[Adopted 12-11-1993 by Ord. No. 280 (§§ 1001
through 1013 of the 1984 Code)]
In order to protect and preserve the safety,
health, peace, cleanliness, good order and welfare of the Town of
Dewey Beach and its citizens, all activities as stated herein shall
be required to obtain a business license and pay a license fee related
to the investigation, regulation and enforcement of said license activities.
A.
No person shall operate, maintain or otherwise be engaged in any
business designated in the license fee schedule herein within the
municipal boundary without first obtaining a license from the Town.
Additionally, all residential rental property owners must complete
and return to Town Hall a safety certification affidavit each license
year. Residential rental licenses will not be issued if a current
safety certification affidavit has not been received by Town Hall.
[Amended 1-14-2017 by Ord. No. 735]
B.
If more than one business or occupation is carried
on in any one building, each such business or occupation shall be
licensed separately.
C.
Trash and recycling collection vendors. During any time period in which the Town has designated and authorized an exclusive vendor of trash collection services for residential properties as set forth in Chapter 153 hereof, nondesignated vendors may apply for a restricted business license which does not authorize collection of trash and recycling from residential properties other than in accordance with the stated exceptions contained therein.
[Added 2-11-2017 by Ord.
No. 737]
[Amended 10-15-2021 by Ord. No. 775]
Applications for licenses shall be addressed
to the Town, in writing or on the Town website, on license application
forms as required by the Town.
A.
The Town's representatives retain the right to investigate and review
all applications for a license to do business within the limits of
the Town.
[Amended 1-14-2017 by Ord. No. 735]
(1)
To determine whether the applicant has a reputation
for operating a lawful business in an honest manner;
(2)
To determine whether the applicant has shown cause
that he would abide by and obey the laws and ordinances of the Town;
(3)
To determine if the applicant has been found to have violated, in regard to the ownership, use or operation of the business, any state or Town statutes or ordinances other than motor vehicle statutes or ordinances, including but not limited to State Fire Marshall regulations, regulations of the Department of Health and Social Services, regulations of the Delaware Alcoholic Beverage Control Commission, Chapter 126, Occupancy, Chapter 185, Zoning, or Chapter 144, Restaurants.
B.
The Town shall not issue any license if it is found that the applicant does not comply with the requirements of Subsection A hereof or if the applicant is delinquent on payment of any charges owed the Town.
C.
Inspections.
[Added 2-12-2000 by Ord.
No. 423; amended 12-12-2015 by Ord. No. 723]
(1)
The Building Official or his or her duly authorized designee shall
be authorized to periodically conduct an inspection of residential
rental dwelling units to assure compliance with all applicable building,
housing and sanitation codes and ordinances. Owners shall provide
access to all required areas of a residential rental property for
inspection within 21 calendar days of an inspection notice from the
Building Official. This time period may be extended upon the approval
of the Building Official or his or her designee.
[Amended 10-15-2021 by Ord. No. 775]
(2)
If the residential rental dwelling unit is legally occupied by a
tenant or other occupant, the owner shall notify the tenant or occupant
and request that the tenant or occupant allow the inspection. The
owner shall not be in violation of this section if the tenant or occupant
refuses to allow the inspection. If an inspection is scheduled and
entry is thereafter refused or cannot be obtained, the Building Official
or his duly authorized designee shall have recourse to every remedy
provided by law to secure lawful entry and inspect the premises, including
but not limited to securing a civil or administrative inspection warrant
from the Alderman pursuant to § 20.12 of the Charter of
the Town of Dewey Beach. The Building Official shall provide notice
that a warrant has been issued to both the owner/operator and the
tenant or occupant at least 24 hours before the warrant is executed,
unless the Alderman finds that immediate execution is reasonably necessary
under the circumstances shown.
(3)
Notwithstanding the foregoing, if the Building Official has reasonable
cause to believe that the residential rental dwelling unit is so hazardous,
unsafe or dangerous as to require immediate inspection to safeguard
the public health or safety, the Building Official shall have the
right to immediately enter and inspect the premises and may use any
reasonable means required to effect the entry and make an inspection.
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 Town be charged for licenses.
[Amended 12-8-2012 by Ord. No. 699; 2-13-2016 by Ord. No. 725[1]; 1-14-2017 by Ord.
No. 735; 10-15-2021 by Ord. No. 775]
The license year shall be as follows:
|
License Type
|
License Year Begins
|
Payment and Application Due
|
|---|---|---|
|
Residential rental license, ongoing
|
May 1
|
April 30
|
|
Residential rental license, new
|
May 1
|
Prior to commencement of rental
|
|
In-Town ongoing business
|
May 1
|
April 30
License must be posted by May 15
|
|
Out-of-Town business (e.g., nonstorefront business)
|
May 1
|
Prior to commencement of any business activity
|
|
In-Town new business
|
May 1
|
Prior to commencement of operations in Town
|
[1]
Editor’s Note: This ordinance also provided that all
2015 residential rental licenses would be automatically extended to
expire on March 31, 2016.
[Amended 10-15-2021 by Ord. No. 775]
The Town shall prescribe the form of the license
certificate to be issued to applicants and shall keep complete records
of all licenses issued and the expiration dates thereof and the license
fee charged.
