[HISTORY: Adopted by the Board of Commissioners of the Town
of Bridgeville 11-19-2018 by Ord.
No. 18-4.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 110,
Contractor Licenses, adopted 1-9-2012 by Ord. No. A11-5, as amended.
A.
Any word or term not defined herein shall be used with a meaning
of standard usage.
B.
EMPLOYEE
GENERAL BUSINESS
HOME-BASED BUSINESS
PERSON or PERSONS
As used in this chapter, the following terms shall have the meanings
indicated:
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.
Persons, firms or corporations, whether within or outside
of the corporate limits of the Town of Bridgeville, engaged for profit
in selling any and all merchandise and/or given commodities from any
given establishment, providing facilities for use, entertainment,
or enjoyment, providing services for use, service food, door-to-door
solicitation, peddlers, or hawkers, manufacturing, whether industrial
or otherwise, and any person, firm or corporation providing services
not hereinbefore mentioned doing business in the Town.
Any business, occupation, or activity undertaken for gain
within a residential structure that is incidental and secondary to
the use of that structure as a dwelling unit.
Individuals, partnerships, firms, companies, associations,
corporations, limited liability companies and trusts.
A.
No person shall engage in or carry on or aid or assist as employee, clerk or otherwise, in the Town of Bridgeville, any business, 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 Bridgeville an annual license for such business, occupation or activity. Specifically included, without in any way limiting those persons required to obtain a license, are all persons, firms and corporations engaged for profit in selling any and all merchandise and/or giving commodities and/or in providing facilities, services, rental units and/or food service within the Town limits. Home-based business must also be licensed under this chapter. Those persons engaging in activity described in Chapter 172 of this Code (Peddling and Soliciting) must also obtain a license under Chapter 172. An annual license is not required for the United States of America, the State of Delaware, Sussex County, the Town of Bridgeville or any agency or department thereof, including school districts or churches, religious societies or any nonprofit corporation organized for educational or charitable purposes. Rental property governed under Chapter 180 of the Bridgeville Code is not required to be licensed under this chapter.
B.
A license shall be obtained for each branch establishment or location
of the business engaged in 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 or occupation is carried on in any one
building, each such business 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 do not rent shall be required to file a certification
that the owner does not rent or lease his or her property.
A.
Applications for all licenses and permits required by this chapter
shall be made in writing to the Town Manager or his/her designee in
the absence of provision to the contrary. Forms for all licenses and
permits, and applications therefor, shall be prepared and kept and
filed by the Town Manager or designee.
B.
Application procedure. New applications for a license required by § 110-2 hereof shall be made on the prescribed form to the Town of Bridgeville, and no license shall be granted until the license fee 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 and business address and telephone numbers of the applicant.
(2)
If the applicant is a partnership, the names and addresses and telephone
numbers of the individuals composing the partnership.
(3)
If the applicant is a corporation, the names and addresses and telephone
numbers of the principal officers of the corporation.
(4)
A full description of the nature of the business or enterprise for
which the license is required.
(5)
The specific location of the business, occupation or activity.
(6)
The maximum number of employees, rental units, rental rooms, or storage
units of a business during the license year.
(7)
A copy of a valid business Delaware state business license issued
in the name of the business, a Delaware professional license for the
individual or business (if applicable), and proof of liability insurance
(if required by Delaware law).
(8)
All other information requested on the application provided by the
Town.
(9)
Any additional information requested to assist in the approval of
the license.
C.
Each license applicant and each licensee shall certify in writing,
on a form prepared by the Town, as follows:
(1)
The information on the application is true and correct and that a
false answer can subject the application to denial or a license to
revocation.
(2)
The applicant has consistently complied with all provisions of this
chapter and all other laws and ordinances of the Town of Bridgeville
and other agencies and jurisdictions relating to the business or enterprise
for which the license is required, including applicable zoning and
building codes, and shall continue to do so throughout the term of
the license.
D.
Yearly renewal applications for a license required by § 110-2 shall validate the renewal information on the form generated by the Town of Bridgeville and make any changes and/or corrections as needed. No license shall be granted until the license fee, if applicable shall have been paid in full and the renewal form signed.
E.
Address corrections and/or changes to existing licenses may be made
on the yearly renewal form or a change of address form to the Town
of Bridgeville. It is the responsibility of the license holder to
notify the Town of Bridgeville in writing of any changes to the account.
It is further the responsibility of the license holder to notify the
Town of Bridgeville in writing if the business is no longer valid.
Each license or permit issued shall bear the signature of the
Town Manager or his or her designee.
A.
The Town Manager or his or her designee shall investigate and review
all applications for licenses to do business within the limits of
the Town of Bridgeville to determine whether:
B.
The Town Manager or his or her designee shall not issue any license if it has been found that the applicant does not comply with the requirements of Subsection A hereof.
C.
The Town Manager or his or her other representative may recommend
to the Board of Commissioners the revocation or suspension of a license,
in part or in its entirety, if it is found that the license 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 Board of Commissioners by
giving written notice of his or her election to do so to the office
of the Town Manager. The Town Manager shall notify the President,
who shall call a meeting of the Board of Commissioners to hear the
appeal after giving notice of the hearing in a newspaper of local
circulation at least 15 days prior to said hearing.
An annual license fee of $100 shall be due and payable to the
Town of Bridgeville no later than the first day of January of each
year for renewal licenses or upon submittal of the business license
application to the Town Manager or his or her designee, and all licenses
shall terminate on December 31 of each year.
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 his or her designee in the absence of any provision
to the contrary; provided that the building and zoning requirements
of the ordinances of the Town of Bridgeville are complied with.
No business, licensed or not, shall be so conducted or operated
as to amount to a nuisance in fact.
It shall be the duty of any person conducting a licensed business
to keep his or her license 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 Bridgeville, must be presented upon request by the
Town Code Enforcement Officer, his or her designee or a law enforcement
official.
If any business proposed to be operated in the Town is not specifically
named in any licensing ordinance of the Town, the lack of such mention
shall not be deemed to prohibit the operation of such business.
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 or franchises that may be issued.
The following shall be exempt from the payment of business license
fees charged by the Town of Bridgeville:
A.
Yard sales, residential: The sale of personal property at a person's
residence is not a business or work. Yard sales are limited to two
times per year, and the Town is to be notified of such sales.
B.
Any business with a principal place of business within the Bridgeville
Town limits is exempt from the fee requirements but must apply and
register as a business under this chapter.
C.
Nonprofit entities are exempt from the fee requirements but must
apply and register as a business under this chapter.
Per Bridgeville Code Chapter 135, titled "Financial Good Standing," any person applying for a business license must be considered in financial good standing with the Town prior to the issuance of a business license.
