A. Organization.
(1) Membership. The Code and License Appeals Board shall be a body of five members consisting of: the Finance Director or his/her designee who shall serve as Chairperson; a Councilperson from the District the business is located in or the designee of the President of Council if the District Councilor is unavailable, a member of the business community; a resident at large; and member of a recognized City of Reading community group.
(2) Alternates. There shall be three alternate members, one each from the following groups: a member of the business community, a resident at large and a member of a community group recognized by the City of Reading.
(3) Appointment. All members of the Board shall be appointed by the Mayor with the approval of the Council of the City of Reading.
(4) Term. A member or alternate member shall serve a term of three years from the time of appointment or reappointment or until his/her successor shall take office. Members and alternates of the initial board shall be appointed to staggered terms of one, two and three years.
(5) Powers of designees and alternates. Designees and alternate members may be requested to attend meetings in absence of a regular member and shall have all the powers of a regular member at such meetings.
(6) Quorum and majority vote. Three members shall constitute a quorum of the Board. A majority vote of the members of the quorum of the Board shall prevail. A tie vote shall be deemed as a denial of the appeal.
B. Powers. The Board shall have the following powers:
(1) Promulgate rules and regulations. To adopt and administer the rules of procedure regarding its organization, officers (except the Chairperson), times and places of meetings, conduct of meetings and other legal procedures relating to the hearing and determination of appeals and other matters within the Board's jurisdiction.
(2) Hear and decide matters. To hear and decide matters regarding the revocation of a business privilege license where it is alleged that one of the criteria set forth herein has been violated. The Board is also authorized to hear appeals of refusals of business privilege license or cease operations order.
(3) Timeliness. In exercising the above-mentioned powers, the Board shall act with reasonable promptness and seek to prevent unwarranted delays prejudicial to the party involved and to the public interest; provided, however, that the Board shall hold a hearing on any founded complaint within 20 days and shall file its decision within 10 days after the appeal hearing.
(4) Authority. The Board is empowered to find no cause for the revocation of a business privilege license or cause to revoke a business privilege license. The Board shall be bound by this Part and shall not ignore the clear provisions and intent of this Part.
C. Fees. If the Board determines that a business privilege license is to be revoked, the licensee shall be responsible for all fees, costs and expenses related to the hearing before the Code and License Appeals Board. In appeals from refusals of business privilege license or cease operations order, the applicant shall pay a fee to appeal in an amount established by Fee Ordinance of the City of Reading.6
D. Appeals refusals of business privilege license or cease operations order. Applicants who are refused a business privilege license or receive a cease operations order may appeal said determination to the Code and License Appeals Board within 10 days of receipt of notification of refusal of a business privilege license or cease operations order. Notice of such decisions shall be in accordance with the requirements set forth herein. A hearing and decision by the Board of said appeal shall be per timeliness requirements herein.
E. Appeals to the court of common pleas. Appeals of any decision of the Code and License Appeals Board shall be in accordance with the Local Agency Law, 2 Pa.C.S.A. § 751 et seq., of the Commonwealth of Pennsylvania. Such an appeal shall not serve as a stay in the case of revocation of a business privilege license. The licensee must petition the court for a stay to continue operation of the business during any appeal.
6. Editor's Note: See Ch. 212, Fees.