This article shall include the inhabitants of the City of Lewes within the corporate limits or as extended hereafter and the inhabitants of all the public land, whether within the corporate limits of the City of Lewes, as defined by the City Charter, or on the public land contiguous to but outside the corporate limits of the City of Lewes, as defined by the City Charter.
For the purposes of this article, the following definitions shall be applicable:
ARCADE
Any business establishment in which there are located three or more or any combination thereof of coin- or token-operated games or coin- or token-operated automatic amusement devices, including but not limited to pinball machines, computer-type automatic amusement devices or computer-type automatic amusement games.
[Added 9-13-1982]
BAR or TAVERN
An establishment licensed and operated primarily for the sale and consumption of alcoholic beverages on the premises with the sale of food as a secondary object.
[Added 1-8-2007]
ESTABLISHMENT
A building or part thereof or each motor or horse-drawn vehicle or each stand at or from which any merchandise and/or commodities are dispensed and/or facilities or services are provided to members of the general public or to members of an association, club or the like.
MARIJUANA
Shall be defined as that term is defined under 16 Del. C. § 4701.
[Added 8-12-2024]
RESTAURANT
An eating establishment catering to indoor customers, excluding any stand-up indoor eating places, drive-in or drive-through and other such eating places but including luncheonettes, delicatessens and cafes. A restaurant may also include, as an accessory use, facilities for the sale of alcoholic or other beverages for on-premises consumption.
[Added 1-8-2007]
RETAIL MARIJUANA STORE
Shall be defined as that term is defined under 4 Del. C. § 1302(28). That is, "retail marijuana store" means an entity licensed to purchase marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana products from marijuana product manufacturing facilities; and to sell marijuana and marijuana products to consumers.
[Added 8-12-2024]
RETAIL SPACE
A building or part thereof at or from which any merchandise and/or commodities are dispensed and/or facilities or services are dispensed.
[Added 1-8-2007]
[Added 5-14-2018[1]]
The mercantile license fees shall be as approved by the Mayor and City Council and indicated in the fee schedules maintained by the City of Lewes.
[1]
Editor's Note: This ordinance also repealed former § 128-3, Fees for establishments providing commodities. as amended; § 128-3.1, Fees for retail space, added 1-8-2007; § 128-4, Fees for establishments providing facilities, as amended; § 128-5, Fees for establishments providing services, as amended; § 128-6, Fees for establishments providing rental facilities, as amended; § 128-7, Fees for solicitors, hawkers and peddlers, as amended; and § 128-8, Fees for establishments engaged in manufacturing, as amended.
[Added 5-14-2018; amended 9-10-2018]
All persons engaged in rendering professional services within the City; each real estate broker and/or agent, rental agent, and insurance agent doing business within the City; and each contractor engaged in building, alteration, repairing, remodeling, construction and/or maintenance of a building or property are required to have a mercantile license.
[Added 8-12-2024]
Within the limits and bounds of the City of Lewes, no person or entity shall operate, maintain, or otherwise be engaged in any entity defined under this chapter as a retail marijuana store.
[Amended 4-8-1991; 3-13-1995]
A. 
Each person, firm or corporation which has not previously carried on, prosecuted, conducted or engaged in a business or occupation within the corporate limits of the City of Lewes and commences a business partway through a license year shall pay the following license fees pursuant to the following schedule:
(1) 
For an entire license year: 100% of the applicable annual license fee.
(2) 
For any period shorter than three months of the license year: 50% of the applicable annual license fee.
[Amended 3-19-2007]
The license year shall begin with January 1 and end with December 31 of each calendar year. License fees shall be due and payable to the City Manager prior to the beginning of a given license year. For the initial year of implementation of the change to the licensing year and fees, the fees for July through December 2007 shall be prorated, and the fee for the full calendar year shall begin January 1, 2008.
No license fee shall be charged for a license issued to any charitable or public service institution, association, club or body not organized and conducted for private gain, nor shall The City of Lewes be charged for license.
Applications for licenses shall be addressed to the City Manager, in writing, verified by oath or affirmation signed by the applicant or applicants, and each application shall give the following information and such other information as the City Manager shall require from time to time:
A. 
The home or business address of the applicant.
B. 
If an applicant is a partnership, the names and addresses of the individuals composing the partnership.
C. 
The names and addresses of the principal officers of a corporation.
D. 
A full description of the nature of the business or enterprise for which a license is desired.
The City Manager shall prescribe the form of the 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 charge.
Whenever the City Manager shall be unable to determine in what class a license applied for shall fall or the amount to be charged therefor, he is authorized to assess and collect from the applicant the sum of $50 and to issue to the applicant a temporary permit which shall remain in effect until the next succeeding regular monthly meeting of the Council. At such meeting the Council shall classify the application and determine the license fee or the action which the City Manager shall take to determine the correct tax, whereupon the City Manager shall issue a permanent license in accordance with the ruling of the Council and determine the amount paid and to be paid therefor.
Applicants may pay the license fees assessed by the City Manager under protest and shall have the right to appeal from the determination of the City Manager to the Mayor and City Council of Lewes, Delaware. Such appeal shall be filed with the Secretary of City Council in writing within five days after the determination of the City Manager, and the Council shall fix a time and place for hearing the appeal, which may be presented by the applicant or by counsel. The appeal day shall be the next succeeding regular monthly meeting of the City Council if sufficient time elapses; otherwise, the following regular monthly meeting of the City Council.
All licenses issued under this article shall be posted in a public place in the establishment or place of business for which it is issued or, as the case may be, shall be carried upon the person of the licensee.
[1]
Editor's Note: Former § 128-17, Duties of Ethical Practices Committee, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 5-12-1980]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction, be subject to a fine of not less than $25 nor more than $200 and imprisonment for a term of not less than 10 days nor more than 30 days for the first such conviction. For a second or subsequent conviction, any person, firm or corporation shall, upon conviction, be subject to a fine of not less than $50 nor more than $500 and imprisonment for a term of not less than 20 days nor more than 60 days for each such conviction. Each day that a violation of any of the provisions of this article continues shall be deemed and taken to be a separate and distinct violation.