[1]
Editor's Note: Ordinance No. 2023-248, adopted 5-15-2023, repealed former Ch. 6, Arts. I through VIII, and adopted new Ch. 6, Arts. I through IV. For historical information on former Ch. 6, Arts. I through VIII, and amendments to those articles consult the Comparison Table and Disposition List at the end of the Code.
[Ord. No. 2023-248, 5-15-2023]
(a) 
The purpose of this Article is to require the registration of all businesses with a physical presence in the Town and to provide the Town with information concerning such businesses, including, but not limited to, the nature of the business operation, the number of employees and the place of business, in order to protect the health, safety and welfare of the Town's citizens and residents.
(b) 
The Town Clerk is hereby delegated the authority to administer the provisions of this Article and to implement rules and regulations governing business licensing that are not inconsistent with the provisions of this Article.
[Ord. No. 2023-248, 5-15-2023]
For the purposes of this Article, the following definitions shall apply:
BUSINESS
Means and includes all kinds of vocations, occupations, home occupations, professions, enterprises and establishments, any of which are conducted on premises in the Town and/or have a physical presence in the Town.
OWNER
Means the person owning a business, or the operator, manager or lessee of a business.
PHYSICAL PRESENCE
Has the meaning ascribed by state law.
PREMISES
Means and includes the land and structures connected, used or occupied by a business in the Town.
[Ord. No. 2023-248, 5-15-2023]
(a) 
Unless exempted by the Town Clerk, the owner of each business within the Town shall obtain a business license. A separate business license shall be obtained for each premises, regardless of ownership, wherein business is carried on in the Town.
(b) 
It is unlawful for an owner to commence, carry on or establish any business within the Town without first obtaining a business license.
(c) 
Each business license issued during a calendar year shall remain in effect until the earlier of the following: (i) December 31 of such year, (ii) the business no longer operates within the Town boundaries or (iii) the ownership of the business changes. At the end of each calendar year, the business license may be renewed upon payment of the business license renewal fee and the receipt of additional information, if any, required by the Town Clerk.
[Ord. No. 2023-248, 5-15-2023]
(a) 
The owner of each business within the Town shall submit an application to the Town Clerk for a business license on a form supplied by the Town.
(b) 
If the Town Clerk determines that the issuance of the business license is consistent with this Article, the rules and regulations promulgated hereunder and the Code, the Town Clerk shall issue the business license. The owner shall thereafter post the business license in a prominent place at the premises.
(c) 
If the Town Clerk determines that the issuance of the business license would not be consistent with the requirements of this Article, the rules and regulations promulgated hereunder or the Code, the Town Clerk shall deny the issuance of the license and notify the applicant of such determination in writing with an explanation of the reasons for such denial.
(d) 
The Town Clerk may, for good cause, temporarily suspend, permanently revoke or decline to renew any business license.
[Ord. No. 2023-248, 5-15-2023]
Upon the submission of an application for a business license, the owner of each business within the Town shall pay a license fee for the business license in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
[Ord. No. 2023-248, 5-15-2023]
(a) 
Any person aggrieved by the action of the Town Clerk as set forth in this Article may, within ten (10) days of receipt of written notice from the Town Clerk, file a written appeal to the Town Manager. The Town Manager shall thereafter promptly review the appeal and, after taking action that the Town Manger deems appropriate, provide written notification to the aggrieved person affirming the Town Clerk's decision, affirming the Town Clerk's decision with conditions, or reversing the Town Clerk's decision.
(b) 
Within ten (10) days of receipt of written notice from the Town Manager, the aggrieved person may appeal the Town Manager's decision to the Town Council by providing written notice to the Town Clerk. The Town Clerk shall thereafter, as soon as reasonably practicable, set a hearing before the Town Council. The Town Council's decision shall be final and conclusive.
(c) 
For purposes of this section, written notice shall be deemed received upon hand delivery, delivery by electronic mail upon confirmation of receipt of the electronic mail or three (3) days after placing the written notification in the U.S. Mail.
[Ord. No. 2023-248, 5-15-2023]
Any person who violates any provision of this Article or the rules and regulations promulgated hereunder may be punished in accordance with the provisions of Article IV of Article 1 of the Code.