[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.
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.
[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]
[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.
