[Ord. No. 29-2014, § 1, eff. 12-22-2014]
As used in this Title, certain terms are defined as follows:
(a) 
LICENSE OFFICER
The Director of the Department of Permits, Licenses, and Inspections who is hereby empowered to delegate any authority granted him or her or any other officer or employee of the Department. Any duty prescribed herein to be performed by the Director may be performed by the Director or other officer or employee of the Department assigned such duty by the Director.
(b) 
INSIGNIA
Any tag, plate, badge, emblem, sticker or any other similar device which may be required for any use in connection with any license.
(c) 
LICENSEE
A license holder for any use or period of time of any special privilege granted relevant to any provision of this Title.
(a) 
Compliance Required. No person, either directly or indirectly, shall conduct any business or nonprofit enterprise or use in connection therewith any vehicle, premises, machine or device, in whole or in part, for which a license is required by any law or ordinance, without first obtaining the license and keeping it in effect at all times as required by law or ordinance. No person under eighteen (18) years of age shall be entitled to a license.
(b) 
Special Sales. This Business Licensing Title applies to all business in the nature of special sales for which a license is required by any law or ordinance and no person, either directly or indirectly, shall conduct any sale except in conformity with the provisions of this Title.
(1) 
One Act Constitutes Doing Business. For the purpose of this Title, any person shall be deemed to be in business or engaging in nonprofit enterprise, and thus subject to the requirements of subsections (a) and (b) hereof, when he does one (1) act of:
A. 
Selling any goods or services;
B. 
Soliciting business or offering goods or services for sale or hire; or
C. 
Acquiring or using any vehicle or any premises for business purposes in the city.
(2) 
Agents Responsible for Obtaining License. The agents or other representatives of nonresidents who are doing business in the City shall be personally responsible for the compliance of their principals and of the businesses they represent with this Title.
(3) 
Separate License for Branch Establishments. A license shall be obtained in the manner prescribed herein for each branch establishment or location of the business engaged in, as if each branch establishment or location were a separate business, except for warehouses and distributing plants used in connection with and incidental to a business licensed under the provisions of this Title.
(4) 
Nonprofit and Charitable Enterprises. Nonprofit and charitable enterprises shall obtain a license and pay all fees or other charges therefor unless specifically exempt therefrom. When a nonprofit or charitable organization is specifically exempt from the payment of license fees, it shall apply to the License Officer for an "Exempt Mercantile License" who on approval thereof shall issue the license.
[Ord. No. 27-2018, § 1, eff. 8-6-2018]
(a) 
Duties. The License Officer shall collect all license fees and issue all licenses in the name of the City to all persons qualified under the provisions of this Title and shall do the following:
(1) 
Make Rules. Promulgate and enforce all reasonable rules and regulations necessary to the operation and enforcement of this Title.
(2) 
Adopt Forms. Adopt all forms and prescribe the information to be given therein, as well as the manner of submission of forms.
(3) 
Require Affidavits. Require applicants to submit all affidavits and oaths necessary to the administration of this Title.
(4) 
Obtain Endorsement. Submit all applications, in proper cases, to interested City officials for their endorsements thereon as to compliance by the applicant with all laws, ordinances or regulations which they have the duty of enforcing.
(5) 
Investigate. Investigate and determine the eligibility of any applicant for a license as prescribed herein.
(6) 
Examine Records. Examine the books and records of any applicant or licensee when reasonably necessary to the administration and enforcement of this Title.
(7) 
Give Notice. Notify any applicant of the acceptance or rejection of his or her application and deliver written reasons for denial at the applicant's request.
(b) 
Information Confidential. The License Officer shall keep all information furnished or obtained under the authority of this Title in strict confidence. The information shall not be subject to public inspection and shall be kept so that the contents thereof shall not become known except to the persons charged with the administration of this Title.
[Ord. 3-2001, eff. 2-15-2001; Ord. No. 27-2018, § 1, eff. 8-6-2018]
(a) 
General Standards to Be Applied. The general standards herein set out relative to the qualifications of every applicant for a City license shall be considered and applied by the License Officer.
