Town of Brentwood, MD
Prince George's County
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[Adopted 3-15-2017 by Ord. No. 2017-02[1]]
Editor's Note: This ordinance also repealed former Ch. 59, Business Licenses, adopted 12-17-2013 by Ord. No. 2013-07, which was originally adopted as Ch. 45 but was renumbered in order to maintain the alphabetical organization of the Code.
The legal owner of any business located within the Town of Brentwood shall not operate such business without first having obtained a business license.
Where terms are not defined, they shall have their ordinarily accepted meanings such as the context may imply. Words used in the present tense shall include the future; words used in the masculine gender shall include the feminine and neuter.
In this chapter, the following word(s) shall have the meanings indicated:
Any commercial, industrial or retail establishment operated for profit, including but not limited to all establishments regulated by Title 17, Subtitle 5, of the Prince George's County Code.
The owner of the business shall make written application to the Town for a business license upon such form or forms as the Town shall from time to time designate. Such application shall be submitted together with the license fee, the amount of such fee to be established by the Mayor and Town Council. There shall be a continuing obligation on the part of the applicant to update the information on the application and/or to supply information not previously submitted.
Upon receipt of a completed application for a license with submission of the license fee, the Town shall issue a temporary certificate indicating that a license has been duly applied for, which will be issued or denied after the business has been inspected and the Town Treasurer has certified that the applicant's Town taxes are not in arrears.
A temporary certificate, as issued, shall authorize continuation, without penalty, of the business, pending the issuance or denial of a license.
An inspection of the business shall be conducted by the Town's Code Enforcement Officer, who shall certify that the business is in compliance with the Town Code and with the Prince George's County Code. The Town Treasurer shall inspect Town records and certify that the applicant's Town taxes are not in arrears. Upon such certifications, a business license shall be issued immediately.
Should the inspection reveal violations of any of the Code provisions set forth in Subsection C, then the Code Enforcement Officer shall notify the applicant, in writing, within 15 days, identifying each violation and the Code section it violates. Should the Treasurer find that any of the applicant's Town taxes are in arrears, he shall notify the applicant and the Code Enforcement Officer in writing, within 15 days, of the amount of Town taxes in arrears plus any interest and penalty payable in addition thereto, indicating the total amount the applicant must pay to resolve the arrearage. The applicant shall then have not more than 60 days to correct such violations or pay such arrearage. Within such period, the Town Administrator shall have the authority to extend the time for correcting such violations or paying such arrearage at the request of the applicant upon a showing that good faith efforts have been made to correct such violations or pay such arrearage and that they cannot be corrected or paid within the time period established in this section.
Failure of an applicant to correct all violations or pay such arrearage in full within the sixty-day period or the time allowed by the Town Administrator if it has been extended shall result in the application for license being denied.
Each license issued pursuant to this chapter shall expire on the 30th day of June and will be prorated for the time unused.
Application for the renewal of an existing license shall be made at least 30 days prior to the expiration date.
Every applicant whose application for a license has been denied or whose license has been revoked may not reapply for a business license within 90 days from such denial or revocation.
The Town's Code Enforcement Officer shall have the authority to conduct periodic inspections of any licensed property to determine if it continues to be in compliance with the requirements for a business license. If additional violations are found, he or she shall notify the license holder in writing, within 15 days, specifying each violation and the Code section it violates. The license holder shall then have not more than 60 days to correct such violations, unless otherwise extended by the Town for good cause shown, or his license shall be revoked.
Any person aggrieved by an action of the Code Enforcement Officer or Town Administrator under this chapter may appeal such action by filing a written notice thereof with the Mayor and Town Council and payment of an appeals fee of $50. An appeal shall not operate to stay any of the provisions or requirements of this chapter absent unusual circumstances. Within 15 days of such filing, a hearing shall be conducted before such person or persons as the Mayor and Council shall designate for such purpose. The hearing shall be open to the public, records and minutes maintained and the person aggrieved and the Town official(s) provided an opportunity to present evidence. The persons hearing the appeal shall, within 10 days, either reverse, modify or affirm the action complained of and cause a copy of their decision to be sent to the person aggrieved. The decision of the Mayor and Council's designee shall be final.
Violations of this chapter shall be punishable as a municipal infraction. The fine for any single initial violation shall be an additional 10% of the fee if paid after the due date and before the 30th day past due, 15% if paid between the 31st and 60th day past due, and 20% if paid after the 60th day past due. On the 90th day past due (or October 1st) any license holder, owner or occupant who permits or allows a business to continue after his license has expired, been denied or revoked shall be subject to a fine of $500 per day for each day that such occupancy continues without application for a current business license.
Licenses issued under this chapter shall be predominately and publicly displayed on the premises and shall be available at reasonable times for inspection by the Code Enforcement Officer.