[HISTORY: Adopted by the Board of Supervisors of Falls Township 10-7-1976 by Ord. No. 1976-5. Amendments noted where applicable.]
Peddling and soliciting — See Ch. 173.
An annual business and professional license is hereby required for all persons conducting a commercial business or practicing a profession in Falls Township.
The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- All person or persons, commercial, wholesale and/or retail
establishments engaged in the buying, selling, storing and/or transferring
of properties, merchandise, goods, moneys, services and/or other items
who do so for a fee, price, retainer, percentage and/or other means
of compensation for the purpose, stated or otherwise, of realizing
a profit and/or other gains. Specifically excluded in this definition
shall be any not-for-profit entity or person having a valid sales
tax exemption approval issued by the Department of Revenue of the
Commonwealth of Pennsylvania as a charitable organization (including
volunteer, rescue and ambulance squads) religious organization, nonprofit
educational entity or volunteer fire company.[Amended 1-27-2004 by Ord. No. 2004-1]
- BUSINESS APPLICATION AND QUESTIONNAIRE
- The business and professional registration application and questionnaire.
- CALENDAR YEAR
- The period from January 1 to December 31, inclusive.
- The business and professional license.
- LICENSE YEAR
- The period from January 1 to December 31, inclusive, or as otherwise stated.
- Any individual, partnership, limited partnership, association, firm or corporation. Whenever used in any clause prescribing or imposing a penalty, the term "person" as applied to associations shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
- The Township of Falls.
Any person with or without a fixed business location within the Township desiring to conduct or to continue to conduct any business, as herein defined, within the Township of Falls shall file with the Township Manager a completed business application and questionnaire as set forth hereinbelow for a business and professional license and shall pay a fee of $75 for each annual renewal thereof or such other annual fee as shall be determined by the Board of Supervisors and set forth in the Code Fee Schedule. A late fee of $50 will be added if said business license application and the annual payment is not received by December 31 of the preceding applicable year.
[Amended 12-10-1981 by Ord. No. 81-40; 3-18-2003 by Ord. No. 2003-10; 4-21-2005 by Ord. No. 2005-3; 11-10-2008 by Ord. No. 2008-06]
In the event that two or more businesses occupy the same location, each business shall be required to obtain a separate license and complete a separate business application and questionnaire. The test in this regard shall be that one license shall be obtained for each separate Pennsylvania sales tax permit.
In the event the same person conducts business at two or more locations, a separate license and business application and questionnaire shall be required for each location even though the business is covered under a single Pennsylvania sales tax permit.
Each new business in the Township and each new person without a fixed business location within the Township must obtain a license and complete a business application and questionnaire prior to commencing activities. Businesses which apply for and receive a license within 60 days of the end of the license year need not apply for a license renewal for the following license year. Such license will be considered as a valid license for that license year.
[Added 11-18-2003 by Ord. No. 2003-18]
No license shall be issued to any business required by the Township to obtain a permit or approval for improvements or modification to any building or land unless the business files a certificate of insurance with the Township Manager at the time of license application. The certificate of insurance shall contain a provision that coverages afforded under the policy will not be canceled until at least 15 days' prior written notice of such cancellation has been given to the Township. The certificate of insurance must evidence policies of insurance, maintained at the expense of the business, for public liability, property damage, products liability and completed operations, each of which must have a single occurrence limit of at least $50,000. Blasting and demolition insurance shall also be required for blasting, earth disturbance and demolition contractors, and the reasonable limits of such insurance shall be determined by the Township Manager at the time of application, based on the nature and extent of the business’ proposed operations.
All types of and limits of insurance for which certificates are presented at the time of application, and based upon which a license is issued, shall be maintained throughout the license year or the license will be suspended or revoked as hereinafter set forth in this chapter. The Township Manager must approve the responsibility of new insurance carriers prior to a change in a carrier during a license year.
Every business which ceases to operate, changes the principal activity in which it is engaged, changes its location and/or locations in the Township, moves out of the Township or changes owners and/or managers must so notify the Manager of the Township within 30 days of such change. In the event of cessation of business or moving out of the Township, such business must provide the name, address and personal telephone number of the principal officer of such business to the Manager of the Township within 30 days of such event.
