[HISTORY: Adopted by the Mayor and Council of Pocomoke City 10-16-1989 by Ord. No. 304. Amendments noted where applicable.]
The area located within the boundaries set forth herein is hereby
declared to be a commercial district and may be referred to as the
"Downtown Business District," described as follows: the geographic
limits of the Authority shall be Market Street from the Pocomoke River
to Third Street; Vine Street and Willow Street from Front Street to
Second Street; and Front Street, Clarke Avenue and Second Street from
Willow Street to Vine Street.
As used in this chapter, the following terms shall have the
meanings indicated:
The incorporated organization of persons who operate retail,
service, rental or professional businesses within the Downtown Business
District which provides management and promotional services for the
district.
Any retail, service, rental or professional business entity.
A designated geographic area in the City of Pocomoke City
encompassing a concentration of retail and/or personal service business
establishments.
Any business establishment which is:
Operated solely by a federal, state or local government entity, except for City-owned farmers markets as described in § 17-4A;
Operated by a nonprofit organization which is not engaged in
a retail business;
Operated primarily for the manufacture of products to be sold
at wholesale in the district; or
A parking lot.
The number of square feet of space in a business establishment
subject to the license fee in accordance with the fee calculation
method as set forth in Exhibit A.[1] Space used primarily for warehousing shall not be included
for purposes of determining licensable square footage.
The largest primary business floor of the retail establishment.
Includes any individual, firm, corporation, partnership or
joint venture.
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
A.
A business association of the district comprised of the licensees
of the district shall be incorporated under the laws of Maryland and
a copy of its charter and bylaws shall be filed with the City Clerk.
The bylaws shall include, without limitation, membership requirements,
voting rights and procedures for calling meetings and voting on rates,
budgets and related matters. The bylaws shall provide that each licensee
shall have one vote per licensed business establishment. The business
association shall be responsible for the conduct of a management program
to provide promotional services for the district and for the administration
of the funds provided through the license fee procedure set forth
in this chapter. Voting on all budgetary matters shall be by the majority
of the licensees, and no vote shall carry except by a majority of
the votes cast.
B.
The business association created pursuant to this chapter shall provide
in its bylaws that the business association cannot be dissolved except
upon an affirmative vote of 75% of its members, which must be ratified
by the Mayor and City Council by ordinance.
C.
On an annual basis, the business association representing the district
shall file with the City Clerk:
(1)
An annual budget setting forth projected expenditures for advertising,
promotions and related activities and administrative expenses.
(2)
Any amendments to the charter or bylaws made during the preceding
year.
(3)
A letter of intent of the business association to expend the funds
transferred to the district in accordance with the annual budget.
D.
In the event that the business association representing the district
intends to request from the City Council of the City of Pocomoke City
additional funds, it shall comply with all procedures associated with
the normal budget process, and a request for funds and a budget must
be submitted to the City Manager no later than March 1 of each year
in which it intends to request additional funds.
A.
No person shall operate any business establishment within the Downtown
Business District without obtaining an annual license to be known
as the "Downtown Business District license" from the Clerk of the
City of Pocomoke City. The operator of any exempt establishment shall
not be required to obtain a business district license and shall not
be eligible to use the management services provided by the business
association for the district. To the extent that the Downtown Business
District includes within its boundaries a farmers market owned by
the City of Pocomoke City, any business operated by any merchant in
such market shall be included within the Downtown Business District
and subject to this chapter.
B.
The fee for the Downtown Business District license shall be as set
forth in Exhibit A attached hereto.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
C.
The business association shall certify to the Pocomoke City Clerk
on a yearly basis the following:
D.
The Downtown Business District license fee shall be in five categories
as follows:
E.
The Clerk shall collect the fee from the responsible person of each
business establishment. The Downtown Business District license fee
shall be due and payable on January 1 of each and every year, and
the entire charge prescribed for the year shall be collected when
the license is issued.
F.
