Town of Ocean View, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Ocean View 7-1-1997 by Ord. No. 94; amended in its entirety 7-10-2007 by Ord. No. 222. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Fees and charges — See Ch. 3.
Peddling, soliciting and canvassing — See Ch. 163.
Applicability to home occupations — See Ch. 222.
As used in this chapter, the following terms shall have the meanings indicated:
EMPLOYEE
Any individual working in a full- or part-time capacity for another person. For purposes of this chapter, an individual working as a temporary worker through an employment agency shall be considered an employee.
GENERAL BUSINESS
Persons, firms or corporations, whether within or outside of the corporate limits of the Town of Ocean View, engaged for profit in selling any and all merchandise and/or given commodities from any given establishment, providing facilities for use, entertainment, or enjoyment, providing services for use, service food, door-to-door solicitation, peddlers, or hawkers, manufacturing, whether industrial or otherwise, and any person, firm or corporation providing services not hereinbefore mentioned doing business in Town.
PERSON or PERSONS
Individuals, partnerships, firms, companies, associations, corporations, limited liability companies and trusts.
A. 
No person shall engage in or carry on or aid or assist as employee, clerk or otherwise, in the Town of Ocean View, any business, occupation or activity or use therefor, any wagon, vehicle stand, store or other place or thing, 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, without first having paid the prescribed fee and having obtained from the Town of Ocean View 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 giving commodities and/or in providing facilities, services, rental units and/or food service within the Town limits.
B. 
A license shall be obtained for each branch establishment or location of the business engaged in as if each branch or establishment or location were a separate business, provided that accessory buildings used in connection with and incidental to a business licensed under the provisions of this chapter shall not be deemed to be separate places of business or branch establishments.
C. 
If more than one business or occupation is carried on in any one building, each such business or occupation shall be licensed separately. Businesses that are a part of partnerships, firms, companies, associations, corporations, limited liability companies and trusts and do business under another name require individual business licenses.
D. 
All property owners who do not rent shall be required to file a certification that the owner does not rent or lease his or her property.
A. 
Applications for all licenses and permits required by this chapter shall be made in writing to the Town Manager or his designee in the absence of provision to the contrary. Forms for all licenses and permits, and applications therefor, shall be prepared and kept and filed by the Town Manager or his designee.
B. 
Application procedure. New applications for a license required by § 93-2 hereof shall be made on the prescribed form to the Town of Ocean View, 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:
(1) 
The home and business address and telephone numbers of the applicant.
(2) 
If the applicant is a partnership, the names and addresses and telephone numbers of the individuals composing the partnership.
(3) 
If the applicant is a corporation, the names and addresses and telephone numbers of the principal officers of the corporation.
(4) 
A full description of the nature of the business or enterprise for which the license is required.
(5) 
The specific location of the business, occupation or activity.
(6) 
The maximum number of employees, rental units, rental rooms, or storage units of a business during the license year.
(7) 
A copy of a valid business Delaware state business license for the business, Delaware professional license for the individual or business (if applicable). Proof of liability insurance, issued in the name of the business, is required for all contractors.
[Added 5-11-2010 by Ord. No. 265]
(8) 
All other information requested on the application provided by the Town.
[Added 5-11-2010 by Ord. No. 265]
(9) 
Any additional information requested to assist in the approval of the license.
[Added 5-11-2010 by Ord. No. 265]
C. 
Each license applicant and each licensee shall certify in writing, on a form prepared by the Town, as follows:
(1) 
The information on the application is true and correct and that a false answer can subject the application to denial or a license to revocation.
(2) 
The applicant has consistently complied with all provisions of this chapter and all other laws and ordinances of the Town of Ocean View and other agencies and jurisdictions relating to the business or enterprise for which the license is required, including applicable zoning and building codes, and shall continue to do so throughout the term of the license.
D. 
Yearly renewal applications for a license required by § 93-2 shall validate the renewal information on the form generated by the Town of Ocean View and make any changes and/or corrections as needed. No license shall be granted until the license fee shall have been paid in full and the renewal form signed.
E. 
Address corrections and/or changes to existing licenses may be made on the yearly renewal form or a change of address form to the Town of Ocean View. It is the responsibility of the license holder to notify the Town of Ocean View in writing of any changes to the account. It is further the responsibility of the license holder to notify the Town of Ocean View in writing if the business is no longer valid.
Each license or permit issued shall bear the signature of the Town Manager.
A. 
The Town Manager or his designee shall investigate and review all applications for licenses to do business within the limits of the Town of Ocean View to determine whether:
(1) 
The applicant has a reputation for operating a lawful business in an honest manner.
(2) 
The applicant has shown cause that he would abide by and obey the laws and ordinances of this community.
B. 
The Town Manager or his designee shall not issue any license if it has been found that the applicant does not comply with the requirements of Subsection A hereof.
C. 
The Town Manager or his or her other representative may recommend to the Town Council the revocation or suspension of a license, in part or in its entirety, if it is found that the license holder or applicant does not comply with the requirements of this chapter.
Any person aggrieved by the decision of the Town Manager may, within five days, take an appeal to the Town Council by giving written notice of his or her election to do so to the office of the Town Manager and upon payment of a fee as provided by the fee schedule on file in the Town office. The Town Manager shall notify the Mayor, who shall call a meeting of the Town Council to hear the appeal after giving notice of the hearing in a newspaper of local circulation at least 15 days prior to said hearing.
