Town of North Beach, MD
Calvert County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Town Council of the Town of North Beach as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-12-1983 by Res. No. 1-83]
A. 
No person, owner, operator, corporation, company, firm, partnership, association and/or establishment, either directly or indirectly shall conduct any business or enterprise for profit or nonprofit, or to engage in any profession or vocation, occupation enterprise, or to engage in business activities or operate or maintain a business establishment or a business space or place indoors or outdoors, without first having obtained a license and paid the required license fee.
B. 
Any and every person, owner, operator, corporation, company, firm, partnership, association and/or establishment, either directly or indirectly, indoors or outdoors, for profit or nonprofit, who shall entertain, employ or acquire the services of any entertainer, serve as entertainer, and/or conduct entertainment and/or parties where an admission fee is being charged and/or the event is being advertised to the public at large and/or over 100 people are expected, shall first apply for and obtain the required license in accordance with methods prescribed in § 69-1. For the intent and purposes of this article and sections thereof, "entertain," "entertainer" and/or "entertainment" shall be defined as but not limited to the following: dancing, dancer, dancers, bands, band, instrumentalist, instrumentalists, singer, singers, vocalist, vocalists, disc jockey, disc jockeys, wrestler, wrestlers, boxer, boxers, boxing, magic shows, magician, magicians, comedy, comedian, comedians, any type of show or performances, any type or party, i.e., beer party, beer bust, keg party, etc. Licenses issued will be valid during the dates, times and places as noted on the face of the licenses. Any application for an entertainment license may be denied issuance of license and/or any entertainment license issued may be revoked by the Mayor and Town Council for violation by the licensee of any provisions of this article, and its amendments, if any, or if the affair being held and conducted is shown to be a nuisance or a menace to the neighborhood, to the health, safety, welfare and morals of the general public and/or within the neighborhood and/or the Town of North Beach, Maryland.
[Amended 6-10-2004 by Ord. No. 04-06]
C. 
Any and every person, owner, operator, corporation, company, firm, partnership, association and/or establishment, either directly or indirectly, for profit or nonprofit, who qualifies to remain open between the hours of 2:00 a.m. to 6:00 a.m. as defined in § 69-5, must apply for and obtain separate licenses for conducting business during such hours. Such application for said license shall be as stated in Subsection D.
D. 
Any such person, corporation, company, etc. desiring to obtain a license to engage in and conduct any business within the corporate limits of the town shall first file application with the Town Clerk on forms provided by the town. Such application shall be accompanied by a filing fee. The prescribed license fee shall be payable at such time as license is issued.
[Amended 2-12-2004 by Ord. No. 04-01]
E. 
Upon payment of required fees, the Town Clerk shall issue a license to the applicant after approval by the Committee on Licenses. The Town Clerk shall pay over monthly to the Treasurer all moneys collected by virtue of this article.
A. 
Before the issuance of any business license within the town, and at all times when the license is in effect, the exterior of the business establishment designated by the said business license shall conform hereinafter to those standards usually considered attractive; including but not limited to clean, painted or otherwise finished exterior walls; windows intact; signs, when used, to be finished, and lighted, shall be complete; pavement in areas of the premises shall be clean with the grass cut; hedges shall be trimmed and all trash and refuse removed.
B. 
Any and all premises, buildings, establishments, appurtenances, yard areas, paved and/or parking areas shall, where applicable, conform to all zoning, building, plumbing, electrical, fire and health regulations as adopted and enforced by the Town of North Beach, Calvert County and/or the State of Maryland. Any and all premises, building, appurtenances, yard areas, paved and/or parking areas, including vehicles, containers, appliances and appurtenances and street vendors, shall before licenses are issued and at any other times after issuance of licenses be inspected by any and/or all of the above mentioned agencies and/or departments, namely zoning, building, plumbing, electrical, fire and health. Upon inspection, should any nonconforming conditions be found to exist, or any other conditions which may be dangerous or injurious to the public health, welfare and morals are disclosed, the same shall be ordered to be corrected in a timely manner as may be set forth by the appropriate office of such agency and/or department as may conduct such investigations. Failure to comply with such order may be just cause for revocation of any and/or all licenses issued to such premises or establishments.
A. 
