[HISTORY: Adopted by the Town Council of the Town of North
Brentwood as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 163.
[Adopted as Ch. IX, Art. 1, Title 1, of the 1990 Code of
Ordinances; amended in its entirety 2-7-2011 by Ord. No. 2011-02]
As used in this article, the following terms shall have the
meanings indicated:
Any person, corporation, limited liability company, partnership,
joint venture, firm, association or other type of entity or organization
with a location in the Town of North Brentwood in nonresidential premises,
which operates or conducts a trade, business, commercial activity,
occupation, or profession in the Town for profit or gain, or conducts
activities in the Town supportive of a trade, business, or profession.
Any occupation which:
Is customarily conducted entirely within residential premises
by the owners or occupants of such premises, for gain or support;
Is incidental and secondary to the main use of the residential
premises;
Does not change the essential character, appearance or primary
use of the residential premises, or have any exterior evidence (other
than a sign permitted by the Prince George's County zoning ordinances)
to indicate that the premises are being used for any purpose other
than residential; and
Does not includes any on-premises storage of merchandise to
be sold, except where specifically permitted by Prince George's
County laws or regulations.
Any building or structure, or portion of a building or structure,
used for any type of business activity including professional services,
industrial activity, commerce or trade, sales, the manufacturing or
repairing of any item or thing, or the storage of any part or thing
used in any business activity. "Nonresidential premises" do not include
governmental buildings and premises (e.g., city, county, school, M-NCPPC,
state, or federal) or buildings or premises used solely for religious
or charitable purposes (e.g., churches, philanthropic, social service,
cultural or fraternal organizations).
Any person other than the owner, who is in possession of
nonresidential premises in the Town used for any type of business
activity. An "occupant" includes a tenant.
Any person who, alone, jointly or severally with others:
Has legal title to any nonresidential premises used for any
type of business activity, with or without accompanying actual possession;
and/or
Has charge, control or care of any nonresidential premises used
for any type of business activity as manager or agent of the owner
or as an officer, member, administrator, trustee, partner, guardian,
or personal representative of the estate of the owner or as mortgagee,
beneficiary or lender under a mortgage or deed of trust made by the
owner and secured by the premises. Any such person thus representing
the actual owner shall comply with the provisions of this chapter
to the same extent as if he or she had legal title to the nonresidential
premises.
A corporation, limited-liability company, partnership, joint
venture, firm, association, or any other type of entity or organization,
as well as an individual. "Person" also includes an administrator,
trustee, receiver, personal representative, guardian or conservator
appointed according to law.
A lot or parcel of land, including any buildings and structures
thereon.
Includes the physical condition or occupancy of any building,
structure, premises or its appurtenances regarded as public nuisance
at common law or considered an attractive nuisance to children (including,
but not limited to, abandoned wells, shafts, basements, excavations,
unsafe fences or structures); buildings, structures or premises with
unsanitary sewage or plumbing facilities; buildings, structures or
premises designated unsafe for human habitation; buildings, structures
or premises that are a fire hazard; buildings, structures or premises
that are unsafe or unsecured so as to endanger life, health or property;
buildings, structures or premises from which plumbing, heating, or
required facilities have been removed or with disconnected or destroyed
utilities; buildings, structures or premises that are in a state of
dilapidation, deterioration, decay or that have faulty construction;
buildings, structures or premises that are overcrowded; buildings,
structures or premises that are open, vacant, abandoned or unsanitary;
and buildings, structures or premises that are in danger of collapse
or failure.
Any individual or business who engages in a business of selling,
displaying for sale, delivering goods, food, products or merchandise
within the Town and, in furtherance of this purpose, hires, leases,
uses or occupies any motor vehicle, trailer, tent, temporary building
or structure, table or kiosk, street, alley or other place within
the Town.
No business may operate in the Town of North Brentwood without
a business license from the Town. No Town business license is required
for a home occupation whose customers and employees do not regularly
come to the residence, which is permitted by the Prince George's
County zoning ordinances without a special exception, and which does
not require a use and occupancy permit under Prince George's
County zoning ordinances.
Any person desiring to obtain a license to engage in and conduct
any business in the Town of North Brentwood, shall first make application
for such license to the Town Clerk, in writing, on application forms
prescribed by the Town and accompanied by the required.
A.
Upon approval by the Mayor and Council, according to the criteria set forth in § 177-5 below and payment of the fees herein provided, it shall be the duty of the Town Clerk to issue or cause to be issued a business license to the applicant.
B.
No license for the operation of any type of business shall be issued
unless all real estate taxes, personal property taxes, or any other
fines, fees, or assessments levied against the said premises wherein
the business is to be conducted are paid, including such payments
delinquent from the calendar or fiscal year immediately preceding
the year for which the license is applied.
C.
If a business license application is denied or refused, the disapproval
and reasons for disapproval shall be noted in writing and the applicant
shall be notified that the application is disapproved and that no
license will be issued until compliance is provided and the reasons
for disapproval have been corrected. Notice shall be delivered or
mailed to the applicant at the address shown on the business license
application.
D.
All business licenses shall be renewable upon payment of the appropriate
fees and compliance with the provisions of this chapter.
A.
Annual license fees for the license year beginning July 1 and ending
June 30 of each and every year, in the amount hereinafter set forth,
shall be due and payable on or before July 1 of the current year.
B.
Any new business commencing after July 1 must obtain the required
business license from the Town prior to the starting of said business.
C.
If ownership of a business is transferred during a license year,
then, within 15 days after acquiring the business, the new business
owner shall file a business license application with the Town and
pay a transfer fee.
D.
All licenses acquired must be posted on the business premises in
a conspicuous place at all times.
E.
