[HISTORY: Adopted by the Mayor and Town Council
of the Town of Oakland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-8-2001 by Ord. No. O2000-01]
As used herein, the following terms shall have
the meanings indicated below:
The business association.
An unincorporated organization of persons who operate retail,
service, or professional business within the Commercial District as
defined herein. This organization will provide management and promotional
services for the Commercial District.
Any retail, service, or professional business entity.
The Commercial District as defined herein.
Any individual, firm, corporation, partnership, joint venture,
or other business entity.
The Commercial District established hereunder shall be defined by boundaries as set forth in Exhibit 1 which is attached hereto and made a part hereof.[1] All property within the boundaries as set forth in Exhibit 1 shall be within the Commercial District as defined herein. The name of the District shall be the "Oakland Commercial District."
[1]
Editor's Note: Exhibit 1, Commercial District Boundaries, is included at the end of this chapter.
There is hereby created the Oakland Business
Association which shall include, among its members, all of the business
establishments located within the Commercial District as defined herein.
A.
Within
10 days after the effective date of this article, the Town Council
shall appoint an interim Board of Directors of the Business Association
which shall consist of the Mayor of Oakland, or his designee, and
the representatives of three business establishments within the Commercial
District, which shall elect from any of its members an interim Chairman.
B.
Within
30 days of the appointment of said interim Board, the Board shall
provide for the election of a permanent Board by setting a meeting
of all members of the Business Association at which time the permanent
Board shall be elected by a general vote of the members. Each year
thereafter, the Association shall hold, on the second Tuesday of June,
a meeting of its general membership for the purpose of holding an
annual election of the Board of Directors as provided for in its bylaws.
C.
The said
Board has forthwith and with the assistance of the Town Attorney drafted
a charter and a set of bylaws attached upon by the Association. Said
charter and bylaws shall be registered with the Town.
D.
The initial
charter includes the following provisions:
(1)
The
Association shall be governed by a five-member Board of Directors
which shall meet at least monthly. One member of the Board of Directors
shall be the Mayor of Oakland or his designee, and the second member
shall be Clerk of the Town of Oakland. The remaining three members
of the Board shall be elected at large at the first Association meeting
of each fiscal year. Each member of the Association shall be entitled
to an equal vote in electing the Board of Directors.
(2)
The
purpose of the Association shall be to promote the Commercial District,
provide for marketing of the goods and service available in the Commercial
District and to provide, if necessary, security, maintenance, or amenities
within the Commercial District. The Association shall meet as provided
in its bylaws, but it shall meet not less than twice per year.
(3)
All
advertising contracted for by the Association for the purpose of promotion
or marketing shall be at least 50% generic, in that it advertises
the Oakland District as a whole rather than individual businesses,
although such advertising may include, for purposes of marketing,
etc., special sale prices from individual members.
(4)
On an
annual basis, the Association, representing the District, shall file
with the Town Clerk the following:
(a)
An annual
budget setting forth its project expenditures and revenues and the
sources of those revenues. The said budget shall be balanced.
(b)
A letter
of intent of the Association to the Mayor and Town Council of Oakland
certifying that the Association shall expend its funds in accordance
with its budget.
(c)
Any
amendments to its charter or bylaws proposed for the upcoming year.
(d)
All
of the above requirements must be approved by the Mayor and Town Council
of Oakland and are invalid until so accepted by that body.
A.
The owners
of all business establishments, of whatsoever kind of nature, within
the geographical area of the Commercial District as defined herein,
shall be and are hereby declared to be members of the Oakland Commercial
District and the Association. Any owner or proprietor of any business
establishment of whatsoever kind of nature, as defined herein, and
located outside the geographical area of the Oakland Commercial District
may become a member of the Oakland Commercial District, and the Association,
by submitting a petition to the Board of Directors. Said petition
shall state the reason for seeking membership and classification of
the business. The Board of Directors shall approve or disapprove the
petition by a majority at any regularly scheduled meeting of the Board.
