22 Pa. Stat. § 16

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 16 - Issuance of licenses; fees; bonds
(a) When the application shall have been examined, and such further inquiry and investigation made as the court of quarter sessions or the district attorney shall deem proper, and when the court of quarter sessions shall be satisfied therefrom of the good character, competency and integrity of such applicant, or, if the applicant be a partnership, association or corporation, of the individual members or officers thereof, and a period of ten days from the date of the filing of the application shall have passed, the court of quarter sessions shall issue and deliver to such applicant a certificate of license to conduct such business, and to own, conduct or maintain a bureau, agency, sub-agency, office or branch office for the conduct of such business on the premises stated in such application, upon the applicant's paying to the court of quarter sessions for each such certificate of license so issued, for the use of the county, a license fee of two hundred dollars ($200), if the applicant be an individual, or of three hundred dollars ($300), if a partnership, association or corporation, and upon the applicant's executing, delivering and filing in the office of the clerk of the court of quarter sessions a corporate bond in the sum of ten thousand dollars ($10,000), conditioned for the faithful and honest conduct of such business by such applicant, which surety bond must be written by a corporate surety company authorized to do business in this Commonwealth as surety, and approved by the court of quarter sessions with respect to its form, manner of execution and sufficiency. The license granted pursuant to this act shall last for a period of two years, but shall be revocable at all times by the court of quarter sessions for cause shown. In the event of such revocation or of a surrender of such license, no refund shall be made in respect of any license fee paid under the provisions of this act. Such bond shall be executed to the Commonwealth of Pennsylvania, and any person injured by the violation of any of the provisions of this act, or by the wilful, malicious and wrongful act of the principal or employe, may bring an action against such principal, employe, or both, on said bond, in his own name, to recover damages suffered by reason of such wilful, malicious and wrongful act: Provided, That the aggregate liability of the surety for all such damages shall in no event exceed the sum of such bond. In each and every suit or prosecution arising out of this act, the agency of any employe as to the employment and as to acting in the course of his employment shall be presumed.

The license certificate shall be in a form to be prescribed by the court of quarter sessions, and shall specify the full name of the applicant, the location of the principal office or place of business, and the location of the bureau, agency, sub-agency, office or branch office for which the license is issued, the date on which it is issued, the date on which it will expire, and the names and residences of the applicant or applicants filing the statement required by section four upon which the license is issued, and in the event of a change of any such address or residence, the court of quarter sessions shall be duly notified in writing of such change within twenty-four hours thereafter, and failure to give such notification shall be sufficient cause for revocation of such license. No such license shall be issued to a person under the age of twenty-five years.

(b) Except as hereinafter provided in this subsection, no such license shall be issued to any person who has been convicted in this State or any other state or territory of a felony, or any of the following offenses:
(1) illegally using, carrying or possessing a pistol or other dangerous weapon;
(2) making or possessing burglar's instruments;
(3) buying or receiving stolen property;
(4) unlawful entry of a building;
(5) aiding escape from prison;
(6) unlawfully possessing or distributing habit forming narcotic drugs;
(7) picking pockets or attempting to do so;
(8) soliciting any person to commit sodomy or other lewdness;
(9) recklessly endangering another person;
(10) making terroristic threats; or
(11) committing simple assault.

Except as hereinafter in this subsection provided, no license shall be issued to any person whose license has been previously revoked by the court of common pleas or the authorities of any other state or territory because of conviction of any of the crimes or offenses specified in this section. The provisions of this subsection shall not prevent the issuance of a license to any person who, subsequent to his conviction, shall have received executive pardon therefor removing this disability.

(c) There shall be kept in the office of the clerk of the court of quarter sessions a bulletin board, in a place accessible to the general public, on which shall be posted, at noon on Friday of each week, the following: a statement of all pending applications for licenses under this act, giving the name of the applicant, and whether individual, partnership, association or corporation, and the proposed business address, a similar statement of all such licenses issued during the preceding week, a similar statement of all such licenses revoked during the preceding week.
(d) No holder of an employment agency license shall be licensed under this act. While holding a license under this act, a licensee shall not, simultaneously, hold an employment agency license, or have financial interest in, or participate in the control and management of, any employment agency, or any other person, partnership, association or corporation engaged in private detective business, except that a licensee hereunder may own or possess stock in any corporation whose only business is to undertake, for hire, the preparation of payrolls and the transportation of payrolls, moneys, securities and other valuables, or whose only business is to provide or furnish protective or guard service to the government of the United States, or any subdivision, department or agency of the government of the United States. In the event of the filing in the office of the clerk of the court of quarter sessions of a verified statement of objections to the issuance of a license under the provisions of this act, no license shall be issued to such applicant until all objections shall have been heard in a hearing and a determination made by the court of quarter sessions.

22 P.S. § 16

1953, Aug. 21, P.L. 1273, §6. Amended 1988 , May 26, P.L. 405, No. 68, § 2, effective in 60 days.