[HISTORY: Adopted by the Town Council of the Town of Milton 10-6-2003 (Ch. 6, Art. 1, of the prior Code). Amendments noted where applicable.]
No person shall engage in or carry on any business, occupation and/or activity or use of 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 obtained from the Town of Milton an annual business license and have paid the prescribed fee. Specifically included are all persons, firms, partnerships and corporations engaged for profit in selling any and all merchandise and/or giving commodities and/or providing facilities, services, and food service in the Town of Milton.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- A building or part thereof from which any product, merchandise or commodity is dispensed or facilities or services are provided to members or the general public.
- A small structure, located within an establishment, usually
open in front, used as a newsstand or a place for selling goods or
conducting transactions.[Added 3-16-2015 by Ord. No. 2015-003]
- PERSON or PERSONS
- Individuals, partnerships, firms, companies, associations and corporations.
- PLACE OF BUSINESS
- To include any motored vehicle, horse drawn and/or human drawn vehicle or each stand at or from which any product, merchandise or commodity is dispensed or facilities or services are provided to members or the general public.
- PROFESSIONAL SERVICE
- Any occupation or profession where the individual holds a separate professional license required for their individual profession, such as a physician, dentist, lawyer, engineer, architect, accountant, insurance or real estate agent, plumber, electrician, barber, beautician or similar occupation.
- SOLICITOR or PEDDLER
- Any person who shall engage in soliciting or peddling, respectively, as hereinabove defined.
- YARD SALE
- The sale of personal property owned by the owner or lessee of the land and the principal building located on the parcel where the sale is to be conducted.
All license fees shall be due and payable to the Town of Milton not later than the first day of January of each year or upon the inception of business activities, and all licenses shall expire on the 31st of December following.
[Amended 9-9-2013 by Ord. No. 2013-04]
License fees to be paid to the Town of Milton for conducting business and engaging in occupations and activities shall be established from time to time by resolution of the Mayor and Town Council of the Town of Milton and published in the currently effective Town of Milton Fee Schedule.
Applications for licenses pursuant to this chapter shall be made on the prescribed form to the Town of Milton, and no license shall be granted until the license fee shall have been paid in full. Each applicant shall verify the information by oath or affirmation by signing the application. Each applicant shall give the following information:
The name of the business, company, corporation or partnership.
The business address and telephone number of the applicant.
The business location if within the Town limits (street name and block number).
The home address and telephone number of the applicant.
If the applicant is a partnership, the names and addresses of the individuals composing the partnership.
If the applicant is a corporation, the names and addresses of the principal officers of the corporation.
A full description of the nature of the business or enterprise for which the license is required.
A statement that the applicant has complied with all laws and ordinances of the Town of Milton and that all taxes and assessments due the Town of Milton upon the property which the licensee will operate, if any, are paid.
Authorization for the Town, its agents and employees to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license.
Upon receipt of an application the Code Enforcement Officer or his/her representative may investigate and verify:
When cause appears, investigate and review the applicant's criminal background, business practices and existing licenses the applicant may hold.
If the activity for which the license has been requested is prohibited by any ordinance of the Town or law of the State of Delaware.
That all taxes, fees, fines, penalties, interest or assessments due the Town of Milton upon the property, which the licensee will operate, if any, are paid.
A license shall not be issued if it is found that the applicant does not comply with the requirements of this chapter or other Town ordinance.
Any license issued pursuant to this chapter shall be subject to suspension or revocation by the Code Enforcement Officer for:
A violation of any provision of this chapter or for grounds that would warrant the denial or issuance of such license in the first place.
Misrepresentation or false statement contained in the application for the license.
Delinquency in payment of any taxes, fees, fines, penalties, interest or assessments due the Town of Milton.
The Code Enforcement Officer, upon revocation or suspension, shall state the reasons, in writing, and specify the particular grounds for such revocation or suspension.
[Amended 9-9-2013 by Ord. No. 2013-04; 6-4-2018 by Ord. No. 2018-002]
Any person aggrieved by a decision of the Code Enforcement Officer may, within 15 days, take an appeal to the Mayor and Town Council by giving written notice of the aggrieved person's election so to do to the Town Hall and upon payment of a fee, if any, as established in the currently effective Town of Milton Fee Schedule. The Town Manager or designee shall notify the Secretary of the Town Council and shall transmit to the Secretary of the Town Council all the papers constituting the record upon which the decision appealed from was taken. Council shall set a date, time and place for the hearing of the appeal, which time and date shall be at the regular Council meeting, so long as the applicable notice and time requirements may be met; if such applicable notice and time requirements cannot be met, then the appeal shall be held at either a special meeting or at the next regular Council meeting. Notice of the appeal shall be sent to the appellant and published in a newspaper of local circulation at least seven days prior to the scheduled hearing. The decision of the Mayor and Town Council shall be final, and any review shall be by writ of certiorari to the Superior Court of the State of Delaware.
All licenses issued under this chapter shall be posted in a public place in the establishment, at the place of business for which it is issued, or, as the case may be, shall be carried on the person of the licensee.
No license fee shall be charged for a license issued to a charitable or public service institution, association, club or body not organized and conducted for private gain.
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 or products grown upon a farm owned by such resident or any member of his/her family with whom he/she resides.
Nothing herein shall be construed to make it mandatory for anyone less than 18 years of age to apply for a license in order to perform grass cutting and lawn mowing.
No license is required for yard sales conducted on the premises for the sale of personal property owned by the owner or lessee of the land and the principal building located on the parcel where the sale is to be conducted; provided, however, that not more than two yard sales, other than the Town-wide yard sale shall be conducted in each calendar year on said premises.
No establishment of business within the Town of Milton hereafter shall be open to the public to conduct business between the hours of 2:00 a.m. and 6:00 a.m. Peddlers, hawkers and door-to-door sales will not be conducted between the hours of 8:00 p.m. and 9:00 a.m., prevailing time. No door-to-door sales will be permitted on Sundays or holidays. This section shall not be applicable to the following:
Industrial or manufacturing businesses and activities which are not open to the public.
The owners, employees, or agents may be on the premises of the business between the hours of 2:00 a.m. and 6:00 a.m., as long as they are only conducting the affairs of the business and are not open to the public.
Emergency situations where there would exist a substantial likelihood that failure to provide the goods or services would result in danger of substantial injury to health, person, or property.
This does not restrict the Council from issuing an exemption.