[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres 4-10-1998; effective 1-1-1999. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ESTABLISHMENT OR PLACE OF BUSINESS
- Any building or part thereof, or each motor, horse-drawn and/or human-drawn vehicle or each stand, permanent or temporary, located within the corporate limits of the Town, at or from which any merchandise or commodity is dispensed or facilities or services are provided to residents, owners, tenants, guests, members of the general public or members of an association, club or other body or the like.
- PERSON OR PERSONS
- Individuals, partnerships, firms, companies, associations and corporations.
No person shall engage in or carry on or aid or assist as employee, Clerk or otherwise, in the Town of Henlopen Acres, any business, occupation or activity or use therefor, any wagon, vehicle stand, store or other place or thing without first having paid the prescribed fee and taxes and having obtained from the Town of Henlopen Acres an annual license for such business, occupation or activity. Specifically included are all persons, firms and corporations engaged for profit in selling any and all merchandise and/or given commodities and/or in providing facilities, services and/or food service within the Town limits. Specifically excluded are rental units covered by Chapter 95, Rental Property, Article I, Rental Unit Licensing.
No property owner, tenant, agent, guest or person shall hire, contract, retain, use or otherwise permit any business, occupation or activity or use thereof, any wagon, vehicle stand, store or other place or thing which does not have a current valid business license from the Town.
Application for a license required by § 50-2 hereof shall be made on the prescribed form to the Town Manager in the Town of Henlopen Acres in the Town Hall, and no license shall be granted until the license fee shall have been paid in full. Each such license and such application shall specify to whom it shall be issued and 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 or limited liability company, 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.
The specific location of the business, occupation or activity, giving lot and block number, located within the Town limits.
A statement that the applicant has complied with all laws and ordinances of the Town of Henlopen Acres and that all taxes and assessments due the Town of Henlopen Acres upon the property which the licensee will operate, if any, are paid.
The Town Manager or designated representative may, when cause appears, investigate and review all applications for licenses to do business within the limits of the Town of Henlopen Acres to determine:
If the activity for which a license has been requested is prohibited by any ordinance of the Town or law of the State of Delaware.
Whether or not the number of persons in a leased dwelling unit is in compliance with the Housing Code and other ordinances of the Town and state.
If the license holder or applicant lacks qualifications to hold a license.
If the license holder or applicant has met all other ordinances of the Town.
The Town Manager shall not issue any license if it is found that the applicant does not comply with the requirements of Subsection A hereof.
Suspension or revocation of license or denial.
Upon the receipt of a complaint concerning the lack of qualification of any license holder or applicant, the Town Manager, or his/her delegate, shall investigate and review the facts and may revoke or suspend the license or deny the application following the procedure established in Subsection C(2) below.
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 denial or issuance of such license in the first place. The Town Manager shall provide a written warning to the license holder, including the time period in which to comply with the application requirements or correct the violation. Upon failure of such license holder to comply with the requirements of this chapter and such notice, the Town Manager may proceed to suspend or revoke the license. Upon suspension or revocation, the Town Manager shall state his/her reasons in writing to the license holder and specify the particular grounds for such revocation or suspension; if suspension is imposed, the Town Manager shall identify the time period for which such suspension is imposed.
Any applicant or licensee may appeal the decision of the Town Manager to revoke or not renew his or her license to the Commissioners of Henlopen Acres. Such appeal shall be in writing setting forth the reasons for the appeal and shall be filed with the Mayor of Henlopen Acres by certified mail with return receipt requested, together with a nonrefundable fee of $100 within 10 days after the receipt of the notice from the Town Manager to revoke or not renew the license. Upon receipt of the appeal, the Mayor shall fix a time and place for hearing the appeal, which said time for hearing the appeal shall be not more than 30 days following receipt thereof by the Mayor of Henlopen Acres. The filing of an appeal by any licensee shall not operate as a stay of the determination of the Town to revoke or not renew the license.
All license fees shall be due and payable to the Commissioners of the Town of Henlopen Acres not later than the first day of January of each year, and all licenses shall expire on the 31st day of December following.
[Amended 7-9-1999 by Ord. No. 99-1]
License fees to be paid to the Commissioners of the Town of Henlopen Acres, for conducting the business and engaging in the occupations and activities located within the corporate limits of the Town engaging in businesses, occupations or activities shall be as set by resolution of the Commissioners from time to time; provided, however, that this chapter shall not apply to any individual, under the age of 18, acting solely, providing grass cutting, lawn mowing, landscaping and yard maintenance services.
Each license shall be conspicuously displayed on the licensed premises or, as the case may be, shall be carried upon the person of the licensee.
It shall be a condition to the issuance of any and all licenses under this chapter that the business licensed shall be used and operated only for lawful purposes. The right of the Commissioners in their direction to refuse to grant any license and to revoke any license previously granted is hereby specifically reserved.
No license fee or tax shall be charged for a license issued to any charitable or public service institution, association, club or body not organized or conducted for private gain nor shall the Commissioners of the Town of Henlopen Acres be charged for licenses. Nothing herein shall be construed to make it mandatory for the Rehoboth Art League or its participants to apply for a license in order to sell in the Town artwork related to activities sponsored by the Rehoboth Art League.
Any person, firm or corporation found guilty of a violation of the terms of this chapter shall be fined not less than $50 nor more than $100 for the first offense. Any person, firm or corporation found guilty of a second violation occurring after the first conviction or payment pursuant to Subsection B below, but within one year of the first conviction or payment pursuant to Subsection B below, shall be fined not less than $100 nor more than $200. Any person, firm or corporation found guilty of a third violation occurring after the first offense shall be fined not less than double the fine imposed for the second offense nor more than $1,000 for each offense. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Violations after the third offense shall be treated in the same manner provided for the third offense.
Any person, firm or corporation accused of a violation of this chapter may settle and compromise the claim against him/her/it for such violation by paying to the Town the sum of $50 within 48 hours of the time such alleged offense was committed. Such payment shall be in addition to any and all fees owed the Town for such business license.