[HISTORY: Adopted by The Mayor and Council of New Castle 7-7-1992
by Ord. No. 339. Amendments noted where applicable.]
As used in this chapter, the following words shall have the meanings
indicated:
Occupations which in the opinion of the City Building Department
Director have a reasonable potential for danger to the health and safety of
the community, by virtue of their regulation/licensing by the state and/or
the nature of the business activity occurring in the city. Such occupations
shall include, but not be limited to: cesspool or septic tank installation
or maintenance contractor, drain layer, electrical contractor, excavation
contractor, fire sprinkler or fire alarm installation contractor, fumigator,
fitter, gas appliance installation, refrigeration contractor, general contractor,
house wrecker/demolition contractor, roofing, siding or insulation contractor,
heating/sheet metal or air conditioning installation or repair contractor,
painting contractor, plumber, sewer and water and other utility contractors,
sidewalk or cement/masonry installation contractor, highway permit/street
obstruction, sign contractors, tree trimmer, well drilling contractors. Other
occupations also determined to require bonding include solicitor, transient
merchant, insurance claim adjustor or investigator, auctioneer, junk dealer/second
hand dealer, peddler, pawnbroker, garbage disposal, public mover, insurance
broker.
[Added 6-9-1998 by Ord. No. 382]
Any and all activities or acts on the part of any person for which
it is necessary to obtain a license from the Division of Revenue of the State
of Delaware, whether that person has obtained a license or not. Notwithstanding
anything to the contrary herein, business shall not include the following
occupations, to wit: real estate salespersons, sales representatives, beauticians,
except that the firms employing those persons shall be subject to the provisions
of this chapter.
An individual, partnership, corporation, firm or any other entity
doing business.
A.
No person shall engage in any business or perform any
act in connection therewith or preparatory thereto within the City of New
Castle until a license is obtained in accordance with the provisions of this
chapter.
B.
Applications for bonded occupations shall be accompanied
by a bond in a form acceptable to the Building Department in the amount of
$10,000 and executed by a surety company authorized to transact business in
the State of Delaware, as surety, with the applicant as principal obligor,
and the City of New Castle as obligee, conditioned that the applicant shall
faithfully perform the duties and in all things comply with the Code of the
City of New Castle, including all amendments and regulations adopted thereto
pertaining to the license or permit applied for, then this obligation to be
void, otherwise to remain in full force and effect. The aggregate liability
of the surety to any and all persons, regardless of the number of claims made
against the bond or the number of years the bond remains in force, shall in
no event exceed the amount of the bond. The bond may be terminated at any
time by the surety upon sending notice in writing to the obligee and to the
principal, and at the expiration of 30 days from the mailing of said notice,
this bond shall terminate and the surety shall thereupon be relieved from
any liability for any acts or omissions of the principal subsequent to that
date. A waiver of the bonding requirement may be granted by the city Building
Department Code Official, upon written application, when, in the opinion of
the Code Official, the nature of the particular business activity itself does
not have a reasonable potential for danger to the health and safety of the
community, or the value of the particular business activity is so small as
to pose an insignificant risk to the health and safety of the community. When
a waiver is granted for any construction activity, each subsequent building
permit applied for will require approval of an additional written application
for a waiver of the bonding requirement, or the submission of an acceptable
bond.
[Added 6-9-1998 by Ord. No. 382]
A.
Any person desiring to engage in any business carried
on or engaged in within the city shall apply to the city office for a license
on a form to be supplied by the city office. The application shall be prepared
by the applicant, in writing, and shall state all required information under
oath.
B.
The facts contained in the application shall be as of
January 1 in the year the application is made.
C.
Each license issued shall state upon the face thereof:
D.
On the back of said license shall be the following words:
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"This license does not constitute a permit to carry on any business,
profession, pursuit or calling for which the Statutes of the State of Delaware
require a permit. This license is only permission to operate the indicated
business within the city limits of New Castle."
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Every business, as defined in § 156-2, shall pay an annual city license fee, which will be set by the City Council from time to time.
Licenses shall be for a period of one year running from January 1 through
December 31.
Every licensee shall post his/her license in a conspicuous place where
the license may be readily seen in his/her place of business.
In the event that any person shall fail to pay a license fee when required
under this chapter, a penalty of 10% per month on the original fee shall be
exacted. All license fees shall be payable before January 1 for the year for
which they are issued.
Any person operating a business within the City of New Castle without
a license shall be fined not more than $100. Each day a person is in violation
shall constitute a separate offense.
It is the intent of this chapter to regulate businesses, and not the
employees of those businesses. A license shall not be required by the employee,
so long as the business obtains a license.
