[HISTORY: Adopted by the Town Council of
the Town of Dagsboro as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 61]
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.
As used in this article, the following terms
shall have the meanings indicated:
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.
Includes firms, companies, corporations, partnerships and
associations, as well as individuals.
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]
[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]
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]
F.
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.
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.
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.
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.
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.
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.
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 shall keep full
and complete records of all licenses issued and the expiration dates
thereof and the license fee charged.
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.
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.
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.
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.
[Amended 5-23-2005 by Ord. No. 2005-1; 2-24-2014]
[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.