[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 2-17-1973 by Ord. No. 63; amended in its entirety 1-19-1990 by Ord. No.
238 (Ch. 85 of the 1992 Code). Subsequent amendments
noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any building or part thereof or each motor vehicle or each
stand 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.
[Amended 10-15-2010 by Ord. No. 458]
Individuals, partnerships, firms, associations and corporations.
[Amended 10-15-2010 by Ord. No. 458]
No person shall engage in or carry on or aid
or assist as employee, clerk or otherwise, in the Town of Bethany
Beach, Delaware, any business, occupation or activity or use any wagon,
vehicle stand, store or other place or thing without first having
paid the prescribed fee and taxes and having obtained from the Town
of Bethany Beach 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 given
commodities and/or in providing facilities, services, rental units
and/or food service within the Town limits.
A.
The application for a license required by § 102-2 hereof shall be made on the prescribed form to the Town Manager of the Town of Bethany Beach in the Town Hall, and no license shall be granted until the license fee and prior rental tax due, if any specified, 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:
(1)
The home or business address of the applicant.
(2)
If the applicant is a partnership, the names and addresses
of the individuals composing the partnership.
(3)
The names and addresses of the principal officers
of a corporation.
(4)
A full description of the nature of the business or
enterprise for which a license is desired.
(5)
The specific location of the business, occupation
or activity, giving lot and block number if located within the Town
limits.
(7)
Premises engaged in the sale of alcoholic liquor for
on-premises consumption.
[Added 4-24-1992 by Ord. No. 273]
(a)
Commercial establishments selling or proposing to sell alcoholic liquors for on-premises consumption. If the license application is for any business or commercial activity engaged in or proposing to engage in the sale of alcoholic liquor for on-premises consumption, the applicant shall submit scaled floor plans, architectural drawings or other detailed documentation as reasonably required by Town officials to ascertain whether or not the premises do or will conform to the standards contained in the definition of a "restaurant" as set forth in Chapter 217, Alcoholic Beverages, Article III, Licensing of Commercial Establishments. Such application shall contain a statement, under oath, that the business or establishment for which said license is sought does and/or will, at all times during which the license is in effect, conform to the documentation so submitted.
(b)
In the event that any applicant having obtained a license under this Subsection A(7) subsequently desires to enlarge, revise, alter, modify or otherwise change the configuration, floor plan or physical operation of a premises previously engaged in the sale of alcoholic liquor for on-premises consumption in such manner as to alter the patron area or the portions of the patron area previously designated for seated dining and/or for stand-up consumption of alcoholic liquors, such applicant shall first obtain written confirmation from the Town Manager's office that such revision, alteration or other change conforms to the standards set out in the definition of "restaurant" as contained in Chapter 217, Alcoholic Beverages, Article III, Licensing of Commercial Establishments.
B.
No rental license shall be issued for any rental unit
under § 103-3A(6) of this chapter until the applicant submits
to the Town a signed notarized form certifying that minimum safety
requirements are met. At the applicant's request, the Town will
provide the services of a notary public at no cost to the applicant.
The applicant must certify that:
[Amended 1-16-2009 by Ord. No. 444]
(1)
A minimum of one battery-operated smoke detector is present on each
level of the structure and one smoke detector is present in each bedroom/sleeping
quarters. Fresh alkaline energy or lithium-ion batteries are installed
in each smoke detector at the time of the application for the issuance
or the renewal of a rental license.
(2)
All exterior doors equipped with a deadbolt lockset are easily opened
from the inside without the use of a key.
(3)
GFCI protection is present for all outdoor receptacles, bathroom
receptacles, garage wall outlets, kitchen receptacles and all receptacles
in crawl spaces.
(4)
Address numbers are a minimum of four inches high and are clearly
visible from the street.
(5)
Secure locks are present for all windows within 12 feet of grade
and for second-story windows accessible by fire escapes or stairs.
A.
The Town Manager or his or her representative may,
when cause appears, investigate and review all applications for license
to do business within the limits of the Town of Bethany Beach to determine:
[Amended 9-18-1992 by Ord. No. 279]
Any person aggrieved by the decision of the
Town Manager may within five days take an appeal to the Town Council
of Bethany Beach 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 of the Town of Bethany Beach, who shall
call a meeting of the Town Council of Bethany Beach to hear the appeal
after giving notice of the hearing in a newspaper of local circulation
for 10 days.
B.
All taxes on rental income (see § 102-7A and B) shall be due and payable twice annually as follows:
[Amended 1-21-1994 by Ord. No. 284]
(1)
For income received from October 1 through April 30,
tax shall be due and payable on or before the following June 1 but
not later than issuance of the following year's license.
(2)
For income received from May 1 through September 30,
tax shall be due and payable on or before the following November 1.
