[HISTORY: Adopted by the Town Council of
the Town of Georgetown 6-25-2003 by Ord. No. 2003-8, effective 1-1-2004.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 130, Licensing of Businesses, adopted 3-12-2003 by Ord.
No. 2003-3.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person or person(s) as defined herein. In the case of a business entity, "applicant" shall include all person(s) with an interest in the entity as to whom information is required to be provided pursuant to § 130-3A.
[Added 2-27-2013 by Ord. No. 2013-1]
Any individual working in a full- or part-time capacity for
another person. For purposes of this chapter, an individual working
as a temporary worker through an employment agency shall be considered
an employee.
Persons, firms or corporations, whether within or outside
of the corporate limits of the Town of Georgetown, engaged for profit
in selling any and all merchandise and/or given commodities from any
given establishment, providing facilities for use, entertainment,
or enjoyment, providing services for use, service food, door-to-door
solicitation, peddlers, or hawkers, manufacturing, whether industrial
or otherwise, and any person, firm or corporation providing services
not hereinfore mentioned doing business in Town.
Individuals, partnerships, firms, companies, LLCs, associations,
corporations and/or any other business organization or artificial
entity duly authorized to exist under law.
[Amended 2-27-2013 by Ord. No. 2013-1]
Each motel, hotel, inn, rooming house, boardinghouse, private
house offering rooms for private rental.
Each apartment, cottage, home, office, office space building,
or building space
[Amended 2-27-2013 by Ord. No. 2013-1; 10-9-2013 by Ord. No.
2013-15]
No person(s) shall engage in or carry on, in
the Town of Georgetown, any business, occupation or activity or use
therefor, any wagon, vehicle stand, store or other place or thing,
at or from which any merchandise or commodity is dispensed or facilities
or services are provided to members of the general public or members
of an association, club or other body or the like, without first having
paid the prescribed fee and having obtained from the Town of Georgetown
an annual license for such business, occupation or activity. Specifically
included, but not limited to, all person(s), firms, companies and
corporations engaged for profit in selling any and all merchandise
and/or giving commodities and/or in providing facilities, services,
rental units and/or food service within the Town limits.
[Added 10-9-2013 by Ord. No. 2013-15]
It shall be unlawful for any person applying for a license to engage in the activity for which application is made until any necessary investigation is completed and the subject license is approved and issued. Any person engaging without a license, in an activity for which a license is required, including circumstances where a license has expired, been suspended or revoked, shall, in addition to applicable penalties set forth in § 130-12, be required to pay all applicable fees as though a license had been issued during the period of unlicensed activity.
A.
New applications for a license required by § 130-2 hereof shall be made on the prescribed form to the Town of Georgetown, and no license shall be granted until the license fee shall have been paid in full. Each such license and such application shall specify to whom (what person or persons) it shall be issued and give the following information:
[Amended 10-27-2004 by Ord. No. 2004-4; 2-27-2013 by Ord. No. 2013-1]
(1)
The home and business address and telephone numbers
of the applicant(s).
(2)
If the applicant is a partnership, or limited partnership
the names and addresses and telephone numbers of all partners comprising
the partnership.
(3)
If the applicant is a company, LLC or other business
organization or artificial entity, the names, addresses and telephone
numbers of all members, directors, officers or shareholders of the
entity.
(4)
If
the applicant is a corporation, the names and addresses and telephone
numbers of the principal officers, and controlling shareholders (controlling
shareholders for purposes of this chapter shall be deemed to be shareholders
with an ownership interest of greater than or equal to 25%) of the
corporation.
(5)
A full description of the nature of the business or
enterprise for which the license is required.
(6)
The specific location of the business, occupation
or activity.
(7)
The maximum number of employees, rental units, rental
rooms, or storage units of a business during the license year.
B.
Each license applicant and each license shall certify
in writing, on a form prepared by the Town, as follows:
(1)
The information on the application is true and correct
and that a false answer can subject the application to denial or a
license to revocation.
(2)
The applicant has consistently complied with all provisions of this chapter and all other laws and ordinances of the Town of Georgetown, including current payment of all financial obligations to the Town, pursuant to Chapter 89, and other jurisdictions relating to the business or enterprise for which the license is required, including applicable zoning and building codes, and shall continue to do so throughout the term of the license.
[Amended 2-27-2013 by Ord. No. 2013-1]
C.
Yearly renewal applications for a license required by § 130-2 shall validate the renewal information on the form generated by the Town of Georgetown and make any changes and/or corrections as needed. No license shall be granted until the license fee shall have been paid in full and the renewal form signed.
[Added 10-27-2004 by Ord. No. 2004-4]
D.
