[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.
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:
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.