On or before October 1, 1976, the Manager of the Township will mail to each known business in the Township and to each known person doing business in the Township but not having a fixed business location within the Township, such as but not limited to appliance repairmen and home improvement contractors, an application and questionnaire for a business and professional license, a copy of the ordinance establishing the license and information concerning the responsibilities of the recipient as they pertain to the chapter. Each business will be required to affix all necessary information, return the application and questionnaire along with the required fee, and obtain said license on or before November 1, 1976.
Every business having a fixed address in the Township as well as all businesses located outside the Township but intending to do business in the Township shall be required to obtain a business and professional license no later than November 1, 1976. Said license shall be effective from the period November 1, 1976, to December 31, 1977. Thereafter a new license will be required annually. All licenses shall be renewed no later than January 31 of each license year. It shall be the responsibility of each business, whether new or old, to apply for a license at the Township Manager's office. In addition, every person desiring to conduct business in the Township must, prior to receiving a business and professional license, complete the business application and questionnaire above mentioned, which shall remain on file at the Township Building. A license shall not be issued to any business if said business has not completed and filed with the Township the business application and questionnaire.
The license shall be conspicuously posted in the place of business for which such license is issued and/or prominently displayed by the nonresident person, such as a repairman, when doing business in the Township. The license shall remain in effect for the license year or fraction of year for which said license was issued, or as otherwise stated herein.
Individuals employed by a business for a wage or salary; agencies of the government of the United States or of the Commonwealth of Pennsylvania; the business of any political subdivision, or of any municipal authority created or organized under and pursuant to any Act of Assembly; and children under 18 years, doing part-time business, are exempt from the provisions of this chapter.
[Amended 1-27-2004 by Ord. No. 2004-1]
Utilities. A license shall not be required from any utility service of any person whose rates for services are fixed and regulated by the Pennsylvania Public Utility Commission, or on any public utility service rendered by any such person or on any privilege or transaction involving the rendering of any such public utility service.
Agriculture. Persons engaged in the growing, caring, collection or storing of farm products, including but not limited to livestock, vegetable and fruit products, are exempt from the provisions of this chapter. This does not apply to those persons engaged in the retail sale of such products.
[Amended 12-1-1977 by Ord. No. 77-9; 7-28-1988 by Ord. No. 88-13; 1-25-2001 by Ord. No. 2001-1]
Any person, firm or corporation who violates or permits a violation of this chapter shall be subject to a civil enforcement proceeding and, upon conviction, shall be sentenced to pay a civil penalty of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to file a complaint for such violation and seek any other available relief at law or equity, including injunction, to enforce compliance with this chapter.
[Added 9-15-2009 by Ord. No. 2009-01]
All contractors required to register for licensing with the Pennsylvania Bureau of Consumer Protection of the Office of Attorney General shall be required to file proof of such registration and licensing with the Township Manager before the issuance of any permits, approvals or licenses otherwise required under the Falls Township Code.
Editor's Note: Former § 145-12, Confidential nature of application and questionnaire, was repealed 3-16-2004 by Ord. No. 2004-6.
The Manager of the Township or his duly appointed deputies shall have the power in the name of the Township to institute proceedings against any and all persons who violate the provisions of this chapter. If for any reason the fee is not paid when due and suit is brought for the recovery of any such fee, the person liable therefor shall, in addition, be liable for the costs of collection and penalties herein imposed.
[Amended 9-15-2009 by Ord. No. 2009-01]
Nothing contained in this chapter shall be construed to empower the Township to levy and collect the fee or fine hereby imposed on any person or any portion of any business not within the regulation power of the Township under the Constitution of the United States and the laws and Constitution of the Commonwealth of Pennsylvania, including but not limited to the Pennsylvania Home Improvement Consumer Protection Act, as may be amended.
The business and professional license now adopted does not excuse any person or business from its obligation to obtain any or all other necessary permits, licenses or other papers or to pay any other fees as are now or may in the future be required, nor does the issuance of a license authorize the conduct of any business in violation of any laws of the United States of America, the Commonwealth of Pennsylvania or any of its political subdivisions.