[HISTORY: Adopted by the Borough Council of the Borough of
North Wales 1-28-1992 as Ord. No. 643.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Public activities — See Ch. 162.
[1]
Editor's Note: Section II of this ordinance provided
that it shall continue in full force and effect on a calendar-year
basis without the necessity of annual reenactment.
An annual business privilege license is hereby required for
all persons conducting a commercial business or practicing a profession
in the Borough of North Wales.
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:
The Borough of North Wales.
All persons and/or 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.
The business privilege registration application and questionnaire.
The period from January 1 to December 31, inclusive.
The business privilege license.
The period from January l 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.
A.
Any person with or without a fixed business location within the borough
desiring to conduct or to continue to conduct any business, as herein
defined, within the Borough of North Wales shall file with the Manager
of the borough a completed business application and questionnaire
as below set forth for a business privilege license and shall pay
a fee as shall be set forth from time to time by resolution of the
Borough Council[1] for each renewal thereof.[2]
A.
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.
In the event that the same person conducts businesses 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 borough and each new person without
a fixed business location within the borough 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.
Every business which ceases to operate, changes the principal
activity in which it is engaged, changes its location and/or locations
in the borough, moves out of the borough or changes owners and/or
managers must so notify the Manager of the Borough within 30 days
of such change. In the event of cessation of business or moving out
of the borough, such business must provide the name, address and personal
telephone number of the principal officer of such business to the
Manager of the borough within 30 days of such event.[1]
Every business having a fixed address in the borough, as well
as all businesses located outside the borough but intending to do
business in the borough, shall be required to obtain a business privilege
license. Said license shall be effective until December 31 of the
current year. 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 Borough Manager's office.
In addition, every person desiring to conduct business in the borough
must, prior to receiving a business privilege license, complete the
business application and questionnaire above-mentioned, which shall
remain on file at the borough building. A license shall not be issued
to any business if said business has not completed and filed with
the borough 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 for
the nonresident person, such as a repairman, when doing business in
the borough. The license shall remain in effect for the license year
or fraction of the year for which said license was issued, or as otherwise
stated herein.
A.
Persons. Individuals employed for a wage or salary, provided that
their principals have obtained a license; activities conducted by
nonprofit organizations or associations organized for religious, charitable
or educational purposes; 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
who reside with their parents within the borough, doing part-time
business, are exempt from the provisions of this chapter.
B.
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 from any public utility
service rendered by any such person or from any privilege or transaction
involving the rendering of any such public utility service.
C.
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.
Any person, firm or corporation who violates any provision of
this chapter shall, upon conviction in a summary proceeding before
any District Justice of Montgomery County, be punishable by a fine
of not more than $600 and costs of prosecution for each and every
offense or, upon default in payment of the fine and costs not caused
by indigence or lack of sufficient assets, by imprisonment in the
Montgomery County prison for a period not to exceed 30 days. Each
day that such violation is continued after notice shall constitute
a new and separate offense, punishable by like fine, penalty or imprisonment;
and further notices to the offender shall not be necessary in order
to constitute such continuance as an additional offense or offenses.
Any information gained by the Manager of the borough or any
other official, agent or employee of the borough as a result of any
application and questionnaire, investigations, hearings or verification
required or authorized by this chapter shall be confidential and shall
not be disclosed unless authorized by judicial order or as otherwise
provided by law.
The Manager of the borough or his/her duly appointed deputies
shall have the power in the name of the borough 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.
Nothing contained in this chapter shall be construed to empower
the borough to levy and collect the fee or fine hereby imposed on
any person or any portion of that business not within the regulation
power of the borough under the Constitution of the United States and
the laws and Constitution of the Commonwealth of Pennsylvania.
The business privilege 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 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.
