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.
Each license or permit issued shall bear the
signature of the Town Manager.
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.
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.
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.