumerated miscellaneous businesses upon payment of the respective
indicated license fees:
A. Antique furniture: the business of dealing in antique furniture or
other articles of any antique nature not classified as secondhand
articles. The license fee for dealers in antique furniture shall be
$100.
B. Auctioneer: the business of selling, by auction, goods, chattels,
wares, merchandise, real estate and other articles not prohibited
by law. This subsection shall not apply to a single auction sale held
on the premises of a resident or property owner of the Borough, which
sale is held for the purpose of liquidating a specific personal estate
or a specific piece of real estate or a specific business, farm or
farmland.
[Amended 3-24-1977 by Ord. No. 77-9]
(1) The license fee for holding each auction shall be $100.
(2) The license fee for an auctioneer shall be $200.
C. (Reserved) Editor's Note: Former Subsection C, crematories and mausoleums,
was repealed 4-9-1996 by Ord. No. 96-8.
D. Laundries: the business of maintaining, conducting and operating
a steam laundry or hand laundry. This license shall be issued only
on compliance with health rules and regulations promulgated by the
Board of Health. The license fee for laundries shall be $200.
Editor's Note: Former Subsection E, dealing with food and beverage
vending machines, which immediately followed this subsection, was
repealed 11-4-1971 by Ord. No. 684.
In addition to the penalty prescribed in §
191-12, the Mayor and Council may, after notice and hearing, revoke any license granted under this article if any provision of this article is violated or if the licensed place or premises is so operated as to constitute a nuisance.