The purpose of this article is to provide a
uniform set of procedures for administering the issuance, renewal
and revocation of all licenses issued by the Borough, except alcoholic
beverage licenses, dog licenses and taxicab licenses.
A.
All applications for licenses shall be accompanied
by the required fees and shall be made to or through the Borough Clerk
on forms provided by the Clerk and may contain all of the following
information as specified by the Council:
(1)
Name and permanent and local address of the applicant;
if the applicant is a corporation, the name and address of its registered
agent.
(2)
If the licensed activity is to be carried on at a
fixed location, the address and description of the premises.
(3)
If a vehicle is to be used, its description, including
the license number.
(4)
If the applicant is employed by another, the name
and address of the employer, together with credentials establishing
the exact relationship.
(5)
The days of the week and the hours of the day during
which the licensed activity shall be conducted.
(6)
A description of the nature of the business and the
goods, property or services to be sold or supplied.
(7)
A statement as to whether the applicant has been convicted
of any crime or the violation of any municipal ordinance other than
traffic offenses and, if so, the date and place of conviction, the
nature of the offense and the punishment or penalty imposed.
(8)
Appropriate evidence as to the good character and
business responsibility of the applicant so that an investigator may
properly evaluate his character and responsibility.
B.
The applicant shall be fingerprinted if the Chief
of Police determines that fingerprints are necessary for proper identification.
Fingerprint records shall be immediately processed for classification
and identification.
C.
Applications by partnerships shall be signed by all
partners, with the information required by this section supplied in
detail as to each partner. Applications of corporations shall have
attached individual statements containing all the information required
by this section relating to each employee or agent who shall engage
in the licensed activity and shall be signed by each employee or agent.
D.
Two photographs of a minimum size of one and one-half
by 1 1/2 inches, not over a year old, showing the applicant's
face, front and profile, shall be affixed to the application.
Each application shall be referred to the Chief
of Police or a police officer designated by him, who shall immediately
institute whatever investigation of the applicant's business responsibility,
moral character and ability to properly conduct the licensed activity
as he considers necessary for the protection of the public. He shall
communicate his findings in writing to the Clerk within a reasonable
time after the application has been filed. If the investigator decides
that the applicant's character, ability or business responsibility
is unsatisfactory or that the products, services or activity are not
free from fraud, he shall disapprove the application and the Clerk
shall refuse to issue the license and so notify the applicant. Otherwise,
the Clerk shall issue the license immediately, provided that the required
license fees have been paid, except in cases where approval of the
Council is required. A solicitor's, peddler's or canvasser's license
may be issued immediately, subject to investigation. If a license
is denied, the applicant may appeal to the Council for a hearing.
The appeal shall be filed in writing with the Clerk within 14 days
after notification of the denial. The Council shall hold the hearing
within 10 days thereafter, and its decision shall be final.
Licenses shall be in a form which the Council
prescribes by resolution and shall contain the following information:
A.
The name and address of the license.
B.
The number and type of the license and the nature
of the licensed activity.
C.
If the activity is carried on at a fixed location,
the address at which the licensed activity is conducted.
D.
If the licensed activity is conducted from a vehicle,
the make, model and license number of the vehicle.
E.
The expiration date of the license.
F.
Any other appropriate information which the Council
may require by resolution.
The Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Council and shall contain the information required by § 76-4. It shall indicate the amount of the fee paid for each license, the date on which payment was received, the date of the issuance of the license, whether the license is a new license or a renewal and any other information the Council may require by resolution.
When the licensed activity is conducted at a
fixed location or from a vehicle, the license shall be prominently
displayed at the location or on the vehicle. Otherwise, the licensee
shall have the license in his possession at all times and display
it upon the request of a police officer or any person with whom he
is doing business.
Each license shall apply only to the person
to whom it is issued and shall not be transferable to another person.
In cases where the licensed activity is conducted at a fixed location,
a license may be transferred from place to place, but only with the
approval, by resolution, of the Council. The fee for the transfer
of a license from place to place shall be $5.
A.
Except where expressly provided otherwise, all licenses
shall expire on December 31 of the year of issue at 12:00 midnight.
Applications for the renewal of licenses shall be made not later than
December 1 of the year of issue.
B.
When an application for a license is made during the
course of a calendar year, the fee shall be prorated to the nearest
month. Any period of time greater than 1/2 a month shall be considered
as a full month for this purpose.
C.
Any owner, occupant or lessee who requests the issuance
or renewal of any license or permit issued by or requiring the approval
of the Mayor and Council or of any agency, subdivision or department
of the Borough which issues permits shall be required to submit evidence
that all property taxes, assessments, sewer flow charges or any other
fees imposed or levied by the Borough have been paid.
[Added 11-19-1990 by Ord. No. 25-90]
A.
Causes.
(1)
Any license or permit issued by the Borough may be
revoked by the Council, after notice and a hearing, for any of the
following causes:
(a)
Fraud or misrepresentation in any application for
a permit or license.
(b)
Fraud, misrepresentation or other dishonesty in the
conduct of the licensed activity.
(c)
A violation of any provision of this Code.
(d)
Conviction of the license for any felony or high misdemeanor
or a misdemeanor or disorderly person's offense involving moral turpitude.
(e)
Conduct of the licensed activity, whether by the licensee
himself or his agent or employees, in an unlawful manner or in a manner
that constitutes a breach of the peace or a menace to the public health,
safety or general welfare.
(2)
Whenever a license has been issued immediately upon
application pending the results of the investigation, the license
may be summarily revoked if the result of the investigation is such
as would have resulted in denial of the license.
B.
Notice of hearing. Notice of a hearing for the revocation
of a license or permit shall be given in writing by the Clerk. The
notice shall specifically set forth the grounds on which the proposed
revocation is based and the time and place of the hearing. It shall
be served by mailing a copy of the notice to the licensee at his last
known address by certified mail, return receipt requested, at least
five days prior to the date set for the hearing.
C.
Hearing; determination. At the hearing the licensee
shall have the right to appear and be heard, to be represented by
an attorney, to present witnesses and to have a permanent record made
of the proceedings at his own expense. The Council shall revoke or
suspend the license if it is satisfied by a preponderance of the evidence
that the licensee is guilty of the acts charged.
D.
Reinstatement of revoked licenses. The Council may
issue another license to a person whose license has been revoked or
denied as provided in this section if after a hearing it is satisfied
by clear and convincing evidence that the acts which led to the revocation
or denial will not occur again; otherwise, no person whose license
has been revoked or denied, nor any person acting for him, directly
or indirectly, shall be issued another license to carry on the same
activity.
The Council may make, by resolution, rules and
regulations which interpret or amplify any provision of this chapter
or for the purpose of administering the provisions of this chapter
or making them more effective. No regulation shall be inconsistent
with or alter or amend any provision of this chapter, and no regulation
shall impose any requirement which is in addition to or greater than
the requirements that are expressly or by implication imposed by any
provision of this chapter.
