friendship is compensation

[david peter gray]

Jurisdiction

Pennsylvania

I was told and fined for running a business out of my house. I am a retired mechanic who helps my friends without compensation when I can. I have been told that friendship is compensation therefore I am running a business without a license, Seems like the most ridiculous claim I have ever heard.

 

[PayrollHRGuy]

I have to ask, who "told" you that?

If, in fact, the act of working on multiple cars at your home isn't a violation of zoning laws where you live I would love to hear how a judge responds to that logic.

 

[zddoodah]

I was told and fined for running a business out of my house.

Told what and by whom? Fined by whom?

I have been told that friendship is compensation therefore I am running a business without a license

Who told you this?

Seems like the most ridiculous claim I have ever heard.

I concur.

 

[army judge]

I was told and fined for running a business out of my house

Local zoning laws in munipalties across the 50 states OUTLAW, as in PROHIBIT, what you describe.

For clarification, I suggest you contact your local elected leaders in Lancaster, PA.


GENERAL CONTACT INFO:

ZONING OFFICER
120 N. Duke St.
Lancaster, PA 17602



OFFICE HOURS
Monday – Friday
8:30 a.m. – 5 p.m.



PHONE: (717) 291-4736

https://lancaster-pa.maps.arcgis.com/apps/Viewer/index.html?appid=538346c47e9a4f22b190f3630d92ce56


https://cityoflancasterpa.com/wp-content/uploads/2013/10/Zoning-Map.pdf




Zoning | City of Lancaster, PA
...

 

[welkin]

I was told and fined for running a business out of my house. I am a retired mechanic who helps my friends without compensation when I can. I have been told that friendship is compensation therefore I am running a business without a license, Seems like the most ridiculous claim I have ever heard.

Go read the zoning ordinance you were cited for violating and see what the definition of a business is and if friendship is defined as compensation. You probably can look it up online. I'll bet a business is defined as something you do for profit. Also look for an ordinance that addresses home occupation.

If, in fact, the act of working on multiple cars at your home isn't a violation of zoning laws where you live I would love to hear how a judge responds to that logic.

Do you mean that OP has more than one car at a time on his property? Because OP said nothing about multiple cars.

 

[adjusterjack]

Even with one vehicle at a time, my guess is that the OP violated an ordinance prohibiting inoperable vehicles on the property.

Probably ticked off the neighbors by working on different cars at different times.

Judge got the city of Lancaster from OP's IP address so here's a link to the city code in case OP comes back with cited code section.

City of Lancaster, PA Table of Contents (ecode360.com)

 

[welkin]

Reading that zoning code is like going down a rabbit hole.

The only mention of vehicles that might apply does not talk to inoperable. It is contained in what a public PUBLIC NUISANCE is

"Includes, but is not limited to, accumulations of garbage and rubbish, infestations, the growing of grass, weeds or other vegetation beyond the height permitted by city Ordinance, the storage or abandonment of unregistered, uninsured or junked vehicles or other vehicles on unenclosed private or public property or the existence of other such items or conditions which are detrimental to the public health, safety and welfare."

Section 280-1514 addresses home occupation and does not prohibit auto repair.

 

[adjusterjack]

That's usually enough for a homeowner to get cited for a vehicle in various stages of repair.

However, looking back over the original post I note that OP was fined for "running a business out of his house...without a license."

That's covered by Chapter 114 Business Registration.

114-1 Registration required.
Every person or business engaged or intending to engage in any calling, business, occupation or profession by maintaining a business location, in whole or in part, within the limits of the City of Lancaster, Lancaster County, Pennsylvania, is required to register and pay a business registration fee to operate a business in the City.

BUSINESS
A calling, occupation, profession, or activity engaged in with the object of gain, benefit or advantage, either directly or indirectly.

That the city is defining friendship as compensation may give the OP grounds to appeal.

114-9 Appeals.
A. If a person or business fails to register a business or to furnish the information required by this chapter to the Registration Official, the Registration Official shall examine such records of the business or any other available records as may be appropriate and conduct such investigations and statistical surveys as the Registration Official may deem appropriate to assess any penalties as provided herein.

B. Any findings or penalties resulting from an inspection or investigation may be appealed to the Director of Economic Development and Neighborhood Revitalization, or his/her appointed representative, by filing a written notice of appeal within 10 days after the day of written notification to the person or business.

 

[stealthy1]

Is there an HOA involved?

 

[welkin]

BUSINESS
A calling, occupation, profession, or activity engaged in with the object of gain, benefit or advantage, either directly or indirectly.

It may be a stretch but the zoning officer could consider friendship a benefit.

 

[PayrollHRGuy]

Do you mean that OP has more than one car at a time on his property? Because OP said nothing about multiple cars.

I inferred from his original post that he had worked on the cars of multiple friends because he used the plural of the word friend and hence multiple cars. Not necessarily at the same time.