(1) 
Good Standing. Each shall be of good standing. In making the determination, the License Officer shall consider only:
A. 
(Reserved)
B. 
License History. The license history of the applicant; whether the person, in previously operating in this or another state under a license has had a license revoked or suspended and the reasons thereof, as well as adhering to Standards of Conduct as defined in Section 701.09.
C. 
Payment History. Whether the applicant accrued unpaid fee(s) or nonpayment of a returned check required for related or different license(s) issued by the Department of Permits, Licenses and Inspections.
D. 
Any other reason expressly provided for in this title.
(2) 
Tax Compliance. Applicants must be current or in a payment plan for all applicable tax obligations for the City of Pittsburgh. The License Officer shall ascertain from the City Department of Finance office whether required compliance has been obtained.
(3) 
No City Obligations. Each applicant shall not be in default under the provisions of this Title nor indebted nor obligated in any manner to the City except for current taxes.
(4) 
Compliance With Building and Zoning Laws. Each applicant shall certify to his or her knowledge that he or she is not in violation of any City building or zoning laws.
(5) 
Maintain Proof of Insurance(s). Each licensee shall maintain general liability insurance, and workers compensation insurance (if applicable). Licensees shall maintain vehicle insurance(s), where vehicles are used to carry on licensed business. Insurances shall include a signed statement that the licensee shall hold harmless the City of Pittsburgh, its officers and employees and shall indemnify the City of Pittsburgh, its officers and employees for any claims or damage to property or injury to persons, which may be occasioned by any activity carried on under the terms of the license. Licensee shall furnish and maintain such public liability, food products liability, and property damage insurance as will protect the licensee and the City from all claims for damage to property or bodily injury, including death which may arise from operations under the permit or in connection therewith. Such insurance shall provide coverage for bodily injury for each person, for each occurrence and for property damage per occurrence, as prescribed by the License Officer. Such insurance shall be without prejudice to coverage otherwise existing therein, and shall name as additional insured the City of Pittsburgh, its officers and employees, and shall further provide that the policy shall not terminate or be cancelled prior to the expiration date of the permit without thirty (30) days' written notice to the Director of the Department of Permits, Licenses and Inspections.
The License Officer shall not issue a license if it is determined that the licensed activity at the proposed location:
(a) 
Will be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(b) 
If the proposed use will be injurious to the use and enjoyment of other property in the immediate vicinity of the proposed use.
(c) 
If the premises are not of a nature and type that are suitable for the licensed activity.
[Ord. 8-1983, eff. 3-7-1983; Ord. 47-1985, eff. 11-25-1985; Am. Ord. 45-1997, eff. 1-15-1997; Ord. No. 29-2014, § 1, eff. 12-22-2014; Ord. No. 27-2018, § 1, eff. 8-6-2018; Ord. No. 37-2021, § 12, eff. 10-14-2021]
License fees shall be in the amounts prescribed in the annual fee schedule, by the process set forth in Chapter 170 of the City Code.
(a) 
Adjustment. The License Officer shall require an increase in fee when the status of a licensee changes to place the licensee in a classification imposing the increase in fee.
(b) 
Rebate. No rebate or refund of any license fee or part thereof shall be made for any reason except if the fee or any part thereof was collected through an error. The License Officer may adopt a refund policy upon the promulgation of rules and regulations where it is deemed applicable by the Department of Permits, Licenses and Inspections.
(c) 
Employees. Employees of the city, required to hold a license as provided for in this Title, shall have their license renewed annually without fee. Licenses issued without fee shall be valid only for the City employment and shall not be valid for any other purposes. The employee's supervisor shall provide a written statement to the License Officer stating the requirement for the employee to hold the license.
(d) 
Renewal Penalty. A renewal penalty shall be assessed for each license not renewed by the due date.
(e) 
Failure to Apply Penalty. Any business or individual that fails to appropriately apply for a license herein Title 7 and operates without a license for any period of time will be subject to a penalty fee of an amount prescribed by the annual fee schedule.
(f) 
Fees. License Fees shall be included in the annual fee schedule, established by the process set forth in Chapter 170 of the City Code.