License requirements. In order to obtain a business license, all
businesses in the Town of North Brentwood must comply with the following:
(1)
Must not seek to obtain a business license by fraud, misrepresentation,
or concealment of facts.
(2)
Must be in compliance with all applicable Town codes, rules, and regulations, including, but not limited to, Chapter 163, Housing Standards.
(3)
Must be in compliance with all applicable county, state, and federal
laws and regulations and have all required town, county, and state
licenses and permits necessary for operation of the particular business.
(4)
Must have a county use and occupancy permit and be in compliance
with the terms of that use and occupancy permit, if applicable.
(5)
Must not conduct itself in a manner that is disruptive to the public
or that constitutes a public nuisance.
(6)
Must not use the business premises for any illegal purpose.
(7)
Must not create excessive noise or unduly burden the peace and tranquility
of the residents of the Town.
(8)
Must not cause or excessively increase vehicular traffic congestion
or impede the effective flow of traffic on the streets in the Town.
(9)
Must not cause or excessively increase pedestrian congestion or loitering
or the efficient and peaceful movement of pedestrian traffic on the
sidewalks in the Town.
Every license shall be held to confer a personal privilege to
transact the business specified therein and shall not be exercised,
except by the person, firm, company or corporation licensed or his,
her, or its duly authorized agents, executors or administrators.
A.
Any business license issued under this chapter may be suspended or
revoked by the Mayor or the Town Manager, or his or her authorized
representative, for any of the following reasons:
(1)
Fraud, misrepresentation, or false statement contained in the business
license application.
(2)
Fraud, misrepresentation, or false statement made by the licensee
in the course of its business activities.
(3)
The business license was issued in error or not in compliance with
the applicable provisions of the Town Code or regulations.
(4)
The licensee has conducted business activities contrary to the provisions
of this chapter or other applicable provisions of the Town Code or
regulations or the licensee has violated conditions or requirements
of the business license.
(5)
The licensee has conducted business activities in such a manner as
to create a public nuisance, constitute a breach of the peace, or
endanger the health, safety, or general welfare of the public.
B.
Notice. Notice of the suspension or revocation of a business license
shall be provided to the licensee in writing and shall set forth the
grounds for the business license revocation or suspension. Notice
shall be personally delivered or mailed, postage prepaid, to the licensee
at the address shown on the business license application or at the
last known address of the licensee.
C.
Appeals and hearing.
(1)
Any person aggrieved by the action to deny, suspend, or revoke a
business license shall have the right to appeal such action to the
Town Council within 30 days after the notice of the action has been
delivered or mailed to the licensee at the address as shown on the
business license application, or to the last known address of the
licensee.
(2)
An appeal shall be taken by filing with the Mayor, Town Manager or
Town Clerk a written appeal notice setting forth the grounds for the
appeal.
(3)
The Mayor shall set a time and place for a hearing before the Town
Council on the appeal. The appeal hearing shall be set before the
Town Council not later than 60 days from the date of the receipt of
the licensee's written appeal notice.
(4)
Notice of the time and place of the hearing shall be given to the
licensee in the same manner as provided for the delivery or mailing
of notice of the denial, suspension or revocation of a business license.
(5)
The decision of the Town Council on the appeal shall be final and
binding on all parties.
D.
Claims of exemption. Any person claiming to be exempt from the business
license requirements set forth in this chapter or from the payment
of a license or other fee, shall cite to the Mayor, Town Manager or
Town Clerk the statute or other legal authority under which exemption
is claimed and provide proof of qualification for such exemption.
A.
The annual business license fee is $50 for the license year of July
1 through June 30. Business license fees are due and payable by the
earlier of July 1 of each year or within 30 days after billing. Business
license fees are nonrefundable and are not prorated for licenses applied
for or issued after July 1 of a year.
B.
In the event a business license is allowed to expire due to the business's
failure to pay the required license fee or to file a renewal license
application by the earlier of July 1 of each year or within 30 days
from the date of the written notification of payment due, without
reasonable cause, then a late fee of $50 shall be imposed.
C.
A business license which has been denied, suspended or revoked shall
be issued or reinstated upon a showing that the conditions and violations
which led to the denial, suspension or revocation have been corrected
and upon the payment of any license or other fees then due. In the
case of a business license suspension or revocation, a $50 reinstatement
fee also shall be paid.
D.
If ownership of a business is transferred during a license year,
the new business owner shall file a business license application and
pay a transfer fee of $25.
E.
In addition to any other fees set forth in this chapter, businesses
serving or selling alcoholic beverages within the Town shall pay an
additional fee equal to 20% of the annual license fee charged to the
business by the Board of License Commissioners of Prince George's
County.
F.
All business license fees, when overdue, are a lien on the real property
on which the fee is imposed or assessed and may be collected and enforced
in the same manner as delinquent taxes on property or by a suit against
the property owner.
A.
In addition to the provisions of this chapter for business license
fees, late fees, reinstatement fees, and transfer fees, any violation
of the provisions of this chapter shall be a municipal infraction
with the penalty fines as set forth herein.
B.
The fine for operating a business or permitting the operation of
a business without having applied for and obtained a valid business
license or after a business license has expired or been suspended,
revoked or denied shall be $100 for the first violation, $200 for
each thirty-day period that the violation continues, and $250 for
repeat violations in a one-year period.
C.
In addition to any other penalties and remedies provided by this
chapter or applicable law, the Town may apply to a court of competent
jurisdiction for an order of abatement or an injunction or any other
appropriate form of remedy or relief to correct, restrain, or enjoin
violations of this chapter.
D.
The Town also may bring suit to collect all fines, costs, fees, assessments,
and liens imposed or incurred by the Town under any provision of this
chapter.
