It is not intended by this chapter to repeal, abrogate, annul
or in any way impair or interfere with existing provisions of other
ordinances except those specifically repealed. Where this chapter
imposes a greater restriction or license fee upon persons, premises
or personal property than is imposed or required by such existing
provisions of other ordinances, the provisions of this chapter shall
control. Where an existing provision of another ordinance imposes
a greater restriction or license fee upon persons, premises or personal
property than is imposed or required by this chapter, the provisions
of the other ordinance shall control.
It shall be unlawful for any person, either directly or indirectly,
to conduct or carry on a business or to use in connection therewith
any vehicle, premises, machine or device, in whole or in part, for
which a license is required by any ordinance of this Borough without
a license having first been procured therefor and kept in effect at
all such times as required by this chapter or other ordinance of this
Borough heretofore or hereafter adopted. It shall also be unlawful
for any person, either directly or indirectly, to conduct or carry
on a business in this Borough in a manner differing from any description
of the business operation contained in the previously submitted license
application or not consistent with the certification contained on
the application for said business license.
Application for license hereunder, both new and renewal, shall
be made to the Borough Clerk. A change in the nature of the business
conducted from description of the business operation contained in
the previously submitted license application shall trigger the requirement
of an application for a new license.
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.
The license issued for the specific activity shall apply only
to the location disclosed in the application. All licenses issued
under this article shall expire on July 14 of the year following issuance.
Any license granted under this article shall be conspicuously
displayed in a prominent place at the place of business of the licensee.
Said license shall not be transferable to another person.
In addition to the penalty prescribed in §
191-23, 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.
[Amended 3-14-2006 by Ord. No. 06-2; 3-22-2011 by Ord. No. 11-08; 6-12-2018 by Ord. No. 18-09]
A. Enforcing authority. If necessary to enforce the provisions of this
article, the Mayor and Council may appoint a person or persons whose
responsibility it shall be to enforce the provisions of this article.
B. Violations. Any person who violates any provision of this chapter
shall, upon conviction, be subject to a penalty of not less than $200
nor more than $2,000. A separate offense shall be deemed committed
on each day during which a violation occurs or continues.
(1) A landlord of a property, building, or premises with a virtual office
shall be subject to this violation and penalty where the Borough is
unable to serve the virtual office with a citation or, if served,
the virtual office fails to pay the citation, either voluntarily or
after a conviction. Each unlicensed virtual office within a property,
building, or premises shall be a separate offense.