[HISTORY: Adopted by the Town Council of the Town of Millville 9-9-2008 by Ord. No. 08-01. Amendments noted where applicable.]
Clean hands policy — See Ch. 10.
No person shall engage in or carry on or aid or assist as employee, clerk or otherwise, in the Town of Millville, any business, occupation or activity or use therefor, any wagon, vehicle stand, store or other place or thing, at or from which any merchandise or commodity is dispensed or facilities or services are provided to members of the general public or members of an association, club or other body or the like, without first having paid the prescribed fee and having obtained from the Town of Millville an annual license for such business, occupation or activity. Specifically included are all persons, firms and corporations engaged for profit in selling any and all merchandise and/or giving commodities and/or in providing facilities, services, rental units and/or food service within the Town limits.
A license shall be obtained for each branch establishment or location of the business engaged in as if each branch or establishment or location were a separate business, provided that accessory buildings used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
If more than one business or occupation is carried on in any one building, each such business or occupation shall be licensed separately. Businesses that are a part of partnerships, firms, companies, associations, corporations, limited liability companies and trusts and do business under another name require individual business licenses.
All property owners who do not rent shall be required to file a certification that the owner does not rent or lease his or her property.
Applications for all licenses required by this chapter shall be made, in writing, to the Town Manager or her/his designee in the absence of provision to the contrary. Applications for all licenses shall be kept and filed by the Town Manager or her/his designee.
Application procedure. New applications for a license required by § 90-1 hereof shall be made on the prescribed form to the Town of Millville, and no license shall be granted until the license fee shall have been paid in full. Each such license and such application shall specify to whom it shall be issued and give the following information:
The home or business address and telephone numbers of the applicant.
If the applicant is a partnership, the names and addresses and telephone numbers of individuals composing the partnership.
If the applicant is a corporation, the names and addresses and telephone numbers of the principal officers of the corporation.
A full description of the nature of the business or enterprise for which the license is required.
The specific location of the business, occupation or activity.
The maximum number of employees, rental units, rental rooms, or storage units of a business during the license year.
Each license applicant and each licensee shall certify, in writing, on a form prepared by the Town, as follows:
The information on the application is true and correct and that a false answer can subject the application to denial or a license to revocation.
The applicant has consistently complied with all provisions of this chapter and all other laws and ordinances of the Town of Millville and other agencies and jurisdictions relating to the business or enterprise for which the license is required, including applicable zoning and building codes, and shall continue to do so throughout the term of the license.
Yearly renewal applications for a license required by § 90-1 shall validate the renewal information on the application generated by the Town of Millville and make any changes and/or corrections as needed. No license shall be granted until the license fee shall have been paid in full and the renewal application signed.
Address corrections and/or changes to existing licenses may be made on the yearly renewal application or a change of address form to the Town of Millville. It is the responsibility of the license holder to notify the Town of Millville, in writing, of any changes to the account. It is further the responsibility of the license holder to notify the Town of Millville, in writing, if the business is no longer valid.
Each license issued shall bear the name of the Town Manager.
The Town Manager or her/his designee shall investigate and review all applications for licenses to do business within the limits of the Town of Millville to determine whether:
The Town Manager or her/his designee shall not issue any license if it has been found that the applicant does not comply with the requirements of Subsection A hereof.
The Town Manager or his/her other representative may recommend to the Town Council the revocation or suspension of a license, in part or in its entirety, if it is found that the license holder or applicant does not comply with the requirements of this chapter.
Any person aggrieved by the decision of the Town Manager may, within five days, take an appeal to the Town Council by giving written notice of his or her election to do so to the office of the Town Manager and upon payment of a fee as provided by the fee schedule on file in the Town office. The Town Manager shall notify the Mayor, who shall call a meeting of the Town Council to hear the appeal after giving notice of the hearing in a newspaper of local circulation at least 15 days prior to said hearing.
[Amended 12-14-2010 by Ord. No. 11-03]
All annual license fees shall be due and payable to the Town of Millville no later than the first day of June of each year, and all licenses shall terminate on the last date of the fiscal year of the Town where no provision to the contrary is made. A late fee, as listed in the fee schedule on file in the Town office, is imposed if payment is received or postmarked after the due date.
The location of any licensed business or occupation or any permitted act may be changed, provided 10 days' notice thereof is given to the Town Manager or her/his designee in the absence of any provision to the contrary, provided that the building and zoning requirements of the ordinances of the Town of Millville are complied with.
No business, licensed or not, shall be so conducted or operated as to amount of nuisance in fact.