Payment shall be the responsibility of the owner except where rental
is handled by a real estate broker or agent, in which case the latter
shall collect and pay the tax.
License fees and rental taxes as set forth in
the fee schedule on file in the Town office shall be paid to the Town
of Bethany Beach, Delaware, for the following:
A.
Apartments, cottages, cabins or private houses or
other establishments offering rooms for public rental.
B.
Motels, rooming houses, boardinghouses, motor courts,
inns or other establishments offering public rental which are subject
to paying the State of Delaware accommodations tax.
C.
Stores, garages, warehouses or any other commercial
buildings or structures which rent or lease space or other facilities.
D.
All others engaging in businesses, occupations or
activities within the corporate limits.
Each license shall be conspicuously displayed
on the licensed premises or, as the case may be, shall be carried
upon the person of the licensee.
[Amended 1-21-2005 by Ord. No. 390; 5-15-2015 by Ord. No. 512]
A.
Notwithstanding the specific provisions applicable to particular
licenses or permits in this chapter, the Town, through the Town Manager,
may suspend or revoke any license or permit issued under this title
after it has been issued, when any one or more of the following grounds
are found to exist or to have existed:
(1)
Illegal issuance of the permit or license.
(2)
Issuance of the permit or license without authority or power.
(3)
Issuance under an unauthorized ordinance or under an ordinance illegally
adopted.
(4)
Issuance in violation of an ordinance.
(5)
When the license or permit was procured by fraud, false representation
of facts, misleading statements, evasions or suppression of material
facts.
(6)
When issued through mistake or inadvertence.
B.
Other grounds for revocation in addition to those stated in Subsection A of this section are as follows:
(1)
Violations of the terms and conditions on which a license or permit
is issued.
(2)
Violation of ordinances or laws authorizing or regulating the license
or permit, or regulating the business activity or purpose for which
the license or permit is issued.
(3)
Conviction of infractions of or offenses under such an ordinance
or law.
(4)
Wrongful behavior of a substantial character and of a public concern
in relation to the licensed activity.
C.
Before any license or permit shall be suspended or revoked, the holder of such license or permit shall be given written notice of a hearing to be held by the Town Council, at which time the holder of such license or permit must show cause why such license or permit should not be suspended or revoked. The notice to be given to the holder of such license or permit must state the grounds and the reasons for the suspension and/or revocation, and must also state the date on which the hearing is set. The hearing shall be heard within 15 calendar days after receipt of the show cause notice sent by the Town; provided, however, that the Town Manager may immediately revoke the initial license or permit of any business or activity for any of the grounds set forth in Subsection A of this section when any such license or permit has been issued for a period of less than 72 hours, and any such determination by the Town Manager shall be deemed conclusive unless the holder of the license or permit appeals to the Town Council within 15 calendar days of the notice of revocation. The appeal hearing shall be heard within 15 days of the date that the Town receives the written request for appeal. Pending any such appeal to the Town Council, the license or permit shall remain revoked.
No license fee or tax shall be charged for a
license issued to any charitable or public service institution, association,
club or body not organized or conducted for private gain nor shall
the Town of Bethany Beach be charged for licenses.
[Amended 9-18-1992 by Ord. No. 279; 2-17-2006 by Ord. No.
407; 2-17-2012 by Ord. No. 473]
B.
In addition to the penalties set forth above in Subsection A, the Town Manager shall have the authority to order a place of business to cease/shut down operations and terminate all municipal service to a place of business, including water service and trash/recycling collection, after notice of and opportunity to remedy the failure to obtain/renew a business license. No business will be required to cease/shut down its operations unless written notice of the failure to obtain/renew a business license shall be provided to the operator of such place of business either by personal delivery, by commercial carrier (e.g., Federal Express, UPS) or by U.S. Mail, certified return receipt requested, addressed to the last address provided to the Town by the business, proper postage affixed, affording the place of business or the persons operating such place of business to obtain/renew a business license or to request a hearing before the Town Manager, within 10 days of receiving said notice, to contest the order to cease/shut down operation of the business and terminate all municipal services to such business. The Town Manager shall schedule and hold the hearing within five business days of receiving the request. The Manager may waive the five-day hearing requirement upon request. In any case, a hearing will be held no later than 10 business days after formal notice of the closure. Any business or persons operating such business aggrieved by the decision of the Town Manager may appeal to the Town Council in accordance with § 102-5.
[Amended 6-15-1990 by Ord. No. 248]
A.
Nothing herein shall be construed to make it mandatory
upon any resident of the State of Delaware to apply for a license
in order to sell in the Town any form of produce grown upon a farm
owned by the vendor or any member of his or her family with whom he
or she resides.
B.
Nothing herein shall be construed to make it mandatory
for anyone to apply for a license in order to perform grass cutting
and lawn mowing.
