This Part may be known and cited as the "Business
Privilege License Ordinance of 2003."
Definitions. The following words and phrases,
when used in this Part, shall have the meanings ascribed to them in
this section unless the context clearly indicates a different meaning:
ADDRESS
All of the street address, post office box and e-mail address
or similar electronic address of the person whose address is requested.
BUSINESS
Any business, enterprise, activity, occupation, profession,
service or trade of any kind or nature whatsoever, excepting only
any officers, employees, departments or agencies of the government
of the United States or of the Commonwealth of Pennsylvania; any nonprofit
corporations or associations which are exempt from federal income
tax under § 503(c)(3) of the Internal Revenue Code and organized
solely and exclusively for religious, educational or charitable purposes
and not conducting any regular or established business competing commercially
with any other person subject to the fee herein imposed; any person
disposing of articles of his, her or its own production or manufacture;
and any person which is a utility service or regulated by the Pennsylvania
Public Utility Commission.
COLLECTOR
The person designated by the Council of the Borough of Homestead
by resolution to collect the fee imposed by and administer the provision
of this Part.
[Amended 9-8-2005 by Ord. No. 1172]
LICENSE
The business privilege license and the annual certificate
of renewal thereof.
PERSON
Any natural individual, partnership, joint venture, limited
partnership, company, limited liability company, association, corporation,
professional corporation or limited liability corporation.
PLACE OF BUSINESS
Any building, structure, lot, location or place of any kind
or nature whatsoever, or part thereof, at, in, on, from or through
which any activity which is intended to further the purpose of the
business occurs, takes place, transpires, begins, originates, passes
or terminates, whether or not all activities related to the business
occur in such building, structure, lot, location, place or part thereof,
and whether or not all such activities occur within the Borough.
The business privilege license shall not be
transferred to a person different from the person to whom it is initially
issued. The business privilege license may be transferred to a different
building, structure, lot, location or place to which the person to
whom it is initially issued is relocating if the person files an application
to do so.
The licenses shall be posted at the place of
business shown on the application for registration, in a conspicuous
place, and shall remain posted for the duration of the license year
for which it is issued and so long as the business is being conducted.
In the case of a business that is not conducted in a fixed location,
the license shall be carried or near the person conducting, engaging
in or carrying on the business.
Any person required to pay a fee for a business
privilege license who leaves the Borough prior to making payment shall
notify the Collector, in writing, of the address and telephone number
at which the Collector may contact the person for purposes of collecting
the fee.
An applicant or licensee who is denied a license
by the Collector and a licensee whose license is revoked by the Collector
shall have the right to appeal to the Borough Council or its designee.
Such appeal shall be taken by filing with the Borough Council or its
designee, within 10 days after notice of the action complained of
has been mailed to such person's last known address, a written statement
setting forth fully the grounds for the appeal. The Borough Council
or its designee shall set a time and place for hearing on such appeal,
and notice of such hearing shall be given to the applicant. The decision
of the Borough Council or its designee on such appeal shall be final
and conclusive.
The fees for the business privilege license
are used primarily to cover the costs of necessary inquiries, inspections
and investigations; regulation of the businesses; and administration
and enforcement of the ordinance and laws. These fees bear a reasonable
relationship to the costs of regulation and administration.
Nothing contained in this Part shall be construed
to empower the Borough to impose and collect the business privilege
fee on any person not within the police power of the Borough under
the laws or Constitution of the United States and/or, in the alternative,
the Constitution and the laws of the Commonwealth of Pennsylvania.
Any person required to apply, pay a fee for
or obtain a business privilege license who is convicted by a Magisterial
District Judge of violating any provisions of this Part shall be sentenced
to pay to the Borough an amount not exceeding $1,000 or $50 per day
from the first date of violation until the date of compliance, whichever
is greater, along with cost of prosecution, including attorney's fees,
and, in default of payment of such fine, costs and fees, to be imprisoned
for a period not to exceed 30 days.