[HISTORY: Adopted by the Mayor and Council
of the Town of Rock Hall 10-6-1977 by Ord. No. 26. (The provisions of this
chapter are derived from Chapter 8 of the Code of Ordinances of the
Town of Rock Hall, adopted 10-6-1977 by Ord. No. 26.) Amendments noted where
applicable.]
No person, corporation, company, firm, partnership
or association shall engage in any kind of business for gain within
the town limits without first having obtained a license and paid the
required license fee for such license as the Mayor and Council may
require. Any such person, corporation, company, firm, partnership
or association desiring to obtain a license to engage in and conduct
any business with the town shall first make application therefor,
in writing, accompanied by the prescribed fee, to the Mayor and Council,
which application shall state the location of the business to be conducted
in a building and the nature of the business so to be conducted.
No street vendor, peddler or huckster shall
be permitted to sell any article or thing upon any street or public
place within the town without first obtaining a permit from the Mayor
and Council.
Every vehicle and every thing pertaining thereto
used by a licensed vendor shall at all times be maintained in a clean
and orderly condition, and no portion of the contents thereof shall
be thrown, spilled or deposited upon the street or other public place.
Upon payment of the fees hereinafter provided
it shall be the duty of the Town Clerk to issue or cause to be issued
a license to the applicant.
Every license issued for the conduct of any
business shall designate the place of such business and the kind of
business to be engaged in, and such license may be transferable by
consent of the Mayor and Council.
Any and all premises or vehicles used by street
vendors licensed hereunder for the conduct of business shall from
time to time be inspected. If any unsanitary condition is found to
exist or other conditions injurious to the public health and morals
are disclosed, the same shall be ordered to be immediately corrected,
and if the order is not complied with, the license may be revoked
by vote of the Mayor and Council and all payments made on the same
forfeited to the Town of Rock Hall.
A.
Annual license fees for such licenses as are required
for the year beginning July 1 of each and every year in the amount
as hereinafter set forth shall be due and payable on or before July
1 of the current year. Any new business commencing after July 1 must
obtain the required license prior to the starting of said business.
All licenses acquired must be posted on the premises in a conspicuous
place at all times.
B.
No license for the operation of any type of business
shall be issued unless all real estate taxes, personal property taxes
or any other public dues, fees or assessments levied against said
premises by the town wherein the business is to be conducted are paid
to and including the calendar year immediately preceding the year
for which the license is applied.
The Mayor and Council shall from time to time
pass a resolution establishing the license fees to be paid by various
business categories in the town.
Every license shall be held to confer a personal
privilege to transact the business specified therein and shall not
be exercised except by the person, firm, company or corporation licensed
or his, her or its duly authorized agents, executors or administrators.
[Added 5-5-1994 by Ord. No. 94-4; amended 2-11-2021 by Ord. No. 2021-02]
Except as set forth in § 142-11F herein, violations of this chapter shall be punishable as a municipal infraction. Violators shall be subject to a fine not to exceed $100. Repeat offenders may be assessed a fine not to exceed $200 for each offense.
[Added 3-8-2018 by Ord.
No. 2018-02]
A.
As used in this section, the term "special event" means and refers
to any temporary activity which may reasonably be expected to:
[Amended 2-11-2021 by Ord. No. 2021-02]
(1)
Require the use of any public property of the Town, including but
not limited to any real property, public street, or other public way;
(2)
Impact the Town's normal flow of traffic, parking, safety, or the
well-being of residents; and/or
(3)
Require the assistance of Town personnel, and which is:
(a)
Held for recreational, cultural, entertainment, community, political,
or social awareness purposes;
(b)
Intended to engage the community, promote tourism, showcase
local talent, expose artists and performers to new audiences, or invigorate
community spirit; or
(c)
Intended to provide economic, health and wellness, or social
benefits to a community or organization.
B.
Special events may be sponsored or co-sponsored by the Town.
C.
A special events license is required for all special events described in Subsection A above other than those sponsored solely by the Town. All applications must be filed with the Town at least 60 days in advance of the special event for which a license is sought. Special events licenses shall be issued by the Town Manager following consideration and approval by the Council, including a finding as to each of the following:
[Amended 2-11-2021 by Ord. No. 2021-02]
(1)
The special event's hours of operation shall be compatible with the
uses adjacent to the event;
(2)
The amount of noise generated by the special event shall not disrupt
the activities of adjacent properties;
(3)
The applicants shall guarantee that all litter generated by the special
event will be removed at no cost to the Town;
(4)
The parking generated by the special event can be accommodated without
undue disruption to or interference with adjacent properties; and
(5)
The applicant has furnished, or will furnish, a certificate of insurance
in a form and amount and with an insurer acceptable to the Council
which shall protect the Town and its officials, agents, servants,
and employees from any and all claims for damages to persons or property
associated with the special event and which shall name the Town of
Rock Hall as an additional insured.
D.
The Council reserves the right, in its sole discretion, to require an applicant to indemnify and hold harmless the Town and its elected and appointed officials, employees, agents, and servants from any liability associated with the special event. If the Town is requested to provide personnel or equipment or if the Council determines that Town personnel or equipment is necessary to protect the public health, safety, or welfare, the applicant may be required to pay a fee in addition to the fee described in Subsection E herein sufficient to reimburse the Town for the cost thereof.
E.
The Town may charge a fee associated with the issuance of a special
events license, the amount of which shall be established and amended
from time to time by resolution of the Council. Additionally, the
Council may establish and amend from time to time by resolution policies
and procedures regarding special events and the licensing thereof
in the Town, including but not limited to the form of application
for special events.
F.
Violations and penalties.
[Added 2-11-2021 by Ord. No. 2021-02]
(1)
It
shall be unlawful for any person to hold a special event as defined
herein without first obtaining a special events license from the Council.
Any person holding such an unlicensed special event shall be guilty
of a municipal infraction and subject to a fine of $500. Each day
that an unlicensed special event is held shall be deemed a subsequent
offense and subject to a separate fine.
(3)
Any
person found in violation of this section shall be responsible for
the Town's reasonable attorney's fees and court costs incurred.