Each license issued shall state upon its face:
(a) 
The name of the licensee and any other name under which the business is to be conducted.
(b) 
The kind and address of each business so licensed.
(c) 
The amount of license fee.
(d) 
The dates of issuance and expiration.
(e) 
Other information as the License Officer determines is necessary.
[Ord. No. 27-2018, § 1, eff. 8-6-2018; Ord. No. 37-2021, § 13, eff. 10-14-2021]
(a) 
General Standards of Conduct. Every licensee under this Title shall:
(1) 
Permit Inspection. Permit all reasonable inspections of his or her business and examinations of his or her books by public authorities authorized by law.
(2) 
Comply with Governing Law. Ascertain and at all times comply with all laws, ordinances and regulations applicable to the licensed business.
(3) 
Operate Properly. Avoid all forbidden, improper or unnecessary practices or conditions which do or may affect the public health, morals or welfare.
(4) 
Cease Business. Refrain from operating the licensed businesses on premises after license expiration and during any period of revocation or suspension.
(5) 
City Tax Compliance. All applicants must be current in their tax obligations as per City Code Section 701.04(a)(3).
(b) 
Display of License and Insignia. Every licensee under this Title shall:
(1) 
Premises. Post and maintain the license or insignia upon the licensed premises in a place where it may easily be seen at all times by interested parties.
(2) 
Vehicles. Affix any insignia or license delivered for use in connection with a licensed activity involving a vehicle in a prominent place on the outside thereof.
(3) 
Persons. Carry the license on his or her person when he or she has no licensed business premises.
(4) 
Machines. Affix any insignia delivered for use in connection therewith upon the outside of any coin, vending or other business machine or device, so that it may be easily seen at all times by interested parties, as required by the License Officer.
(5) 
Inoperative Licenses, Special Permits and Insignia. Not allow any license, permit or insignia to remain posted, displayed or used, after the period for which it was issued has expired; or when it has been suspended or revoked, or for any reason become ineffective. The licensee shall promptly return the inoperative license, special permit or insignia to the License Officer.
(6) 
Unlawful Possession. Not loan, sell, give or assign, to any other person to use or display, or to destroy, damage or remove, or to have in his or her possession, except as authorized by the License Officer or by law, any license, or insignia which has been issued to the licensee.
(c) 
New Location Desired. A licensee shall have the right to change the location of the licensed business provided he or she shall:
(1) 
Approval of License Officer. Obtain written permission from the License Officer for change of location.
(2) 
Payment of Fee. Pay a removal in an amount prescribed in the current fee schedule established by the process set forth in Chapter 170 of the City Code.
(d) 
Keep Records. Keep all records and books necessary to the computation of his or her license fee and to the enforcement of this Title. The License Officer shall make his or her own determination as to the requirements of a financial statement for any business where the licensee has failed to keep books and records as required herein.
A license is not transferable to another person, and is not otherwise transferable except as may be expressly provided elsewhere in this Title.
[Ord. No. 14-2016, § 1, eff. 6-6-2016]
The License Officer shall have the authority to establish the license year or term for any non-yearly licenses or permits issued under this Title. All yearly licenses or permits issued by the Department of Permits, Licenses, and Inspections (PLI) shall expire three hundred sixty-five (365) days after issuance. This section shall supersede all references to the expiration date and/or time of renewal for yearly PLI-issued licenses elsewhere in this Title. This section shall take effect upon enactment and shall not alter the term of existing licenses.
(a) 
Inspections. The following persons hereinafter called "inspectors" are authorized to conduct inspections in the manner prescribed herein:
(1) 
License Officer. The License Officer shall make all investigations necessary to the enforcement of this Title.
(2) 
Authorized Officials. The License Officer shall have the authority to order the inspection of licensees, their businesses and premises, by all City officials having duties to perform with reference to licensees or businesses.
(3) 
Police Officers. All police officers shall inspect and examine businesses located within their respective jurisdictions to enforce compliance with this Title.
(b) 
Authority of Inspectors. All inspectors shall have the authority to enter premises to inspect for violation of any provision of this Title. Persons inspecting licensees, their businesses or premises as herein authorized shall report all violations of this Title or of other laws or ordinances to the License Officer and shall submit other reports as the License Officer may require.
