[Adopted 11-8-1974 as Ch. 6, Art. 2, of the 1974 Code; amended in its entirety 5-14-1976 by Ord. No. 576-1]
No person shall operate, maintain or otherwise be engaged in any business designated in the license tax schedule in Article IV without first obtaining a license from the City Manager.
A. 
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:
(1) 
The business address of the applicant.
(2) 
The permanent address of the applicant or the address of the home office of the applicant.
(3) 
If an applicant is a partnership, the name and addresses of the individuals composing the partnership.
(4) 
The name and addresses of the principal officers of a corporation.
(5) 
A full description of the nature of the business or enterprise for which a license is requested.
B. 
If the application is for a license to rent rooms pursuant to § 120-20A of this chapter, the following information, in addition to the other information required by this section, shall be given the City Manager on forms supplied by the City:
(1) 
The name of the resident manager, if any.
(2) 
The number of rooms available for renting.
(3) 
The address or addresses of each location where rooms are available for renting.
A. 
The City Manager or his representative shall investigate and review all applications for license to do business within the limits of the City of Rehoboth Beach:
(1) 
To determine whether the applicant has a reputation for operating a lawful business in an honest manner; or
(2) 
Whether the applicant has shown cause that he would abide by and obey the laws and ordinances of this community.
B. 
The City Manager shall not issue any license if it is found that the applicant does not comply with the requirements of Subsection A hereof.
Any person aggrieved by the decision of the City Manager may within five days take an appeal to the Commissioners of Rehoboth Beach by giving written notice of his election so to do to the office of the City Manager and upon payment of a fee of $50. The City Manager shall notify the Secretary of the Commissioners of Rehoboth Beach, who shall call a meeting of the Commissioners of Rehoboth Beach to hear the appeal after giving notice of the hearing in a newspaper of local circulation for one full week.
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 Rehoboth Beach be charged for licenses.
[Amended 2-15-2019 by Ord. No. 0219-01]
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.
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 charged.
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 Commissioners. At such meeting the Commissioners 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 Commissioners and determine the amount paid and to be paid therefor.
The City Manager shall revoke the license of any licensee because of any violation of the provisions of this chapter or of any other ordinance of the City of Rehoboth Beach, other than motor vehicle violations, or of any statute of the State of Delaware, other than motor vehicle violations, or of any statute of the United States of America; provided, however, that before any license is revoked by the City Manager, he shall give 10 days' written notice in advance by registered mail, with return receipt requested, directed to the licensee at the usual place of business within the corporate limits of the City of Rehoboth Beach, of the reason for the revocation; and upon the correction of the defect within 10 days following receipt of said notice, no revocation shall take effect. If the defect is not corrected within the said ten-day period, the license shall be deemed to be revoked at the expiration thereof.
Applicants may pay any license fee assessed by the City Manager under protest and shall have the right to appeal from the determination of assessment to the Commissioners of Rehoboth Beach. Any licensee may appeal the decision of the City Manager to revoke any license to the Commissioners of Rehoboth Beach. Such appeal shall be written setting forth the reasons for the appeal and shall be filed with the Secretary of the Commissioners of Rehoboth Beach by registered mail with return receipt requested, together with a fee of $100 within 10 days after the determination of the assessment or within 10 days after the receipt of the notice from the City Manager to revoke the license. Upon receipt of the notice, the Mayor shall fix a time and place for hearing the appeal, which said time for hearing the appeal shall be not more than 20 days following receipt thereof by the Secretary of the Commissioners of Rehoboth Beach. The filing of an appeal by any licensee shall not operate as a stay of the determination of the City to revoke the license.
All licenses issued under this chapter 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.
A. 
Any violation of this article shall be a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach. Any person who violates this chapter shall pay a civil assessment of $100.
[Amended 6-21-2019 by Ord. No. 0619-01]
B. 
For the purposes of this article, each day that a business or occupation is carried on, prosecuted, conducted or engaged in without a proper license having been obtained shall be deemed to be a separate offense.