The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed herein:
AGENTIndividual of legal majority who has been designated by the owner as the agent of the owner or manager of the property under the provisions of this chapter.
AMUSEMENT GAMEAny mechanical, electric or electronic device used or designed to be operated for entertainment or as a game by the insertion of a piece of money, coin, token or other article or by paying money to have it activated. This definition does not include:
D. Any device maintained within a residence for the use of the occupants thereof and their guests.
Any device the possession or use of which is prohibited by law.
BUILDINGUsually a roofed and walled structure intended for permanent use by persons or property.
BUSINESSA calling, occupation, profession, or activity engaged in with the object of gain, benefit or advantage, either directly or indirectly, including, but not limited to, any person who rents a dwelling unit wherein the person does not reside.
BYOBThe term is meant to stand for "bring your own bottle," "bring your own beer," "bring your own beverage," "bring your own bag" or "bring your own booze." It is considered the practice of an individual or individuals bringing any alcoholic beverage to an establishment or property from another location for the purpose of consumption by either themselves or others.
BYOB BUSINESS OPERATION PERMITA permit issued by the City of Hazleton authorizing a business to operate as a BYOB within the City in accordance with the regulations to be established.
BYOB ESTABLISHMENTAny business facility, such as a dance hall, club, restaurant, meeting room or association not licensed by the Pennsylvania Liquor Control Board (PLCB) wherein patrons 21 years of age and older may consume alcoholic beverages which said patrons or others have carried onto the premises. Such may or may not require payment of any entry fee, cover charge or membership fee or associated with the purchase of nonalcoholic beverages or food.
BYOB FACILITYAny properly approved and licensed BYOB establishment within the City of Hazleton.
BYOB SPECIAL EVENT PERMITA permit issued by the City of Hazleton authorizing a nonprofit charitable organization, religious entity or other community organization to hold a BYOB special event within the City in accordance with the regulations set forth herein.
CHARITABLE ORGANIZATIONAn organization that is determined by the Internal Revenue Service to be exempt from federal income taxes under 26 U.S.C. § 501(c)(3), (4), (6), (7), (8), (10) or (19).
CHARITABLE PURPOSEA benevolent, philanthropic, patriotic, or eleemosynary purpose which does not result in personal gain to a sponsor, organizer, officer, director, trustee or person with ultimate control of the organization.
CHRONIC NUISANCE PROPERTY OR BUSINESSA property or business that, within any 120-day period, has three or more nuisance activities; or within any 365-day period, has six or more nuisance activities.
CITYThe City of Hazleton, County of Luzerne, and Commonwealth of Pennsylvania.
CODE OFFICIALThe person designated to administer the Business License Ordinance. The term includes a Code Enforcement Officer, Health Officer, Environmental Specialist, members of the Fire Department, or the Zoning Officer.
DAYAny consecutive twenty-four-hour period not constrained by a singular calendar day.
DAYSCalendar days unless otherwise specified.
DISPENSARYA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health to dispense medical marijuana. The term does not include health care medical marijuana organization as described in Section 19 of Act 16.
DORMITORYA residence hall offered as student or faculty housing to accommodate a college or university, providing living or sleeping rooms for individuals or groups of individuals, with or without cooking facilities, and with or without private baths.
DWELLING UNITA single habitable unit, means any building or portion of a building located on real property and used as a residence or sleeping place for one or more persons, providing living facilities for one or more persons, including permanent space for living, sleeping, eating, cooking, bathing, and sanitation, whether furnished or unfurnished. There may be more than one dwelling unit on a premises.
DWELLING UNIT, MULTIFAMILYA building designed for occupancy of families living independently of each other and containing three or more dwelling units per building. The term includes, but is not limited to, garden apartments, apartment buildings, row homes, townhouses, rooming and boarding houses.
DWELLING UNIT, TWO-FAMILYA detached or semidetached building designed for or occupied by not more than two individual families or dwelling units.
EMPLOYEEThe person in charge, person having supervisory or management duties, person on the payroll, family member, volunteer, person performing work under contractual agreement or any other person performing work in furtherance of a business entity.
FIRE DEPARTMENTThe Fire Department of the City of Hazleton or any member thereof, and includes the Fire Chief or his designee.
FOOD SERVICE ESTABLISHMENTAny place, permanent or temporary, within the City of Hazleton where food is prepared, handled, served, sold, or provided. The term includes any such place, regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term does not include food-processing establishments which do not sell or offer food to the ultimate consumer. "Food service establishment" shall include, but is not limited to, restaurants, bars, taverns, cafeterias, snack bars, temporary and mobile food establishments, retail food establishments, commissaries, etc.
GAME ROOMA building or place containing four or more amusement games.
GROWER/PROCESSORA person, including a natural person, corporation, association, partnership, trust or other entity, or combination thereof, which holds a permit from the Department of Health under Act 16 to grow and process marijuana. The term does not include health care medical marijuana organization as described in Section 19 of Act 16.
