[HISTORY: Adopted by the Borough Council of the Borough of
East Pittsburgh 2-8-1982 by Ord.
No. 768 (Ch. 37, Art. III, of the 1980 Code of Ordinances).
Amendments noted where applicable.]
It shall be unlawful for any person, partnership, association,
firm or corporation to conduct, engage in or carry on any business,
trade, occupation or activity as enumerated in this chapter within
the Borough of East Pittsburgh, Pennsylvania, without having first
complied with the provisions of this chapter and obtained a license
therefor as is herein provided.
Whenever in this chapter of the Borough of East Pittsburgh a
license is required for the maintenance, operation or conduct of any
business or establishment or for doing business or engaging in any
activity or occupation, any person, partnership, association, firm
or corporation shall be subject to the requirements if by itself or
through an agent, employee or partner it holds itself forth as being
engaged in the business or occupation or solicits patronage therefor
actively or passively, or performs or attempts to perform any part
of such business or occupation in the Borough of East Pittsburgh,
Pennsylvania.
A.
An application for all licenses required by this chapter must be
filed with the Borough Secretary at least one week before the activity
commences.
B.
Applications for all licenses required by this chapter shall be made,
in writing, to the Borough Secretary.
C.
Each application shall contain the following information in the format
below:
(1)
Name under which the business is to be conducted.
(2)
Name of the applicant. If a corporation, give names and addresses
of president and secretary; if a partnership, give names and addresses
of all partners.
(3)
Present address.
(4)
Address of business to be conducted.
(5)
Nature of business.
(6)
Residence of applicant during past 10 years, if an individual.
(7)
Whether the applicant has ever had a license to conduct the business
herein described denied or revoked.
(8)
Details of any arrests or convictions for misdemeanors and crimes,
including the nature of the offense for which arrested or convicted,
the date of conviction and the place where said conviction was obtained.
(9)
Business telephone number of the applicant.
(10)
Name and address of attorney, if applicable.
(11)
Name and address of the registered agent, if the applicant is
a corporation.
Applications and a record of the action taken thereon shall
be kept on file by the Borough Secretary.
All licenses issued under this chapter shall be issued by the
Borough through its officials or agents upon payment of the proper
fees herein set forth.
Upon receipt of an application for a license or permit, the
Borough Secretary may refer such application to the proper officials
or agents for making an investigation. The officials or agent charged
with the duty of making the investigation or inspection shall make
a report thereon to the Borough Secretary, favorable or otherwise,
within 30 days after receiving the application or a copy thereof.
The Borough Secretary shall examine the qualifications of any
applicant for a license or renewal thereof and shall have the right
to deny said issuance or renewal if the application or license has
not complied with general laws and statutes of the Commonwealth of
Pennsylvania or the ordinances of the Borough of East Pittsburgh.
A.
In the absence of a provision to the contrary, all fees and charges
for licenses shall be paid in advance at the time application therefor
is made to the Borough Secretary. All license fees shall become a
part of the general Borough funds.
B.
Where the licensee is engaged in more than one activity or operates
more than one device as enumerated in this chapter at the same location,
which may be subject to more than one fee, said licensee shall be
required to pay that fee for each activity conducted and each device
operated, but only one application need be filed.
The fees herein imposed for licenses are used to cover the costs
of inspections of such businesses to ensure compliance with the laws
of the Commonwealth of Pennsylvania and the ordinances of this municipality.
It is the legislative intent of this chapter to ensure the fact that
all businesses of whatsoever kind and wheresoever located in the Borough
shall be inspected periodically to ensure compliance with the laws
as aforesaid. In certain instances, there are those businesses which
warrant additional police surveillance and inspection. There are those
businesses which attract unusual amounts of vehicular traffic, necessitating
additional regulation and enforcement. These fees provide a reasonable
relationship to the costs of regulation and administration and any
portion thereof in excess of such actual cost shall be considered
as a tax for the general welfare of the Borough.
No license issued hereunder shall be transferable from one owner
or maintainer to another.
No license shall be issued for the conduct of any business,
and no permit shall be issued for any thing or act, if the premises
and building to be used for the purpose do not fully comply with the
requirements of the Borough.
All licenses issued hereunder shall expire on December 31 next
after issuance unless otherwise stated on said license.
Licenses issued under this chapter shall be posted at the place
of business shown on said license, in a conspicuous place. Said license
shall remain posted for the duration of the licensing year when issued
and so long as the licensed business is in operation.
A.
The license fees to be paid as hereinbefore provided, to the Borough
of East Pittsburgh, for conducting or engaging in the business, trades
or activities herein named at the place designated in the license
certificate shall be as follows, the names used being a designation
of such business, trade or activity required to be licensed:
|
Licensed Activity
|
Annual License Issuance Fee
|
|---|---|
|
Ownership or maintenance of:
| |
|
Electronic amusement games of all types
|
$150
|
|
Mechanical amusement games of all types
|
$75
|
B.
Hereinafter, the Borough Council may reestablish or amend any of
the fees, charges, licenses or any other costs by simply resolution.
[Amended 1-13-1997 by Ord. No. 856]
[Added 6-11-1982 by Ord.
No. 771]
The annual license fees imposed by this chapter will be due
on or before the last day of June 1982 for the year 1982 and on or
before the last day of March for the year 1983 and following years.
In the event such fees are not paid as required, the penalties imposed
by this chapter shall immediately become enforceable.
A.
Licenses issued under the provisions of this chapter may be revoked,
in writing, by the Borough Council upon direction to the appropriate
agent designated by the Council of the Borough of East Pittsburgh
for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application
for license.
(2)
Fraud, misrepresentation or false statement by the licensee in the
course of conducting the business licensed.
(3)
Any violation of this or any other ordinance of the Borough.
(4)
Conviction of any crime involving moral turpitude.
(5)
Conducting the business licensed in an unlawful manner or in such
a manner as to constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
B.
In the case of revocation, no part of the fee shall be refunded.
Any person aggrieved by the action of the Borough Secretary
in the denial of a license shall have the right to appeal to the Borough
Council. Such appeal shall be taken by filing with the Borough Council,
within 10 days after the 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
shall set a time and place of the hearing on such appeal, and notice
of such hearing shall be given to the applicant. The decision of the
Borough Council on such appeal shall be final and conclusive.
The proper enforcement of the provisions of this chapter dealing
with licenses shall be within the jurisdiction of those designated
officials or agents authorized by the Council of the Borough of East
Pittsburgh, who are charged with providing the necessary inspections
and regulations.
Any person who shall be convicted of violating or failing to
comply with the provisions of this chapter before any Magisterial
District Judge or court of competent jurisdiction shall be sentenced
to pay a fine of not more than $300 for each offense and, in default
of payment of said fine and costs, to be imprisoned in the Allegheny
County jail for a period not exceeding 90 days for each offense. In
cases of persons, partnerships, associations, firms or corporations,
the penalty may be imposed upon the parties or members thereof and,
in case of corporations, upon the officers thereof. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of a violation may be punished as provided above for each separate
offense.
The provisions of this chapter are severable. If any sentence,
word, phrase, clause or section of this chapter is for any reason
found to be unconstitutional, illegal or invalid, such unconstitutionality,
illegality or invalidity shall not effect or impair any of the remaining
provisions, sentences, words, phrases, clauses or sections of this
chapter. It is hereby declared to be the intent of the Council of
the Borough that this chapter would have been adopted if such unconstitutional,
illegal or invalid sentence, word, phrase, clause or section had not
been included herein.
This chapter shall be effective March 1, 1982.
