As used in this chapter, the following terms shall have the
meanings indicated:
EMPLOYEE
Any individual working in a full- or part-time capacity for
another person. For purposes of this chapter, an individual working
as a temporary worker through an employment agency shall be considered
an employee.
GENERAL BUSINESS
Any person, whether physically located within or outside
of the corporate limits of the Town of Millville, engaged for profit
in any of the following in the Town: selling any merchandise or commodities
from any given establishment; providing facilities for use, entertainment,
or enjoyment; providing services for use; serving food; soliciting
door-to-door; peddling; hawking; manufacturing, whether industrial
or otherwise; and providing services not otherwise mentioned.
PERSON or PERSONS
Includes individuals, and all artificial entities such as
partnerships, firms, companies, associations, corporations, limited-liability
companies, and trusts.
[Amended 3-14-2023 by Ord. No. 23-06]
A. No person shall engage in or carry on or conduct in the Town of Millville
any business, profession, or 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 engaging in general business or offering property for
rent. Specifically excluded are all persons engaging in selling in
the Town any farm produce or products grown upon a farm owned by the
vendor or any member of his or her family with whom the vendor resides
and all activities exempt under 24 Del. C. § 2939.
B. A license shall be obtained for each branch establishment or location
of the business, 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.
C. If more than one business, rental, or occupation is carried on in
any one building, each such business, rental, 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.
D. All property owners who rent or offer to rent property shall obtain
a rental license. 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.
E. No person shall engage in or carry on or conduct a permitted public
event or mobile food vending without a permit or license for such
business, occupation, or activity.
F. No business license shall be issued for any marijuana establishment
as defined in 4 Del. C. § 1302.
[Added 7-25-2023 by Ord. No. 24-01]
[Amended 3-14-2023 by Ord. No. 23-06]
A. The Town Manager or designee shall investigate and review all applications
for licenses and public event permits from the Town to determine whether:
(1) The applicant has a reputation for operating a lawful business in
an honest manner.
(2) The applicant has shown cause that the applicant would abide by and
obey the laws and ordinances of the Town.
B. The Town Manager or designee shall not issue any license or permit if it has been found that the applicant does not comply with the requirements of Subsection
A hereof.
C. The Town Manager or designee may recommend to the Town Council the
revocation or suspension of a license or permit, in part or in its
entirety, if it is found via subsequent investigation that the license
or public event permit 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 to the appellant at least 15 days prior to said
hearing.
[Amended 3-14-2023 by Ord. No. 23-06]
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 April 30 of each year 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. No rental license will be issued until rental
license fees and gross receipt tax for all prior years have been paid
in full.
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 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 any license required by this chapter 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 and Building Department or a law
enforcement official.
[Amended 3-14-2023 by Ord. No. 23-06]
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 that may be issued.
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:
A. Rental license fee and gross rental receipts tax for apartments,
cottages, cabins or private houses or other establishments offering
rooms for public rental.
[Amended 3-14-2023 by Ord. No. 23-06]
B. Rental license fee and lodging tax for motels, hotels, tourist homes,
or other establishments offering public rental which are subject to
paying the Town lodging tax.
[Amended 3-14-2023 by Ord. No. 23-06]
C. Rental license fee and gross rental receipts tax for stores, garages,
warehouses or any other commercial buildings or structures which rent
or lease space or other facilities.
[Amended 3-14-2023 by Ord. No. 23-06]
D. Annual business license fee.
E. Each vendor stand, stall, vehicle, tent, or similar display per each
day of a permitted public event not sponsored by the Town.
The following shall be exempt from the payment of business license
fees charged by the Town of Millville:
A. The United States of America, the State of Delaware, Sussex County,
or any agency or department thereof, including school districts; and
B. Any church or religious society; and
C. Any nonprofit corporation organized for educational or charitable
purposes; and
D. Yard sales, residential: the sale of a person's personal property
at that person's residence is not a business or work. A public event
permit is not required for residential yard sales. However, yard sales
are limited to two times per year, and the Town is to be notified
of such sales.
Any person violating any provision of this article shall be subject to such penalties and pay such fines as set forth in Chapter
1, Article
II, General Penalty.