All members shall be subject to the provisions of this article.
B.
Each
business establishment shall, upon the adoption of this article, be
required to pay an annual license fee to the Town of Oakland as more
particularly described herein, and said fee shall be used for the
purpose of funding the budget of the Association.
C.
The fee
to be paid by each member of the Association shall be as set forth
on Exhibit 2, which is attached hereto and made a part hereof.[1]
[1]
Editor's Note: Exhibit 2, GOBA/CDMA Dues,
is included at the end of this chapter.
D.
The Oakland
Town Clerk shall collect the said fee from the responsible person
of each business establishment. The said fee shall be levied, annually
on January 1st each and every year, and the entire fee shall be collected
before any license is issued to the business establishment.
(1)
The
said fee shall be levied as any other Town assessments or fee, and
shall be treated the same by the Town. The fee shall be due within
30 days of billing.
(2)
Subject
to all applicable provisions of other ordinances of the Town of Oakland,
statutes of the State of Maryland and federal law, the Commercial
District business license shall be transferable, upon written notice
to the Oakland Town Clerk, and shall be renewable from year to year
during the continuous operation of the business by the licensee.
(3)
In the
event that any person commences business operation in the Commercial
District subsequent to the billing date in any year, the Clerk may
prorate the amount of the fee due and payable based on the number
of months of operation during the licensing year.
A.
The Oakland
Town Clerk shall maintain a separate account for the Oakland Commercial
District Business Association, and said account shall be credited
with the collection of the Commercial District Business license fees
from the District.
B.
The Oakland
Town Clerk, with the approval of the Mayor and Town Council, may set
a reasonable fee to be charged to the District for the collection,
accounting and administrative services performed by the Town, in an
amount not to exceed the actual cost of the said services.
C.
Each
year, the Oakland Town Clerk shall transfer to the Business Association
for the District, the fees collected by the Town on behalf of the
Commercial District, less any administrative fees or charges.
D.
The funds
collected on behalf of the Commercial District shall be expended by
the Association in accordance with this article, the provisions of
Article 23A and other applicable state and federal law, and shall
be done so in accordance with the budget submitted by the Association
and approved by the Town.
Any person liable to pay the Commercial District
fee who fails to pay the same within 30 days after it is due and owing
shall be subject to a civil penalty of 10% of the fee and to interest
at the rate of 1 1/2% per month, or a fraction thereof, based
upon the actual date of payment, in addition to the annual fee. Failure
to pay said penalty and interest when due shall subject the violator
to civil prosecution, including possible resulting liens, payment
of court cost and reasonable attorney's fee.
A.
Any person
who owns or operates a business establishment in the Oakland Commercial
District shall be subject to all applicable provisions of all other
ordinances of the Town of Oakland, statutes of Maryland and federal
law.
B.
The Mayor
and Town Council of Oakland are hereby authorized and empowered to
make, adopt, promulgate and amend, from time to time, such rules and
regulations as the Mayor and Town 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.
C.
Any member
of the Board of Directors of the Association is subject to removal
for cause, by the Mayor and Town Council of Oakland.
D.
Any fees
imposed under this article shall be used only for the purposes stated
in this article and may not revert to the general fund of the Town
of Oakland except upon the dissolution of the Association.
E.
The authority
established pursuant to this article may not exercise the power of
eminent domain or purchase, sell, construct or, as landlord, lease
office or retail space, or, except as otherwise authorized by law,
otherwise engage in competition with the private sector.
F.
For the
purpose of the Oakland Commercial District as specified in this article,
the initial fee period shall begin January 1 and shall end December
31, and subsequent licensing periods shall begin January 1 of every
year thereafter. Assessments for licensing fees shall be given 30
days prior to the due date.
G.
The life
of the Town of Oakland Commercial District, and the Association as
created hereunder, shall be five years from the date of the passage
of this article, and thereafter said Commercial District and Association
shall be automatically renewed unless specifically dissolved by the
Mayor and Town Council of Oakland by ordinance.
