[HISTORY: Adopted by the Mayor and Council
of the City of Harrington 3-15-2004 by Ord. No. 03-03; amended in its entirety 6-19-2017 by Ord. No. 17-04. Subsequent amendments noted where applicable.]
The City Council has deemed it necessary to issue business licenses
and establish procedures governing the issuance of business licenses
in order to identify owners/operators of businesses, track changes
in ownership and/or business activity, define the nature of business
activities, ensure an understanding of and compliance with City codes
governing business operations, provide necessary approval, enforcement,
and compliance procedures and for other public purposes.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Any person engaged in the sale of goods or services, including,
but not limited to, any retail, wholesale, service, rental, food service,
professional or personal service, or other general commercial activity.
Includes the license fee for utilities, provided that this
license does not cover sales of appliances or equipment for which
a separate license shall be required.
Includes every person engaged in the business of operating
a place where the public may, for a consideration, obtain sleeping
accommodations and meals and which has at least six permanent bedrooms
for the use of guests.
Any person as owner or agent in the practice, conduct, pursuit,
or carrying on of the business of working raw materials into products
of a different character, finished or unfinished, or of effecting
any combination or composition of material, the nature of which is
changed; or of finishing by hand or machinery goods, wares, or merchandise
or any article or material.
Includes every person engaged in the business of providing
space and facilities for rent or lease to owners of mobile home units
on a permanent or semipermanent basis.
Includes every person engaged in the business of furnishing
for a consideration transient guests with sleeping accommodations,
private bath and toilet facilities, linen service, and a place to
park an automobile and who is not in the business of operating a hotel
as defined in this section.
Any individual, firm, corporation, company, partnership,
or joint venture.
Includes any railroad with an interchange point within the
City limits, any railroad located within the City limits which does
intrastate business, any railroad that has traffic originating with
the City, and any railroad that has traffic terminating within the
City limits.
A person who engages or proposes to engage temporarily in
merchandising business in the City and occupies a room, building,
tent, vehicle, lot, stand, or other premises for the purpose of selling,
trading, or bartering goods, wares, and merchandise.
A.
No person shall operate, maintain, or otherwise be engaged in any
business within the boundaries of the City of Harrington without having
first obtained a business license issued by the City.
B.
No license shall be required of any individual practicing a profession
or trade who is in the employ of any corporation licensed under any
other provisions of this chapter and who does not practice his/her
profession except in his/her capacity as an employee of such corporation.
The provisions of this chapter shall not apply to the following:
A.
Deliveries of goods or property to a resident at his/her home or
to a licensed business for use or resale in that business.
B.
Charitable, religious, educational, or public service facility, social
association or club, or governmental agency except to the extent that
such operate a separate retail facility, provided that any third parties
operating on behalf of any such entities shall not be exempted from
obtaining a business license.
C.
Exhibitor in a museum, the Harrington Public Library, an educational
facility, or other public building where such exhibition is part of
a limited scheduled event or show.
D.
Residents conducting yard sales on the premises of personal property
owned or leased by said resident; provided, however, that not more
than four yard sale events shall be conducted in each calendar year
on said premises. A yard sale that occurs over a period of up to three
consecutive days is considered one yard sale event. Any charitable
or public service institution, association, club, or body not organized
or conducted for private gain shall be exempt from the limit of four
yard sales per calendar year.
E.
Sale of agricultural or nursery items grown on the premises of the
property owner.
F.
Transient merchants paying a registration fee to participate in an
event sponsored by a nonprofit or charitable organization.
G.
Anyone under 18 years of age.
H.
Any business that has obtained a valid City of Harrington contractor
license.
A.
