[HISTORY: Adopted by the Town Council of the Town of North Brentwood as indicated in article histories. Amendments noted where applicable.]
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.
- HOME OCCUPATION
- Any occupation which:
- A. Is customarily conducted entirely within residential premises by the owners or occupants of such premises, for gain or support;
- B. Is incidental and secondary to the main use of the residential premises;
- C. 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
- D. Does not includes any on-premises storage of merchandise to be sold, except where specifically permitted by Prince George's County laws or regulations.
- NONRESIDENTIAL PREMISES
- 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:
- A. Has legal title to any nonresidential premises used for any type of business activity, with or without accompanying actual possession; and/or
- B. 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.
- PUBLIC NUISANCE
- 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.
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.
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.
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.
All business licenses shall be renewable upon payment of the appropriate fees and compliance with the provisions of this chapter.
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.
Any new business commencing after July 1 must obtain the required business license from the Town prior to the starting of said business.
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.
All licenses acquired must be posted on the business premises in a conspicuous place at all times.
License requirements. In order to obtain a business license, all businesses in the Town of North Brentwood must comply with the following:
Must not seek to obtain a business license by fraud, misrepresentation, or concealment of facts.
Must be in compliance with all applicable Town codes, rules, and regulations, including, but not limited to, Chapter 163, Housing Standards.
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.
Must have a county use and occupancy permit and be in compliance with the terms of that use and occupancy permit, if applicable.
Must not conduct itself in a manner that is disruptive to the public or that constitutes a public nuisance.
Must not use the business premises for any illegal purpose.
Must not create excessive noise or unduly burden the peace and tranquility of the residents of the Town.
Must not cause or excessively increase vehicular traffic congestion or impede the effective flow of traffic on the streets in the Town.
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.
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:
Fraud, misrepresentation, or false statement contained in the business license application.
Fraud, misrepresentation, or false statement made by the licensee in the course of its business activities.
The business license was issued in error or not in compliance with the applicable provisions of the Town Code or regulations.
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.
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.
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.
Appeals and hearing.
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.
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.
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.
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.
The decision of the Town Council on the appeal shall be final and binding on all parties.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.