[HISTORY: Adopted by the Board of Supervisors
of Falls Township 10-7-1976 by Ord. No. 1976-5. Amendments noted where
applicable.]
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]
The business and professional registration application and
questionnaire.
The period from January 1 to December 31, inclusive.
The business and professional license.
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.
A.Â
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]
A.Â
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.
B.Â
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]
A.Â
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.
B.Â
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.
A.Â
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]
B.Â
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.
C.Â
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.
[1]
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.