Applications for business licenses shall be upon forms provided by
the City which shall include the following information:
(1)
Company/business name;
(2)
Phone number and street address of business (physical location, not
post office box);
(3)
The name, title, phone number(s), and address(es) of the owner(s);
(4)
Name, cell phone number, and email address of the authorized manager
or representative;
(5)
The trade, business, or occupation for which the license is being
requested;
(6)
Number of regular full-time and part-time or seasonal employees,
if applicable;
(7)
A statement that the applicant is knowledgeable of and has complied
with and will continue to comply with all ordinances of the City;
and
(8)
Any such other information as deemed necessary by the City Manager
and/or his/her designee.
B.
The application shall be verified by the oath or affirmation of the
individual licensee or of one member of a partnership, firm, or association
or the president, secretary, or a director of a corporation applying
for a contractor license.
C.
A copy of any business licenses issued by the State of Delaware and/or
any other approvals issued by the Division of Revenue or another governmental
or quasi-governmental agency (i.e., ABCC, Administrative Services,
Banking Commissioner, Insurance Commissioner, PSC, DNREC, EPA, IRS,
etc.) shall accompany the application. Possession of any such license
or approval shall not exempt a person from obtaining a City of Harrington
business license.
D.
If the applicant is not the property owner, a copy of a lease agreement
or a letter from the property owner stating the applicant has permission
to operate a business on his/her property shall accompany the application.
This requirement shall be waived for business license renewals at
the same property address.
E.
The proper license fee shall accompany the application.
A.
Upon proper application and payment of the prescribed fees as established in Chapter 180, Municipal Fees, a license shall be issued to each such applicant.
B.
Each such license shall be valid and effective from the first day
of July each year, or the date of issuance, to June 30 at 11:59 p.m.
of the fiscal year in which it was issued.
C.
A record of all licenses issued and license fees paid shall be maintained
at City Hall.
D.
Each such license shall be upon a form provided by the City Manager
and/or his/her designee that shall set forth the following information:
(1)
The name and business address of the licensee;
(2)
The trade, business, or occupation for which the license is granted;
(3)
The date of issuance of the license;
(4)
The amount of the license fee paid to the City; and
(5)
Any such other information as deemed necessary by the City Manager
and/or his/her designee.
A.
The City Manager and/or his/her designee shall, upon disapproving
any application submitted under the provisions of this chapter, refund
all fees paid in advance by the applicant pursuant to the application.
B.
When the issuance of a license is denied and any action is instituted
by the applicant to compel its issuance, the applicant shall not engage
in the business for which the license was refused unless a license
is issued to him/her pursuant to a judgment ordering it.
A.
No license shall be issued under this chapter except upon payment of a fee as established in Chapter 180, Municipal Fees, and the full fee shall be required irrespective of when during the year a license is issued. The annual business license fee shall be established in Chapter 180, Municipal Fees, based on the following categories:
B.
If the license fee is not paid within 30 days of being due, the owner shall be in violation of this chapter. The owner shall be assessed a fine for failure to obtain a license as established in Chapter 180, Municipal Fees, for each month the business remains in operation without a license.
C.
No prorating, rebate, or refund of any business license fee or part
thereof shall be made by reason of nonuse of the license, revocation,
or by reason of a change of location or business rendering the use
of the license ineffective. The City Manager and/or his/her designee
shall have the authority to refund a business license fee only if
the license fee was collected through an error.
D.
All 501(c)(3) nonprofit companies are exempt from license fees.
A business license issued under the provisions of this chapter
shall be displayed in a public place in the establishment or place
of business for which it is issued or, if applicable, carried by the
licensee.
Each business license granted under this chapter shall be for
the sole use and benefit of the person to whom it is issued and shall
not be transferable. A business license may not be transferred from
one party to another or from one location to another location of the
same business. If the location or nature of the licensee's business
activities substantially changes after the issuance of a business
license, a new business license shall be required. In case of the
death of any individual licensee, his/her personal representative
shall succeed to all rights thereunder until the expiration of the
license.
A duplicate license shall be issued by the City Manager and/or his/her designee to replace any license previously issued which has been lost, stolen, defaced, or destroyed without any willful conduct on the part of the licensee, upon the filing by the licensee of an affidavit sworn to before a notary public of this state attesting to that fact and payment of the fee as set forth in Chapter 180, Municipal Fees.
