The purpose of this chapter 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, and except as may be specifically otherwise provided elsewhere in
this chapter.
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 he considers necessary for the protection
of the public. He shall communicate his findings in writing to the Borough
Clerk within a reasonable time after the application has been filed. If the
investigator decides that the applicant's character, ability or business responsibility
are unsatisfactory, or 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 shall so notify the applicant. Otherwise, the Borough
Clerk shall issue the license immediately, provided the required license fees
have been paid, except in cases where approval of the Borough Council is required.
In the case of an application for a solicitor's, peddler's, or canvasser's
license, the license may be issued immediately subject to the investigation.
In the event of the refusal of the issuance of a license, the applicant may
appeal to the Borough Council for hearing. The appeal must be filed, in writing,
with the Borough Clerk within 14 days after notification of the refusal. The
Borough Council shall hold its hearing within 10 days thereafter. The decision
of the Borough Council shall be final.
Licenses shall be in a form which the Borough Council shall prescribe
by resolution and shall contain the following information:
A. The name and address of the licensee.
B. The number and type of the license and the nature of
the licensed activity.
C. The street address, or if there is no street address,
the lot and block number as shown on the Tax Map, at which the licensed activity
is conducted, if the activity is carried on at a fixed location.
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 Borough Council
may require by resolution.
The Borough Clerk shall keep a record of all licenses issued under this chapter. The record shall be in a form prescribed by resolution of the Borough Council and shall contain the same information as is required by §
198-4 to be contained in the license. It shall also indicate the amount of the fee paid for each license, the date upon 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 which the Borough 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. In all other cases the licensee shall have the license in his
possession at all times and shall display it upon the request of any police
officer or any person with whom he is doing business.
Every license shall apply only to the person to whom it was issued and
shall not be transferable to another person. Licenses may be transferred from
place to place in cases where the licensed activity is conducted at a fixed
location, but only with the approval, by resolution, of the Borough Council.
The fee for the transfer of a license from place to place shall be $5.
Notice of a hearing for the revocation of a license or permit shall
be given in writing by the Borough Clerk. The notice shall specifically set
forth the grounds upon which the proposed revocation is based and the time
and place of the hearing. It shall be served by mailing a copy 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.
At the hearing the licensee shall have the right to appear and be heard,
to be represented by an attorney, to present witnesses in his own behalf,
to cross-examine opposing witnesses and to have a permanent record made of
the proceedings at his own expense. The Borough 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.
The Borough Council may issue another license to a person whose license
has been revoked or denied as provided in this chapter if, after 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 Borough Council may, by resolution, make rules and
regulations which interpret or amplify any provisions 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.