[Amended 5-11-2010 by Ord. No. 265]
All annual license fees shall be due and payable to the Town of Ocean View no later than the first day of January of each year, and all licenses shall terminate on December 31 of each year where no provision to the contrary is made. A late fee, as listed in Chapter 3, is imposed if payment is received or postmarked after the due date. No rental license will be issued until rental license fees and gross receipt taxes for all prior years have been paid in full.
The location of any licensed business or occupation or any permitted act may be changed, provided 10 days' notice thereof is given to the Town Manager or his designee in the absence of any provision to the contrary; provided that the building and zoning requirements of the ordinances of the Town of Ocean View are complied with.[1]
[1]
Editor's Note: See Ch. 84, Building Construction, and Ch. 140, Land Use and Development.
No business, licensed or not, shall be so conducted or operated as to amount to a nuisance in fact.
It shall be the duty of any person conducting a licensed business to keep his license posted in a prominent place on the premises used for such business at all times or, if necessary, the license can be maintained in the vehicle used for the business or carried by an employee or person involved in the business. A license, issued by the Town of Ocean View, must be presented upon request by the Administrative Official, his designee or a law enforcement official.
If any business proposed to be operated in the Town is not specifically named in any licensing ordinance of the Town, the lack of such mention shall not be deemed to prohibit the operation of such business.
In the absence of a specific provision restricting the number of licenses to be issued for a particular business, no ordinance or other action of the Town shall be determined to limit the number of licenses or franchises that may be issued.
[Amended 5-11-2010 by Ord. No. 265]
The following shall be exempt from the payment of business license fees charged by the Town of Ocean View:
A. 
The United States of America, the State of Delaware, Sussex County, or any agency or department thereof, including school districts;
B. 
Any church or religious society; or
C. 
Any nonprofit corporation organized for educational or charitable purposes.
D. 
Yard sales, residential: The sale of personal property at a person's residence is not a business or work. Yard sales are limited to two times per year, and the Town is to be notified of such sales. A permit is not required for residential yard sales.
The fees shall be those set forth in Chapter 3.
A. 
There is hereby imposed and assessed a gross receipts tax at the rate of 3%, increasing to a rate of 4% on January 1, 2011, and increasing to a rate of 5% on January 1, 2012, of the rent for occupancy of any private and public lodging facilities and housing accommodations, including rooms, rooming homes, boardinghouses, bed-and-breakfast inns, cottages, cabins, houses, apartments (whether in condominiums or not), stores, garages, warehouses, or any commercial buildings or structures which rent or lease space or other facilities. The payment of the tax shall be the responsibility of the person who is the owner of the property being rented; provided, however, that such person may designate an agent to collect and pay the tax to the Town. Where said designated agent is a real estate broker or agent, the latter shall collect and pay the tax to the Town, unless authorized in writing by the owner of the property to collect the tax and remit said tax to the owner for the owner's payment to the Town.
[Amended 5-11-2010 by Ord. No. 265]
B. 
For the purpose of this section, the following terms shall have the meanings indicated:
OCCUPANCY
The use or possession or the right to use or possession of any property referred to in Subsection A hereof.
PERSON or PERSONS
Individuals, partnerships, firms, companies, associations, corporations, limited liability companies and trusts.
RENT
The consideration received for occupancy valued in money, whether received in money or otherwise, including all receipts, cash credits and property or services of any kind or nature.
C. 
Every property owner offering property for rent or receiving any rent on which the tax is imposed under Subsection A shall be obligated to file, or have filed by a designated agent, a rental tax report form with the Town Manager and to pay the Town the amount of tax due the Town, as follows: The tax on rent received in any year for occupancy which occurs during the period from January 1 through June 30 of that year shall be due and payable on or before August 15 of that year; the tax on rent received from July 1 through December 31 of that year shall be due and payable on or before February 15 of the following year (to become effective January 1, 2011).
[Amended 4-1-2008 by Ord. No. 235; 5-11-2010 by Ord. No. 265]
D. 
The rental tax report form referred to in Subsection C above shall be furnished by the Town Manager to the owner of the rental property, or designated agent thereof, at the time of issuance of the annual license. It is the responsibility of the owner of the property to obtain a rental tax form from the Town Manager.
E. 
Any person obligated to pay the tax imposed and assessed by this section who fails or refuses to file the required rental tax report and to remit the tax required to be paid within the time and in the amount specified in Subsection A hereof, unless it is shown that such failure is due to reasonable cause, shall be charged, in addition to the amount of tax owed the Town, interest thereon at the rate of 1 1/2% per month until such debt is fully paid. If such debt remains unpaid by the time of expiration of the license to rent the property concerning which the rental tax has not been paid, a renewal rental license shall not be issued with regard to such property.
F. 
The provisions of this section shall become effective on May 1, 2007.
Any person who violates the provisions of this chapter or fails to comply with its provisions shall, upon conviction thereof, pay a fine of not less than $100 nor more than $500 and the costs and expenses of prosecution. Each day such a violation exists constitutes a separate offense punishable by like fine or penalty.