[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:
Includes the words "patriotic," "philanthropic," "social
services," "welfare," "benevolent," "educational," "civic," "religious"
or "fraternal," either actual or purported.
[Added 10-3-2022 by Ord. No. 2022-012]
Any benevolent, philanthropic, patriotic, religious or eleemosynary
entity or one purporting to be such for solicitation and collection
of funds for charitable purposes, including any local, county, or
area division within this state of such charitable organization.
[Added 10-3-2022 by Ord. No. 2022-012]
Solicitation engaged in or for a charitable purpose.
[Added 10-3-2022 by Ord. No. 2022-012]
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]
Individuals, partnerships, firms, companies, associations
and corporations.
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.
Solicitation engaged in for the purpose of lobbying, campaigning,
promoting, advancing, espousing or benefiting a political cause, party
or candidate for political office.
[Added 10-3-2022 by Ord. No. 2022-012]
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.
[Amended 10-3-2022 by Ord. No. 2022-012]
SOLICITINGThe seeking or taking without invitation of contracts or orders for any goods, wares, merchandise or service for future delivery or for subscriptions or contributions upon any streets or sidewalks or from house to house within the Town.
PEDDLINGThe selling or offering for sale without invitation of any goods, wares, merchandise or service for immediate delivery which the person selling or offering for sale carries with him/her in traveling or has in his/her possession or control upon any streets or sidewalks or from house to house within the Town.
Any person who shall engage in soliciting or peddling, respectively,
as hereinabove defined.
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 dawn to dusk.
[Amended 12-6-2021 by Ord. No. 2021-010]
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:
A.
The name of the business, company, corporation or
partnership.
B.
The business address and telephone number of the applicant.
C.
The business location if within the Town limits (street
name and block number).
D.
The home address and telephone number of the applicant.
E.
If the applicant is a partnership, the names and addresses
of the individuals composing the partnership.
F.
If the applicant is a corporation, the names and addresses
of the principal officers of the corporation.
G.
A full description of the nature of the business or
enterprise for which the license is required.
H.
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.
I.
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.
A.
Upon receipt of an application the Code Enforcement
Officer or his/her representative may investigate and verify:
(1)
When cause appears, investigate and review the applicant's
criminal background, business practices and existing licenses the
applicant may hold.
(2)
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.
(3)
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.
B.
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.
A.
Any license issued pursuant to this chapter shall
be subject to suspension or revocation by the Code Enforcement Officer
for:
(1)
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.
(2)
Misrepresentation or false statement contained in
the application for the license.
(3)
Delinquency in payment of any taxes, fees, fines,
penalties, interest or assessments due the Town of Milton.
B.
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; 10-3-2022 by Ord. No. 2022-012]
Any person aggrieved by a decision of the Code
Enforcement Officer may, within 15 days, make an appeal to the Mayor
and Town Council by giving written notice to the Town Manager, or
designee, and payment of a fee, if any, as established in the current
Town of Milton Fee Schedule. The Town Manager, or designee, shall
notify the Town Council and shall transmit all the papers constituting
the record upon which the decision appealed from was taken. The Town
Manager, or designee, shall set a date, time and place for the hearing
of the appeal, so long as the applicable notice and time requirements
may be met. Notice of the appeal shall be sent to the appellant 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.
[Amended 10-3-2022 by Ord. No. 2022-012]
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 shall be carried on the person
of the licensee.
B.
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.
C.
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.
D.
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 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.
[Amended 12-6-2021 by Ord. No. 2021-010]
[Amended 10-3-2022 by Ord. No. 2022-012]
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, political
solicitation, charitable solicitation and door-to-door sales will
not be conducted between the hours of 5:00 p.m. and 9:00 a.m., prevailing
time. No door-to-door sales will be permitted on Sundays or the Town
of Milton holidays. This section shall not be applicable to the following:
A.
Industrial or manufacturing businesses and activities
which are not open to the public.
B.
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.
C.
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.
D.
This does not restrict the Council from issuing an
exemption.
[Amended 7-1-2013 by Ord.
No. 2013-03; 6-4-2018 by Ord. No. 2018-002; 10-3-2022 by Ord. No. 2022-012]
Any person violating the provisions of this chapter shall, upon
conviction, be punished by a fine of not less than $100 nor more than
$500 or imprisonment for such a period not to exceed 30 days, or by
both such fine and imprisonment, at the discretion of the court.