No street vendor shall be permitted to sell any article or thing upon any street or public place within the town, except at such places as may be designated by the Mayor and Town Council.
B. 
Every vehicle and every thing pertaining thereto used by a licensed street vendor shall at all times be maintained in a clean and orderly condition and no portion of the contents thereof shall be thrown, spilled or deposited upon the street or other public place.
C. 
This section shall be subject to all provisions, where applicable, as in § 69-2.
A. 
Every license issued for the conduct of any business shall designate the place of such business, the kind of business to be engaged in, and the name of the licensee.
B. 
Such license may be transferable only upon approval of the Mayor and Town Council and the licensee and upon filing of application, acquiring approval from the appropriate inspection authorities as described in § 69-2, and upon payment of required fees. Such transfer fee shall be as established by the Mayor and Council on an annual basis and/or at such other times as may be deemed necessary or feasible by the Mayor and Council.
A. 
No business establishment within the corporate limits of the Town of North Beach shall remain open to the public between the hours of 2:00 a.m. and 6:00 a.m., with the following exceptions.
B. 
Business establishments providing public lodging may remain open 24 hours a day in order to provide those services generally required of such establishments for lodging purposes only. For all intents and purposes of this article, the definitions of public lodging for a period of time that could establish a permanent residence. Occupancy of or the rental of any unit for a period of 180 days or more shall constitute permanent residency.
C. 
Business establishments which serve food and beverages, and which do not have alcohol beverage licenses, may remain open 24 hours a day for the purpose of providing food services to the general public. Such establishments shall have capacity for seating patrons as well as having necessary facilities for the proper preparation and serving of food and beverages so as to be classified as a restaurant. This article does not include businesses defined as a snack bar, drive-in, pass-through openings or carry-outs, whether they be licensed as separate businesses or are a part of any other businesses. Snack bars may be included in conditions applying to food establishments as above, if such snack bars are within and licensed as a part of a restaurant; other businesses, as excluded above, are also excluded from this article even though they may be a part of a restaurant.
D. 
No business establishment, regardless of its classification, may remain open between the hours of 2:00 a.m. and 6:00 a.m. if such establishment has been either directly or indirectly issued an alcohol beverage license.
[Amended 10-10-2000 by Ord. No. 14-00]
A. 
Annual license fees for fiscal year beginning July 1 of each and every year in the amount as hereinafter set forth shall be due and payable on or before July of the current year. Any new business commencing after July 1 must obtain the required license prior to the opening of said business to the general public for its intended purpose and use or any other purpose or use. All licenses acquired must be posted on the premises in a conspicuous place at all times.
B. 
All license fees shall be as set forth by the Mayor and Council annually and/or at such other times as may be deemed necessary or feasible by the Mayor and Council.
[Amended 10-10-2000 by Ord. No. 14-00]
A. 
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 is reserved to the Mayor and Council to refuse to grant any license and to suspend or revoke any license previously granted which is determined by the Mayor and Council to adversely affect the health, safety, morals or general welfare of the public and/or for any noncompliance with or violation of any or all sections as may be contained in this chapter and its amendments, if any, and for any conviction of a felony to the person or persons who may be requesting the issuance of a license or has previously been issued a license.
B. 
The owner(s) of title or a legally designated agent (designation must be in writing) of said business shall, upon application for license or for license renewal, schedule an appointment of inspection with North Beach Code Enforcement Officer, accompany the North Beach Code Enforcement Officer into the premises for the purpose of conducting the required and/or mandated inspections. Inspections for business licenses shall be scheduled annually. Scheduling for inspections is made by North Beach Town Hall personnel.
A. 
If this chapter permits the licensing of business or activity that is prohibited by another chapter or section thereof of the Codes and/or ordinances of the Town of North Beach, Maryland, such other chapter or section thereof so prohibiting that business or activity shall control, whether or not provisions are made in this chapter to license the same.
B. 
If this chapter prohibits a business or activity that is permitted by another chapter or section thereof of the codes and/or ordinances of the Town of North Beach, Maryland, this chapter so prohibiting shall control. Should a business or activity be licensed by another licensing government, agency and/or department other than the Town of North Beach, Maryland without having obtained the proper license from the Town of North Beach, Maryland, or should a license as required by this chapter be suspended or revoked by the Mayor and council, such other licenses as issued by any other licensing government, agency and/or department shall not authorize the conducting of business or opening of business to the general public for its intended purposes or use or any other purpose or use.
