Town of Dagsboro, DE Chapter 146 Licensing

[HISTORY: Adopted by the Town Council of the Town of Dagsboro as indicated in article histories. Amendments noted where applicable.]

Article I Business Licenses

[Adopted by Ord. No. 61]

§ 146-1 License required.

No person shall operate, maintain or otherwise engage in any business, occupation or activity designated hereafter in this article without first obtaining a license from the Town. Licenses shall be issued only to businesses, occupations or activities permissible pursuant to Chapter 275, Zoning, or other ordinances of the Town.

§ 146-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:

ESTABLISHMENT

Building or part thereof, or each motor or horsedrawn vehicle, 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.

PERSON

Includes firms, companies, corporations, partnerships and associations, as well as individuals.

VENDOR

A person or business entity engaged in the temporary outdoor display and sales of food, crafts or merchandise at a permitted public event.

[Added 10-27-2014]

§ 146-3 License fee.

[Amended 12-13-1993; 1-23-2006; 3-20-2006; 8-27-2007]

A. Permit fees: 1.25% of the estimated cost of construction (based on $85 per square foot); with a minimum charge of $50. All new construction having a value of $300 or more shall require a building permit.

B. Moving of buildings. A flat fee of $75. Additionally, a security deposit of $1,000 shall be paid at the time of submission of an application for the permit, which security deposit shall be refunded at the time of completion and satisfactory inspection by the Building Official.

C. License fees.

(1) Establishments used as a restaurant or eating establishment or carry-out food establishment: $75.

(2) Establishments used for real estate sales or rentals: $75.

(3) Establishments used for sale of any merchandise and/or commodities and/or combination thereof: $75.

(4) Establishments used as a bank or lending institution: $75.

(5) Each vendor stand, stall, vehicle, tent or similar display per each day of permitted event: $25.

[Added 10-27-2014]

D. Service license fees.

(1) Each person engaged in building, altering, repairing, remodeling, constructing and/or maintenance of buildings: $75.

(2) Each person providing services and/or materials doing business in the Town: $75.

E. Rental license fees.

(1) Apartments, cottages, houses: $75 per unit.

[Amended 10-27-2014]

(2) Each motel, hotel or inn: $75.

(3) Commercial or business center, buildings or structures, in any zoning district, which rents or leases units, stores, space or other commercial or business facilities to other renters or tenants:

[Added 5-20-2016]

(a) Per each rented unit, store or facility, payable by the commercial or business center, building or structure owner: $75.

(b) Per each consignment shop space, mini-storage unit and other similar sublet spaces, payable by the commercial or business center, building or structure owner: $12.50.

F. Incidental or subordinate machine license fees.

(1) Vending machines.

(a) Each drink, food or candy machine: $34.

(b) Each ice machine: $34.

(c) Each cigarette machine: $56.

(d) Each newspaper or U.S. postage stamp machine: $22.

(e) Each dispensing machine other than those described in Subsection F(1)(a), (b), (c) and (d) above: $34.

(2) Music machines. Each music machine: $66.

(3) Amusement machine. Each amusement machine: $222.

(4) Children's riding amusement machines. Each amusement ride machine: $40.

G. All appeals from the various chapters of the Town Code and appeals or requests for variances to the Board of Adjustment: $2,500.

H. A fee of $0.25 per page will be charged for all copying.

I. A fee of $2 will be charged for the first page of a fax and $1 per page for each additional page.

J. A fee of $150, shall be charged for a copy of the Code of the Town of Dagsboro, Delaware.

K. A fee of $25 will be charged for all returned checks.

L. A fee of $45 will be charged for late payment of license fees in Subsections C through F above.

§ 146-4 Exceptions from license requirement.

Persons engaged in the delivery only of unmetered commodities and/or material; as well as persons engaged in providing at the properties of the property owners of the Town professional services, including and limited to health services and land-surveying services for which the State of Delaware requires certification and a license, shall not be required to obtain a Town license.

§ 146-5 Application for license.

Applications for establishment licenses shall be addressed to the Town, in writing, verified by oath or affirmation, signed by the applicant. Each applicant shall give the following information:

A. The home or 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 plot plan of the premises if the license fee is determined by the square footage, together with the calculation of the area;

F. A statement that the applicant has complied with all laws and ordinances of the Town of Dagsboro and that all taxes and assessments due the Town of Dagsboro upon the property which licensee will operate, if any, are paid.

§ 146-6 Qualifications of licensee; issuance of license; complaints and revocation of license.

A. It is presumed that each license applicant and each license holder, unless it can be convincingly contended otherwise, meets certain required qualifications, as follows:

(1) Has a good reputation that indicates the operation of a lawful business in such an honest manner as to be a credit to the Town;

(2) Is of good moral character;

(3) Has never been convicted of an offense involving moral turpitude, nor a violation of this article;

(4) Has not made any misrepresentation of fact in the license application;

(5) Has consistently complied with all provisions of this article and all other laws and ordinances of the Town of Dagsboro, Delaware;

(6) Has paid all taxes, fees and assessments due the Town of Dagsboro, Delaware.

B. Upon the receipt of an application completed in good order and based upon the presumption in Subsection A, above, the Town Clerk is authorized to issue a license and collect an appropriate fee as provided for in §§ 146-1 and 146-3.

C. Upon the receipt of a written complaint concerning the lack of qualification of any license holder or applicant, the Town Clerk shall investigate and review the facts and may recommend to the Town Council the revocation or suspension of the license or denial of the application.

[Amended 5-23-2005 by Ord. No. 2005-1]

D. The 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 Town Council shall give notice to the license holder or applicant to appear at the next meeting of the Town Council which will be at least 15 days hence to show cause why the Council should not take such action.

§ 146-7 Exception from license fee.

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.

§ 146-8 License year.

The license year shall begin January 1 and end December 31 of each calendar year.

§ 146-9 Form of license; records.

The Town shall prescribe the form of the establishment license certificate to be issued to applicants and shall keep full and complete records of all licenses issued and the expiration dates thereof and the license fee charged.

§ 146-10 Posting of license.

All licenses issued under this article 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.

§ 146-11 Premises upon which taxes or assessment due are unpaid

No license shall be issued under this article to be used upon the premises upon which any taxes or assessment due the Town of Dagsboro are due but not paid.

§ 146-12 License to be obtained prior to starting activity.

Annual licenses must be obtained prior to opening, starting or continuing any business, occupation or activity as described in this article for any license year.

§ 146-13 Right of Council to revoke license.

It shall be a condition to the issuance of any and all licenses under this article that the business occupation or activity licensed shall be used and operated only for lawful purposes. The right of the Town Council of Dagsboro, Delaware, in its discretion to refuse to grant any license and to revoke any license previously granted is hereby specifically reserved.

§ 146-14 Violations and penalties.

[Amended 5-23-2005 by Ord. No. 2005-1; 2-24-2014]

Fines and penalties for violations of this chapter shall be as set forth in Chapter 1, Article II, of this Code.

§ 146-15 Marijuana production and sale.

[Added 10-23-2023]

No business license shall be issued for any operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, retail marijuana stores or marijuana smoking lounges in the Town of Dagsboro.