Subject to all applicable provisions of other ordinances of the City
of Pocomoke City, statutes of Maryland and laws of the federal government,
the Downtown Business District license shall be transferable, upon
written notice to the Clerk, and renewable from year to year during
the continuous operation of the business by the Downtown Business
District licensee within the Downtown Business District and so long
as such area continues to be designated as a commercial district.
G.
In the event that any person commences business operations in the
Business District subsequent to January 1 in any year, the Clerk may
prorate the amount of the fee due and payable based on the number
of full months of operation during the licensing year. There shall
be no refund for any business that ceases operation during the licensing
year.
A.
The Clerk shall maintain a special fund account for the Downtown
Business District, and said special fund shall be credited with the
collections of the Downtown Business District license fees from the
district.
B.
The Mayor and Council may set a reasonable fee to be charged to the
district for the collection, accounting, legal and administrative
services performed by the City, in an amount not to exceed the actual
cost of the services.
C.
Each year, on a quarterly basis, the Clerk shall transfer to the
business association for the district the license fees collected for
the district, less any administrative fees charged.
D.
The fund comprised of the license fees collected for the district
in accordance with this chapter shall be utilized solely for the purposes
determined by the licensees.
Any person liable to pay the Downtown Business District license
fee who fails to pay the same within 30 days after billing date shall
be subject to a civil penalty of 10% of the fee and interest at the
rate of 1% per month, or a fraction thereof, in addition to the annual
license fee. The Appeals Board created herein is authorized for good
and sufficient cause to waive the imposition of this penalty and interest
in its entirety or a portion thereof prior to the institution of civil
prosecution. Failure to pay said penalty and interest when due shall
subject the violator to civil prosecution, including possible liens,
payment of court costs and reasonable attorneys' fees.
There shall be an Appeals Board to hear and decide appeals arising
under this chapter. The members of the Appeals Board shall be appointed
by the Mayor and Council of the City of Pocomoke City. The Appeals
Board, by a majority vote thereof, shall have the authority to reverse
or affirm, wholly or partially, or modify the determination, decision,
order or notice appealed from and may give or make such determination,
decision, order or notice as ought to be made; provided, however,
that nothing contained herein shall be construed as authorizing the
Appeals Board to waive, set aside or in any manner change any provision
or provisions of this chapter, other than as authorized in the penalty
section and as to any question arising as to the determination of
square footage, or any decision made by the Mayor and the City Council
pursuant to this chapter.
If any licensee or prospective licensee who is or will be liable
for the payment of the Downtown Business District license fee disagrees
with or is aggrieved by any determination, decision, order or notice
of any kind which is made, rendered, issued or given under the provisions
of this chapter, such licensee or prospective licensee, within 30
days after written notice of such action or determination has been
given or mailed to him or her, shall have the right to bring the matter
in dispute before the Appeals Board by written request setting forth
in full the reasons for said appeal.
Any person who owns or operates a business establishment in
the Downtown Business District shall be subject to all applicable
provisions of all other ordinances of the City of Pocomoke City, statutes
of Maryland and the laws of the federal government.
The Mayor and Council of Pocomoke City are hereby authorized
and empowered to make, adopt, promulgate and amend, from time to time,
such rules and regulations as the Mayor and Council deem necessary
or proper to carry out and enforce the provisions of this chapter
and to define or construe any of the terms or provisions of this chapter,
including rules for the Appeals Board created herein. A copy of said
rules and regulations, when created, shall be filed with the City
Clerk of the City of Pocomoke City.
Any fees imposed under this chapter shall be used only for the
purposes stated in this chapter and may not revert to the general
fund of the City of Pocomoke City.
A.
The purpose of the Commercial District Management Authority shall
be promotion and marketing.
B.
The Authority established pursuant to this chapter may not exercise
the power of eminent domain; purchase, sell, construct or, as a landlord,
lease office or retail space; or, except as otherwise authorized by
law, otherwise engage in competition with the private sector.
For the purposes of the Downtown Business District specified
in this chapter, the initial licensing period shall begin January
1, 1990, and shall end December 31, 1990, and subsequent licensing
periods shall begin January 1 of each year thereafter, with bills
due and payable 30 days from the date of billing.