Every license shall be held to confer a personal privilege to transact the business specified therein and shall not be exercised, except by the person, firm, company or corporation licensed, or his, her, or its duly authorized agents, executors, or administrators.
Pawn shops and massage parlors are prohibited and may not be licensed within the town limits.
[Added 7-12-1984 by Res. No. 14-84]
A. 
It shall be unlawful for any person to engage in the business of operating a tattoo parlor or an establishment that does tattoos within the Town of North Beach. The term "tattoo" refers to any method of placing designs, letters, scrolls, figures, symbols or any other marking upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin.
B. 
A violation of this article shall be a misdemeanor, punishable as provided in Chapter 1, General Provisions, Article III, Penalties. Each day of operation of such establishment shall be considered to be a separate infraction.
[Amended 6-1-2000 by Res. No. 05-00]
[1]
Editor’s Note: Former § 69-12, Fortunetelling, added 7-12-1984 by Res. No. 15-84, as amended, was repealed 2-8-2018 by Ord. No. 17-14.
[Amended 7-11-1985 by Res. No. 13-85; 6-1-2000 by Res. No. 05-00; 10-10-2000 by Ord. No. 14-00]
A. 
A violation of §§ 69-1 through 69-8, 69-11 and 69-12 shall be a misdemeanor, punishable as provided in Chapter 1, General Provisions, Article III, Penalties. Any overdue license shall be subjected to a penalty of $50 for each day delinquent.
[Adopted 10-10-2000 by Ord. No. 13-00[1]]
[1]
Editor's Note: This ordinance also provided for the repeal of former Art. II, Rental Housing Licenses, adopted 12-11-1997 by Ord. No. 3-97, and as amended 6-1-2000 by Res. No. 05-00.
[Amended 7-31-2012 by Ord. No. 12-07; 2-9-2017 by Ord. No. 17-02]
A. 
All rental housing units shall be required to obtain a license as issued by the Town of North Beach for the privilege of renting housing units within the corporate limits of the Town.
B. 
A rental housing license shall be on a three-year renewal and shall be inspected one time within each three-year cycle or as the Code Enforcement Officer deems necessary as a result of complaints received for substandard conditions.
Fees for the rental housing license shall be established from time to time by authority of the Town Council.
[Amended 7-31-2012 by Ord. No. 12-07; 2-9-2017 by Ord. No. 17-02]
A. 
Upon applications for said license and prior to the issuance and/or renewal and/or upon registered complaint received by the Town of substandard livability conditions, there shall be an inspection conducted by an authorized agent of the Town of said rental housing units for compliance with the Building Code Administrator (BOCA) National Property Maintenance Code, as amended from time to time.
B. 
The owner(s) of title or a legally designated agent (designation must be in writing) of said rental units shall, upon application for license or for license renewal and scheduling of inspection with North Beach Code Enforcement Officer, accompany the North Beach Code Enforcement Officer into the premises for the purpose of conducting the required and/or mandated inspections. Inspection for a rental housing license shall be scheduled once every three years or as required by the North Beach Code Enforcement Officer as a result of a complaint for substandard conditions. Scheduling for inspections is made by the North Beach Town Hall personnel.
C. 
If upon presentation of proper credentials and if after giving reasonable notice of the scheduling of an inspection, the Code Enforcement Officer or his or her agent is denied entrance to a rental property, said officer will give to the denier official notice of a subsequent inspection not longer than 10 days hence and at a designated hour. If within 10 days upon a second request to inspect the same premises the Code Enforcement Officer or his or her agent is again denied entrance, said Code Enforcement Officer shall petition the appropriate legal body and shall seek to acquire a warrant permitting legal entrance into said premises.
The requirements of this article and the enforcement thereof shall be retroactive to encompass all rental housing units with the town that are presently and have been previously occupied as rental housing units.
Violation of this article shall be a municipal infraction, punishable as provided in Chapter 1, General Provisions, Article III, Penalties. A penalty of $50 per day will accumulate for each day in violation.