[Amended 12-15-2001 by Ord. No. 463]
Whenever the Town shall be unable to determine
in what class a license applied for shall fall, or the amount to be
charged therefor, the Town is authorized to assess and collect from
the applicant the sum of $200 and to issue to the applicant a temporary
permit which shall remain in effect until the next succeeding regular
meeting of the Commissioners. At such meeting the Commissioners shall
classify the application and determine the license fee or the action
which the Town shall take to determine the correct fee, whereupon
the Town shall issue a permanent license in accordance with the ruling
of the Commissioners and determine the amount paid and to be paid
thereof.
[Amended 1-14-2017 by Ord. No. 735]
The Town may suspend or revoke the license of
any licensee because of any violation related to the ownership use
or operation of the business of the provisions of this article or
any other ordinance of the Town, 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 suspended or revoked by the Town,
10 calendar days' written notice shall be given in advance by certified
mail, registered mail, or first-class mail accompanied by a certificate
of mailing, directed to the licensee at the usual place of business
within the corporate limits of the Town, of the reason for the suspension
or revocation, and upon the correction of the defect within 10 calendar
days following receipt of said notice, no suspension or revocation
shall take effect. If the defect is not corrected within the ten-day
period, the license shall be deemed to be surrendered or revoked at
the expiration thereof.
Applicants may pay any license fee assessed
by the Town under protest and shall have the right of appeal from
the determination of assessment to the Commissioners. Any licensee
may appeal the decision of the Town to suspend or revoke any license
to the Commissioners. Such appeal shall be written setting forth the
reasons for the appeal and shall be filed with the Town Manager by
registered mail with return receipt requested, together with a fee
of $10 within 10 days after the determination of the assessment or
within 10 days after the receipt of the notice from the Town to suspend
or revoke the license. Upon receipt of the notice, the Mayor shall
fix a time and a place for hearing the appeal, which said time for
hearing the appeal shall be not more than 30 days following receipt
thereof from the Town. The filing of any appeal by any licensee shall
not operate as a stay of the determination of the Town to suspend
or revoke the licensee.
[Amended 10-15-2021 by Ord. No. 775]
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. Each license granted shall not be transferable.
The premises of every licensee shall be open to the inspection of
the Fire Marshal, Department of Health and Social Services, Building
Official, Town Official and Town Police during all business hours.
A.
Any person, firm, corporation, or business entity conducting ongoing business operations in Dewey Beach that fails to obtain and post its annual business license according to the schedule in § 117-6 shall have committed a civil offense pursuant to Chapter 80[1]of the Municipal Code of Dewey Beach and shall be subject
to a fine of $500.[2]
[Amended 5-10-1997 by Ord. No. 371; 8-13-2004 by Ord. No.
515; 12-6-2008 by Ord. No. 636 cont'd; 2-12-2011 by Ord. No.
683; 12-8-2012 by Ord. No. 699[3]; 1-14-2017 by Ord.
No. 735]
[2]
Editor's Note: Subsection B, regarding each day of a violation
constituting a separate offense, which immediately followed, was repealed 5-20-2022 by Ord. No. 792.
[3]
Editor’s Note: This ordinance also provided that the
term of business licenses issued for the calendar year 2012 would
be extended to 2-28-2013.
[Amended 12-9-1995 by Ord. No. 335; 4-20-1996 by Ord. No.
347; 3-8-1997 by Ord. No. 365; 1-10-1998 by Ord. No. 384; 1-10-1998 by Ord. No. 385; 7-17-1998 by Ord. No. 393; 12-9-2000 by Ord. No.
444; 5-12-2001 by Ord. No. 449; 12-15-2001 by Ord. No. 462; 12-7-2002 by Ord. No. 481; 12-10-2005 by Ord. No. 556; 3-10-2007 by Ord. No.
589; 5-11-2007 by Ord. No. 595]
A.
On and after the effective date of this article, no
person shall conduct or engage in any trade, business or occupation
within the Town for which a license is required without first having
obtained a license therefor and having paid the license fee prescribed.
B.
Licenses shall be required for the following trades, businesses,
and occupations in the Town, and the license fee shall be as set forth
beside the name(s) of said trades, businesses and occupations:
[Amended 12-10-2011 by Ord. No. 688; 2-11-2012 by Ord. No. 690; 2-13-2016 by Ord. No. 726; 1-14-2017 by Ord. No. 735; 10-15-2021 by Ord. No. 775; 3-10-2023 by Ord. No. 804]
(1)
Residential property rentals: $182 base fee, plus $14 for each bedroom
over two.
(2)
Motels and hotels: $488 base fee, plus $28 per room.
(3)
Food and beverage service establishments: $349 base fee, plus $8
per person, based on Fire Marshal occupancy and seated dining capacity.
(a)
Occupancy shall include Fire-Marshal-determined capacities for
all patron areas, indoor and outdoor, where food and beverages are
or can be served, plus any seated dining capacity for which Fire Marshal
determinations are not available.
(b)
For small establishments for which the Fire Marshal has not
established occupancy (e.g., under 35 persons), the $8 per person
multiplier shall be based upon seating capacity as reported to and
approved by the Town of Dewey Beach.
(c)
The Town reserves the right to verify occupancy reporting, and
assess appropriate additional license fees if occupancy, as defined
and applicable to the establishment, is underreported for purposes
of obtaining a license under this section.
(4)
One-day business license: $25.
(5)
Conference center (2,500 square feet or larger): $2,788.
(6)
Small in-Town businesses not classified above (one to four employees):
$349.
(7)
Large in-Town businesses not classified above (five or more employees):
$488.
(8)
Small out-of-Town business (one to four employees): $139.
(9)
Large out-of-Town business (five or more employees): $488.
