Wharton |
Code of Ordinances |
Part II. General Legislation |
Chapter 227. Precious Metals, Gems and Secondhand Goods |
§ 227-7. Investigation of applicant; issuance or denial of license; appeal.
Latest version.
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A.Upon receipt of an application completed pursuant to this chapter, the Borough Clerk shall refer the application to the Police Chief or the Police Chief's designee who shall arrange for the fingerprinting of the applicant and institute such investigation of the applicant's moral character and business responsibility as the Police Chief deems necessary for the protection of the public welfare. In the event that the licensee is a business entity other than a sole proprietorship, the officers in a corporation or the partners in a partnership (or limited partnership) shall be deemed to be the applicant(s) who shall be fingerprinted and investigated according to this chapter. Upon completion of the investigation, the Police Chief shall return the application or a copy thereof to the Borough Clerk accompanied by a recommendation as to whether the license should be issued or denied. Upon issuance of the license, the Borough Clerk shall give the applicant a copy of this chapter.B.If the recommendation of the Police Chief is to deny the license, the grounds for the recommendation shall be stated in writing. Any person aggrieved by such denial may file a written appeal to the Mayor and Council through the Borough Clerk within 15 days from the date of denial. This appeal may be perfected by service of a notice of appeal on the Borough Clerk either personally or by certified mail. The Mayor and Council shall conduct a hearing on an appeal within 30 days of the Borough Clerk's receipt of the filing of a notice of appeal, and a decision shall be rendered, in writing, on the appeal within 20 days of the close of the hearing. The Mayor and Council may confirm or reverse the denial as deemed advisable.C.As to any applicant for a license under this chapter, the Police Department of the Borough of Wharton shall, upon the initial application, conduct a full background investigation. With respect to subsequent renewals of the license, the Police Department shall conduct a background investigation by applicant's name, social security number and date of birth for the purpose of the annual renewal of said application.D.Any applicable fees relating to the investigation of the applicant, including fees for fingerprinting and/or a background check, shall be paid by the applicant.