[Adopted 3-15-2017 by Ord. No. 2017-02[1]]
[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Editor's Note: This ordinance also repealed former Ch. 59,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.
A.
The legal owner of any business located within the Town of Brentwood
shall not operate such business without first having obtained a business
license.
B.
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.
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.
A.
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.
B.
A temporary certificate, as issued, shall authorize continuation,
without penalty, of the business, pending the issuance or denial of
a license.
C.
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.
D.
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.
E.
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.
A.
Each license issued pursuant to this chapter shall expire on the
30th day of June and will be prorated for the time unused.
B.
Application for the renewal of an existing license shall be made
at least 30 days prior to the expiration date.
C.
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.