HEALTH CARE MEDICAL MARIJUANA ORGANIZATIONA vertically integrated health care system approved by the Department of Health to grow and process, to dispense medical marijuana, or both, in accordance with Chapter 19 of Act 16 under research programs.
INSPECTORAny person authorized by law, ordinance, or resolution to inspect buildings or systems (e.g., zoning, housing, plumbing, electrical systems, heat systems, mechanical systems, and health) necessary to operate or use buildings within the City of Hazleton. An inspector would include those persons identified as enforcement.
LANDLORDIncludes any owner, manager, or overseer of real property who has a tenant occupying a "rental unit" where the owner rents that dwelling unit regardless of whether such person has signed a written lease for occupancy of that dwelling unit.
LEGACY LEASEA residential property that has been transferred from one family member to another where the original owner continues to occupy the property without financial consideration.
LETSee "let for occupancy."
LET FOR OCCUPANCYTo permit, provide or offer, for consideration, possession or occupancy of a building, dwelling unit, rooming unit, premise or structure by a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement or contract for the sale of land, whether there is financial consideration or not.
LICENSEWritten approval from the City of Hazleton to operate a business.
LICENSEEThe business, person, or agent authorized for a license.
MEDICAL MARIJUANA ORGANIZATIONA dispensary or a grower/processor. The term does not include a health care medical marijuana organization as described in Section 19 of Act 16.
MOBILEThe capability of being active, but not necessarily in continuous movement.
NONREFRIGERATEDAny items or goods that are not required to be kept at a temperature set by the FDA.
NUISANCE ACTIVITYA. Any nuisance as defined by state law or local ordinance occurring on, around or near a property or business, including, but not limited to, violations of the following laws and regulations:
(1) International Property Maintenance Code currently adopted by the City;
Building, Property Maintenance or Fire Code currently adopted by the City; or
Any criminal conduct as defined by state law or local ordinance occurring on, around or near a property or business, including, but not limited to, the following activities or behaviors:
(6) Any domestic violence crimes;
Patronizing a prostitute;
Public disturbance noises;
Any firearms/dangerous weapons violations;
Any dangerous animal violations; and
Any drug-related activity.
A nuisance activity shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act.
OCCUPANTA person who resides at a premises regardless of age.
OPERATORAny person who has charge, care, or control of a premises.
OWNER, BUSINESSAny "person" having a legal or equitable interest in the "business."
OWNER, PROPERTYAn owner of record of real property, including the person whose name is identified as the grantee of record on the deed to the property as appearing of record in the Luzerne County Recorder of Deed's office as the record title owner of the real property.
OWNER-OCCUPANTAn owner who resides in a dwelling unit or occupies a nonresidential portion of the premises.
PEDDLERAny person who shall engage in peddling; see "mobile business."
PEDDLINGThe selling or offering for sale of any goods, information, wares or merchandise for delivery, which the persons selling or offering for sale may have in their possession or control, upon any of the streets or sidewalks or from house to house within the City of Hazleton.
PERMITWritten authority from the City of Hazleton.
PERSONIncludes any individual, firm, partnership, limited-liability partnership, limited-liability company, cooperative, corporation, joint venture, association, estate, trust, business trust, receiver, syndicate, holding company, or other group or combination acting as a unit, in the singular or plural, and the agent or employee having charge or control of a business in the absence of the principal.
POLICE DEPARTMENTAny sworn member of law enforcement currently employed by the City of Hazleton.
PREMISESAny partial area of real property.
PRINCIPALAn officer, director or person who directly owns a beneficial interest in or ownership of the securities of an applicant or permittee, a person who has controlling interest in an applicant or permittee, or has the ability to elect the majority of the Board of Directors of an applicant or permittee, other than a financial institution.
RENTAL UNITA dwelling unit or rooming unit which is let for occupancy.
RENTSAn owner of real property who lets someone use the property as a dwelling unit in return for payment or some other consideration, or an owner of real property that allows another person to occupy the property without the owner occupying the property.
SECONDHAND DEALERA person who engages in or operates the business of buying, selling, or trading any goods acquired from a nonretail source.
SELLThe exchange of goods or services for any type of consideration.
SOLICITINGThe seeking or taking of contracts or orders for any goods, wares or merchandise for future delivery, including soliciting orders or contracts for home and building repairs or improvements, or for subscriptions or contributions. See "mobile business."
SOLICITORAny person who shall engage in "soliciting."
TENANTAny person let to occupy.
VACANT BUILDINGA building or unit within a building that is not intended by the owner to be occupied by a person.
VEHICLE FOR HIREAny vehicle used for transportation of passengers for compensation.
YARD SALEAny nonlicensed sale of goods on residential property, including, but not limited to, the residential properties, garage, home, lawn, or yard.