[HISTORY: Adopted by the Mayor and Council
of the Town of Selbyville 8-2-1999 by Ord. No. 106. Amendments noted
where applicable.]
[Amended 5-1-2023]
No person shall operate, maintain or otherwise
engage in any business, occupation or activity designated hereafter
in this chapter without first obtaining an annual license from the
Town. With regard to persons with an establishment located within
Town limits, licenses shall be issued only to businesses, occupations
or activities permitted pursuant to the Zoning Ordinance of the Town
of Selbyville.[1]Licenses shall also be required for all persons, without
an establishment located within Town limits, who are engaged for profit
in selling any and all merchandise and/or given commodities and/or
in providing facilities, services, rental units and/or food service
anywhere within the Town limits.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or part thereof, or each stand, at or from which
any merchandise or commodities are dispensed or facilities or services
are provided to members of the general public.
Shall include firms, companies, corporations, partnerships,
associations and the like, as well as individuals.
One apartment or one single-family dwelling or one-half of
a duplex dwelling or one room in a motel, hotel or inn.
[Amended 9-11-2000 by Ord. No. 114; 12-3-2001]
Fees, as set by resolution of the Town Council
from time to time, shall be required for the following:
A.
Any person engaged, for profit, in selling any and
all merchandise and/or given commodities and/or in providing facilities,
services, rental units and/or food service within the Town at or from
any given establishment.
B.
Any person engaged for profit in renting rooms, cottages,
private houses, mobile homes/trailers, apartments, motels and hotels
within the Town.
C.
Any person,
without an establishment located within Town limits, who is engaged
for profit in selling any and all merchandise and/or given commodities
and/or in providing facilities, services, rental units and/or food
service anywhere within the Town limits.
[Added 5-1-2023]
Applications for licenses pursuant to this chapter
shall be made annually and shall be addressed to the Town in writing
and verified by oath or affirmation signed by the applicant. Each
applicant shall give the following information:
A.
The home and business address of the applicant.
B.
If the applicant is a partnership, the names and addresses
of the individuals composing the partnership.
C.
If the applicant is a corporation, the names and addresses
of the principal officers of the corporation.
D.
A full description of the nature of the business or
enterprise for which the license is required.
E.
A statement that the applicant has complied with all
laws and ordinances of the Mayor and Council of the Town of Selbyville.
Falsification or misrepresentation of any statement or activity or
the nonpayment of fees, taxes and/or assessments shall subject applicant
to denial or revocation of license.
F.
For establishments engaged in the sale of alcoholic
liquor for on- or off-premises consumption, such application shall
contain a statement under oath that the business or establishment
for which said license is sought does and/or will, at all times during
which the license is in effect, conform to the documentation so submitted.
G.
Authorization for the Town, its agents and employees,
to seek information and conduct an investigation into the truth of
the statements set forth in the application and the qualifications
of the applicant for the license.
H.
Written declaration by the applicant, under penalty
of perjury, that the information contained in the application is true
and correct with said application being duly dated and signed in the
Town.
No rental license shall be issued for any rental
unit under this chapter until the applicant shall certify, in writing,
on a form prepared by the Town, that:
A.
Each such rental unit has a functioning smoke detection
device and those other safety devices required by the Fire Marshall
of Sussex County.
C.
That the license holder shall maintain the appearance
of the dwelling, parking area and grounds.
D.
That the license holder or applicant has not made
any misrepresentation of fact in the license application.
E.
That a certification is attached; said certification
shall be issued by the Town's Code Enforcement Official or other designee
of Town Council that an inspection has been performed and the unit
meets the current applicable federal and state laws and local ordinances,
including but not limited to the Town Rental Property Checklist, Building
Code, Zoning Ordinance, Housing Code, and other health, safety and
fire codes applicable within the Town of Selbyville, which the Town
seeks to enforce.
F.
That the unit complies with the off-street parking
requirements in the Zoning Ordinance.
A.
Upon the receipt of an application completed in good
order, the Town Administrator shall examine such application and shall
ascertain by such examination whether the activities indicated and
described are in accordance with the requirements of this chapter
and all other pertinent laws and ordinances.
B.
If the Town Administrator is satisfied that the activities
described in the application for license and the information filed
therewith conform to the requirements of this chapter and other pertinent
laws and ordinances, the Town Administrator shall issue a license
to the applicant.
C.
If the application for a license describes an activity
or contains information which does not conform to the requirements
of this chapter or other pertinent laws or ordinances, the Town Administrator
shall not issue a license, but shall return the application to the
applicant with his refusal to issue such license. Such refusal shall,
when requested, be in writing and shall contain the reasons therefor.
A.
Any license issued pursuant to this chapter shall
be subject to suspension or revocation by the Town Administrator for
violation of any provision of this chapter or for any grounds that
would warrant the denial or issuance of such license in the first
place. The Town Administrator, upon revocation or suspension shall
state his reasons in writing and specify the particular grounds for
such revocation or suspension.
B.
Upon the receipt of a written complaint concerning
the lack of qualification of any license holder or applicant, the
Town Administrator or his delegate shall investigate and review the
facts and may recommend to the Mayor and Town Council the revocation
or suspension of the license or denial of the application.
C.
The Mayor and Town Council, at the next regular meeting
after the filing of a recommendation to revoke, suspend or deny shall
consider the recommendation and for just cause may act to implement
it; provided, however, that before an order to revoke, suspend or
deny a license shall take effect, the Mayor and Town Council shall
give notice to the license holder or applicant to appear at the next
meeting of the Mayor and Town Council which will be at least 15 days
hence to show cause why the Mayor and Town Council should not take
such action.
No license fee shall be charged for a license
issued to a charitable or public service institution, association,
club or body not organized and conducted for private gain, nor shall
the Town be charged for licenses.
A.
No license is required for deliverymen who make deliveries
of merchandise or material to citizens or businesses located within
the Town.
[Amended 5-1-2023]
B.
No license is required for flea market sales or yard
sales conducted on the premises for the sale of personal property
owned by the owner or lessee of the land and the principal building
located on the parcel where the sale is to be conducted; provided,
however, that not more than three flea market sales or yard sales
shall be conducted in each calendar year on said premises.
The license year shall begin January 1 and end
December 31 of each calendar year.
The Town shall prescribe the form of the establishment
license certificate to be issued to applicants and keep full and complete
records of all licenses issued and the expiration dates thereof and
the license fee charged.
All licenses issued under this chapter shall
be posted in a public place in the establishment, at the place of
business for which it is issued, or as the case may be, shall be carried
on the person of the licensee.
No license shall be issued under this chapter
to be used upon the premises upon which any taxes or assessment due
the Town of Selbyville are due but not paid.
Annual licenses must be obtained prior to opening,
starting or continuing any business, occupation or activity as described
in this chapter for any license year.
It shall be a condition to the issuance of any
and all licenses under this chapter that the business, occupation
or activity licensed shall be used and operated only for lawful purposes.
The right of the Town Council of the Town of Selbyville, Delaware,
in its discretion to refuse to grant any license and to revoke any
license previously granted is hereby specifically reserved.
Whoever shall violate any provision of this
chapter shall upon conviction thereof, be subject to a fine not less
than $25 nor more than $200, plus costs, including Town Attorney fees
and Victim's Compensation Fund assessment. Each day that a business,
occupation or activity is carried on, prosecuted, conducted or engaged
in without a proper license having been obtained pursuant to this
chapter shall be deemed to be a separate offense.