Address corrections, changes to applicant information
(e.g., change of partners in a partnership) and/or changes to existing
licenses may be made on the yearly renewal form or a change of address
form to the Town of Georgetown. It is the responsibility of the license
holder to notify the Town of Georgetown in writing of any applicable
changes. It is further the responsibility of the license holder to
notify the Town of Georgetown in writing if the business is no longer
valid.
[Added 10-27-2004 by Ord. No. 2004-4; amended 2-27-2013 by Ord. No. 2013-1]
A.
The Town Manager or his or her other representative
may, when cause appears, investigate and review all applications for
licenses to do business and existing business licenses within the
limits of the Town of Georgetown, to determine:
(1)
If the activity for which a license has been requested
is prohibited by any ordinance of the Town or law of the State of
Delaware.
(2)
Whether or not a functioning smoke-detector device
is located within a rental unit.
(3)
Whether or not the number of residents in a leased
dwelling unit or building is in compliance with the Housing Code and
other codes.
[Amended 2-27-2013 by Ord. No. 2013-1]
B.
The Town Manager or his or her other representative
shall not issue any license if it is found that the applicant does
not comply with the requirements of this chapter.[1]
[1]
Former Subsection C, regarding the recommendation of license
revocation or suspension, as amended, which immediately followed this
subsection, was repealed 5-14-2014 by Ord. No. 2014-4.
[Amended 5-14-2014 by Ord. No. 2014-4]
Any applicant aggrieved by the decision of the Town Manager
may, within five business days, request an appeal to the Town Council
by giving written notice of his or her request to the office of the
Town Manager. The Town Manager shall notify the Mayor, who shall schedule
the appeal to be heard before the Town Council. The decision of the
Town Council shall be final.
All license fees shall be due and payable to
the Town of Georgetown no later than the first day of January of each
year, and all licenses shall expire on the 31st day of December following.
Each license shall be conspicuously displayed
on the licensed premises or, as the case may be, shall be carried
upon the person of the licensee.
[Amended 5-14-2014 by Ord. No. 2014-4]
A.
In addition to any other penalty provided for in this code or other
Town ordinances, the Town Manager may suspend or revoke any license
issued pursuant to this section for:
B.
The Town Manager shall notify the licensee that its license has been suspended or revoked and the reason for said suspension or revocation. Notification shall be made by first-class mail and shall state that the licensee has the right to appeal the suspension or revocation in writing to the Town Manager within five business days of notification. Upon receipt of a written appeal, the Town Manager shall proceed with scheduling an appeal hearing as provided for in Subsections C and D.
C.
Notice of hearing. Notice of the above-described hearing shall be
served on the licensee by first-class mail and posting at the location
of the licensed business not less than five business days before the
date of said hearing.
D.
Hearings. The hearing shall be conducted by the Town Council affording
the licensee an opportunity to appear and address the charges. The
Town Council shall make a final decision in writing, including the
reasons for such decision and shall serve said decision on the licensee
within 10 business days after conclusion of the hearing. The decision
of the Town Council shall be final.
No license fee or tax shall be charged for a
license issued to any charitable or public service institution, association,
club or body not organized or conducted for private gain, nor shall
the Town of Georgetown be charged for licenses. Documentation of a
tax exemption status must be forwarded to the Town by each organization.
It shall be lawful to engage in door-to-door
solicitation from 9:00 a.m. to sunset. No solicitation will be permitted
on Sunday without the express permission of the Town Council.
[Amended 10-28-2015 by Ord. No. 2015-16]
B.
In addition to the penalties prescribed in Subsection A of this section, the Town Council may direct the Town Solicitor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person to restrain from any act in violation of these licensing provisions.
A.
Nothing herein shall be construed to make it mandatory
upon any resident of the State of Delaware to apply for a license
in order to sell in the Town any form of produce grown upon a farm
owned by the vendor or any member of his or her family with whom he
or she resides.
B.
Nothing herein shall be construed to make it mandatory
for anyone under 21 years of age to apply for a license in order to
perform grass cutting and lawn mowing.
In the event there is a proposed change following
the adoption of this chapter to the business license fee amount and/or
structure, the Town shall establish a Business License Commission
comprised of representatives that correspond to the businesses as
defined in this chapter. The Business License Commission shall review,
investigate and make recommendations to the Town concerning the proposed
changes. While such changes are not binding, the Town shall consider
the recommendations prior to any final vote.
[Added 11-14-2007 by Ord. No. 2007-19; amended 6-23-2010 by Ord. No. 2010-4; 8-10-2016 by Ord. No. 2016-8; 9-27-2017 by Ord. No. 2017-08; 2-28-2022 by Ord. No. 2022-01]
Regulation and issuance of licenses for residential rental properties shall be as set forth in Chapter 167 of this Code.