A license shall be obtained in the manner prescribed in this
chapter for each branch establishment or location of the business
engaged in as if each branch establishment or location were a separate
business, provided that warehouses and distributing plants 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.
Transient merchants shall comply with all regulations of this chapter, including obtaining a business license. If the transient merchant changes locations or occupies multiple locations, a separate license is required for each location as provided for in § 120-10, Transfer of license, and § 120-12, Multiple business locations.
Notwithstanding any other provision, no person shall sell merchandise
at any public function held in the City on lands owned by the City
without first obtaining written permission therefor from the City
Manager.
A business operating in the City shall at all times be in compliance
with all City codes and ordinances. Each licensee shall refrain from
operating the licensed business after expiration of his/her license
and during the period his/her license is revoked.
The City Manager and/or his/her designee shall have the authority
to make or have made all inspections and investigations reasonably
necessary to enforce this chapter and to inspect those portions of
the commercial premises that are open and visible to the public in
order to ensure that the business is being conducted as specified
by the license and is in compliance with all applicable building,
safety, zoning, and other City codes. All persons authorized by this
chapter to inspect businesses shall have the authority to enter the
premises to inspect at all reasonable times.
A.
The City Manager and/or his/her designee shall make or have made
all investigations reasonably necessary to the enforcement of this
chapter.
B.
The City Manager may order a business to cease operations in the
City and suspend its business license (if a business license has been
obtained) for any of the following reasons:
(1)
The business is found to be operating in violation of the terms of
this chapter.
(2)
The business is more than 60 days late in renewing its business license.
(3)
The business is in violation of any regulations of the Code of the
City of Harrington or the laws of Delaware.
(4)
The Fire Marshal or any public safety authority having jurisdiction
has requested that the business activities cease until certain conditions
have been remedied.
C.
The City shall provide the business with written notice of the violation(s),
which notice shall state that the business shall be ordered to cease
operations and its business license (if applicable) shall be revoked
without further notice if within 10 business days of the date of the
notice the business fails to remedy the violations or file an appeal
with the City Council. The written notice shall be either personally
delivered or sent via certified mail, return receipt requested, to
the business. If the business does not remedy the violations or appeal
the determination of the City Manager within the prescribed time period,
the business shall not be permitted to operate in the City until such
violations have been remedied. Notwithstanding the foregoing, notice
shall not be required to order a business to cease operations in any
emergency situation that causes an immediate threat to the health,
safety, or general welfare of the public.
A.
Any person aggrieved by any decision of the City Manager and/or his/her
designee shall have the right to appeal to the City Council by filing
a written appeal with the City Council within 10 days following the
date of the notice of violation or decision complained of. The appeal
shall set out a copy of the notice of violation or decision appealed
from and shall include a statement of facts relied upon to avoid the
order.
B.
The City Council shall fix a time and place for hearing the appeal
and shall serve written notice upon the person requesting the appeal
informing him/her of the hearing. The hearing may be held as part
of a regularly scheduled City Council meeting. The findings of the
City Council shall be final and conclusive and shall be served upon
the person who requested the appeal.
A.
Any business/person operating within the City without a valid business license will be subject to penalties for failure to obtain a license as established in Chapter 180, Municipal Fees.
B.
A notice of violation issued by the City Manager and/or his/her designee
will stay in effect until the business complies with all conditions
associated with the issuance of a valid business license, including
annual business license and penalty fees.
C.
Continued violation of any provision of this chapter is subject to fines in accordance with Chapter 180, Municipal Fees.
D.
Each day on which a violation shall occur or continue shall be deemed
a separate and distinct offense.
E.
The amount of any unpaid penalty, including the unpaid business license
fee, shall constitute a debt owed to the City, and the City may institute
a civil suit or use any other lawful methods authorized by the City
Charter or the laws of the State of Delaware to recover any unpaid
fee.