When a person knowingly allows another person who has not obtained a license to use his or her premises for an activity requiring a license under this Title, the person who allowed his premises to be so used shall be liable for any applicable fees required herein.
[Ord. No. 27-2018, § 1, eff. 8-6-2018]
(a) 
Any license issued pursuant to the provisions of this Title may be revoked or suspended at the discretion of the License Officer, based on the severity and/or frequency including and not limited to any of the following reasons:
(1) 
Fraud, misrepresentation or false statement contained in the license application.
(2) 
Fraud, misrepresentation or false statement made in the course of carrying on the business.
(3) 
Violation of any provision of this Title or rules or regulations duly made in accordance therewith.
(4) 
Conviction of any crime or misdemeanor involving moral turpitude.
(5) 
Conducting the business or using any vehicle, premises, machine or other device in connection therewith in an unlawful manner or in such a manner as to constitute a breach of peace or a menace to the health, safety or general welfare of the public.
(6) 
Obstruction of or denial of entry for authorized inspections.
(7) 
Violation of any City building or zoning laws, or rules or regulations duly made in accordance therewith.
[Ord. No. 29-2015, § 1, eff. 8-11-2015[1]]
(a) 
A Board of License and Inspection Review, consisting of five (5) members appointed by the Mayor and approved by City Council, shall be empaneled to hear and adjudicate appeals related to this Title or as otherwise set forward in this Code.
(b) 
The members of the Board of License and Inspection Review shall serve three-year terms.
(c) 
All appointees and sitting Board members shall be residents of the City of Pittsburgh, and at least two (2) members shall have experience working with community advocacy groups or community development corporations, and at least one (1) member shall have two (2) or more years' experience working in business licensing and building code inspections.
(d) 
The Board of License and Inspection Review shall adopt and maintain rules of procedure not inconsistent with the provisions of this Code or applicable law and shall make such rules of procedure available to the public.
(e) 
The Board of License and Inspection Review shall, by a majority vote, affirm, modify, reverse, vacate, or revoke the notice, order, or action from which an appeal is taken.
(f) 
Each decision of the Board of License and Inspection Review shall be made in writing and shall be available for public review.
[1]
Editor's Note: This ordinance also provided for the renumbering of former §§ 701.15 and 701.16 as §§ 701.16 and 701.18.
[Ord. No. 29-2015, § 1, eff. 8-11-2015]
(a) 
Any person aggrieved by any action of the License Officer related to the issuance, transfer, renewal, refusal, suspension, revocation, or cancellation of any City license issued pursuant to this Title shall have the right to appeal to the Board of License and Inspection Review.
(b) 
Appeals shall be filed in writing in a form and manner prescribed by the License Officer. Each appeal shall be accompanied by a copy of the notice, order, or other official document which is the subject of the appeal, as applicable. Each appeal shall be filed within thirty (30) days of the date of the action being appealed.
(c) 
All appeals considered by the Board of License and Inspection Review shall be heard in a public forum at a publicly advertised time as determined by the Board of License and Inspection Review.
(d) 
The Board of License and Inspection Review shall maintain an official record of all hearings and such hearings shall be conducted in compliance with all applicable laws.
[Ord. No. 29-2015, § 1, eff. 8-11-2015]
Whenever an appeal is filed pursuant to this Chapter or Title 10, Chapter 1004, Section 1004.02 is pending, compliance with the order, decision, notice of violation, or license suspension or revocation which is the subject of the appeal shall not be required except where there exists a condition of immediate danger or hazard to health, safety, or welfare which requires immediate compliance.
[Ord. 42-1990, eff. 1-1-1991; Ord. No. 29-2015, § 1, eff. 8-11-2015; Ord. No. 27-2018, § 1, eff. 8-6-2018]
(a) 
Whoever violates any provision of Title 7 Business Licensing shall be punished as provided in Section 101.09 of Title 1 Administrative.
(b) 
Administrative penalty fee shall be charged on all late filings for license permits under this Title as prescribed in the fee schedule posted.