It shall be the duty of any person conducting a licensed business to keep his license posted in a prominent place on the premises used for such business at all times, or, if necessary, the license can be maintained in the vehicle used for the business or carried by an employee or person involved in the business. A license, issued by the Town of Millville, must be presented upon request by the Town Manager, Code Enforcement Officer or their designee.
In the absence of a specific provision restricting the number of licenses to be issued for a particular business, no ordinance or other action of the Town shall be determined to limit the number of licenses or franchises that may be issued.
[Amended 12-14-2010 by Ord. No. 11-03; 5-10-2016 by Ord. No. 17-01]
License fees and taxes shall be paid to the Town of Millville for conducting the business and engaging in the occupations and activities herein named and shall be as set forth in the fee schedule on file in the Town office:
Rental license fee and rental tax for apartments, cottages, cabins or private houses or other establishments offering rooms for public rental.
Rental license fee and rental tax for motels, hotels, bed-and-breakfast inns or other establishments offering public rental which are subject to paying the State of Delaware accommodations tax.
Rental license fee and rental tax for stores, garages, warehouses or any other commercial buildings or structures which rent or lease space or other facilities.
Annual business license fee.
Each vendor stand, stall, vehicle, tent, or similar display per each day of a permitted public event not sponsored by the Town.
Conditions attached to business license. Every license issued under this chapter shall be subject to the following conditions, violation of any of which shall be grounds for immediate revocation of the license in accordance with the procedures set forth herein:
Every business shall at all times be used and operated only for lawful purposes under, and in accordance with, all governing federal, state, and Town statures, ordinances, and regulations.
No amount of money shall be past due and owing the Town on account of any municipal service (e.g., water, trash collection), tax, assessment, fee, penalty or fine, by the business or by the owner(s) of such business. For purposes hereof, the following terms shall be defined as indicated:
- The legal entity to whom the business license is issued (e.g., a sole proprietorship, partnership, corporation, limited liability company, or limited partnership).
- OPERATOR or MANAGER
- Those persons on the premises having custody and control thereof with authority to supervise other employees on the premises.
- Includes those persons owning an interest in the business as a sole proprietor, partner, stockholder in a close corporation, or as a member of limited liability company or limited partnership.
- PAST DUE
- The owner, operator, or manager of the business shall have been provided written notice, via hand delivery or regular mail (postage prepaid, to that address provided to the Town on the business's license application), of the amount(s) due to the Town, the reason(s) for which such amounts are due, and a date (not less than 10 days from the date such notice was hand-delivered or deposited into the U.S. mail) by which such amount(s) must be paid in full.
- PERMITTED PUBLIC EVENT
- Any event, not otherwise against any provision of this Code
or Town ordinances, which is offered to attract members of the public,
including, but is not limited to, any performance, exhibition, exposition,
circus, fair, festival, food festival, pageant, regatta, sports event,
dance, and lecture, but excluding any yard sale.[Added 5-10-2016 by Ord. No. 17-01]
- A person or business entity engaged for profit in the temporary
outdoor display, sale, or both, of food, crafts, merchandise, or any
combination thereof, at a permitted public event.[Added 5-10-2016 by Ord. No. 17-01]
Notice and opportunity to remedy violated condition or to request a hearing. No business license shall be denied or revoked unless written notice of such denial or revocation is provided to the applicant or license holder, either by personal delivery, by commercial courier (e.g., Federal Express, UPS), or by U.S. mail, addressed to the last address provided to the Town by the applicant/license holder, proper postage affixed, stating the reason(s) for such denial/revocation and affording the applicant/license holder an opportunity to remedy the condition violated or to request a hearing before the Town Manager to contest such denial/revocation. Unless a longer time is requested by the applicant/license holder, the Town Manger shall schedule and hold the hearing within five business days of receiving the request. Any person aggrieved by the decision of the Town Manger may appeal to the Town Council in accordance with § 90-5.
The following shall be exempt from the payment of fees charged by the Town of Millville:
The United States of America, the State of Delaware, Sussex County, or any agency or department thereof, including school districts;
Any church or religious society;
Any nonprofit corporation organized for educational or charitable purposes; or
Yard sales, residential: the sale of personal property at a person's residence is not a business or work.
[Amended 12-14-2010 by Ord. No. 11-03]
Any person, persons, partnerships, corporations, or other entity who shall in any way violate the provisions of this chapter shall, upon conviction thereof, forfeit and pay to the Town of Millville a fine not exceeding the sum of $1,000 for each and every offense, together with the costs of prosecution. Each day or part of the day a violation continues shall be deemed a separate offense.