[HISTORY: Adopted by the Town Council of the Town of Millsboro 12-6-1999. Amendments noted where applicable.]
Editor's Note: This ordinance repealed former Ch. 140, Mercantile Licensing, adopted 4-6-1992 by Ord. No. LVII, as amended.
No person shall operate, maintain or otherwise engage in any business, occupation or activity designated hereafter in this chapter without first obtaining an annual license from the Town.
As used in this chapter, the following terms shall have the meanings indicated:
- A building or part thereof, or each motor or horse-drawn vehicle, or each stand at or from which any merchandise or commodity is dispensed, or facilities or services are provided, to members of the general public or members of an association, club or other body or the like.
- Includes firms, companies, corporations, partnerships, associations and the like, as well as individuals.
- One apartment or one single-family dwelling, or 1/2 of a duplex dwelling or one room in a motel, hotel or inn.
[Amended 4-2-2007; 8-3-2020]
Any person engaged, for profit, in selling any and all merchandise and/or given commodities and/or providing facilities, services and/or food service within the Town at or from any given establishment shall pay an annual license fee to the Town in such amount as shall be set annually by resolution of the Town Council.
Any person engaged, for profit, in renting rooms, private houses, apartments, condominium units, townhouse units, living units, motel rooms and/or hotel rooms within the Town shall pay an annual fee to the Town in such amount as shall be set annually by resolution of the Town Council for each room, private house, apartment, condominium unit, townhouse unit, living unit, motel room and/or hotel room owned and/or operated by such person.
Solicitors and/or peddlers and/or hawkers, whether on foot, by motor vehicle or by some other mode/method of delivery and/or transportation, engaged in selling any kind of merchandise and/or commodities upon the streets and/or sidewalks and/or other area of the Town open to the public shall pay an annual fee to the Town in such amount as shall be set annually by resolution of the Town Council.
Applications for licenses pursuant to this chapter shall be made annually and shall be addressed to the town in writing and verified by oath or affirmation signed by the applicant. Each applicant shall give the following information:
The home and business address of the applicant.
If the applicant is a partnership, the names and addresses of the individuals composing the partnership.
If the applicant is a corporation, the names and addresses of the principal officers of the corporation.
A full description of the nature of the business or enterprise for which the license is required.
A statement that the applicant has complied with all laws and ordinances of the Town of Millsboro. Falsification or misrepresentation of any statement or activity or the nonpayment of fees, taxes and/or assessments shall subject the applicant to denial or revocation of the license.
For establishments engaged in the sale of alcoholic liquor for on- or off-premises consumption, such application shall contain a statement under oath that the business or establishment for which said license is sought does and/or will, at all times during which the license is in effect, conform to the documentation so submitted.
Authorization for the town, its agents and employees, to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the license; such authority shall include consent for entry upon and into the establishment for purposes of determining compliance with all applicable federal, state and local statutes, ordinances and regulations.
A written declaration by the applicant, under penalty of perjury, that the information contained in the application is true and correct, with said application being duly dated and signed in the town.
No rental license shall be issued for any rental unit under this chapter until the applicant shall certify, in writing, on a form prepared by the town, that:
Each such rental unit has a functioning smoke detection device and those other safety devices required by the Fire Marshal of Sussex County.
The license holder shall maintain the appearance of the dwelling, parking area and grounds.
The license holder or applicant has not made any misrepresentation of fact in the license application.
A certification, is attached; said certification shall be issued by the town's Building and Zoning Official or other designee of the Town Council that an inspection has been performed and the unit meets current applicable federal and state laws and local ordinances, including but not limited to the Building Code, Zoning Ordinance and Housing Code, and other health, safety and fire codes applicable within the Town of Millsboro, which the town seeks to enforce.
Upon the receipt of an application completed in good order, the Town Manager shall examine such application and shall ascertain by such examination whether the activities indicated and described are in accordance with the requirements of this chapter and all other pertinent laws and ordinances.
If the Town Manager is satisfied that the activities described in the application for a license and the information filed therewith conform to the requirements of this chapter and other pertinent laws and ordinances, the Town Manager shall issue a license to the applicant.
If the application for a license describes an activity or contains information which does not conform to the requirements of this chapter or of other pertinent laws or ordinances, the Town Manager shall not issue a license, but shall return the application to the applicant with the refusal to issue such license. Such refusal shall, when requested, be in writing and shall contain the reasons therefor.
Any license issued pursuant to this chapter shall be subject to suspension or revocation by the Town Manager for violation of any provision of this chapter or for any grounds that would warrant the denial or issuance of such license in the first place. The Town Manager, upon revocation or suspension, shall state his reasons in writing and specify the particular grounds for such revocation or suspension.
Upon the receipt of a written complaint concerning the lack of qualification of any license holder or applicant, the Town Manager or his delegate 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.
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 Town 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.
No license is required for flea market sales or yard sales conducted on the premises for the sale of personal property owned by the owner or lessee of the land and the principal building located on the parcel where the sale is to be conducted; provided, however, that not more than three flea market sales or yard sales shall be conducted in each calendar year on said premises.
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 keep full and complete records of all licenses issued and the expiration dates thereof and the license fee charged.
All licenses issued under this chapter 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 chapter to be used upon a premises upon which any taxes or assessment due the Town of Millsboro 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 chapter for any license year.
It shall be a condition to the issuance of any and all licenses under this chapter that the business, occupation or activity licensed shall be used and operated only for lawful purposes. The right of the Town Council of the Town of Millsboro, Delaware, in its discretion, to refuse to grant any license and to revoke any license previously granted is hereby specifically reserved.
Any person who shall violate or fail to conform to any of the provisions of this chapter shall be subject to monetary penalties under this section, in such amount per violation as shall be set annually by resolution of the Town Council, as well as the Town's costs and expenses, including reasonable attorneys' fees, incurred to enforce the provisions of this chapter and/or to collect the penalties or any other fees, costs or expenses imposed hereunder. Penalties assessed for a violation of this chapter shall be considered civil penalties, and any action brought for the recovery of the penalties by the Town shall be brought in any civil court of competent jurisdiction.