[HISTORY: Adopted by the Town Council of
the Town of Millsboro 12-6-1999.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former
Ch. 140, Mercantile Licensing, adopted 4-6-1992 by Ord. No. LVII,
as amended.
[Amended 4-2-2007]
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]
A.
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.
B.
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.
C.
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:
A.
The home and 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 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.
F.
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.
G.
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.
H.
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:
A.
Each such rental unit has a functioning smoke detection
device and those other safety devices required by the Fire Marshal
of Sussex County.
C.
The license holder shall maintain the appearance of
the dwelling, parking area and grounds.
D.
The license holder or applicant has not made any misrepresentation
of fact in the license application.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
[Amended 8-3-2020]
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.
