Town of Oakland, MD Authorities

An unincorporated organization of persons who operate retail, service, or professional business within the Commercial District as defined herein. This organization will provide management and promotional services for the Commercial District.

BUSINESS ESTABLISHMENT

Any retail, service, or professional business entity.

DISTRICT

The Commercial District as defined herein.

PERSON

Any individual, firm, corporation, partnership, joint venture, or other business entity.

§ 8-2 Boundaries of Oakland Commercial District.

The Commercial District established hereunder shall be defined by boundaries as set forth in Exhibit 1 which is attached hereto and made a part hereof.[1] All property within the boundaries as set forth in Exhibit 1 shall be within the Commercial District as defined herein. The name of the District shall be the "Oakland Commercial District."

[1]

Editor's Note: Exhibit 1, Commercial District Boundaries, is included at the end of this chapter.

§ 8-3 Creation of Business Association.

There is hereby created the Oakland Business Association which shall include, among its members, all of the business establishments located within the Commercial District as defined herein.

Within 10 days after the effective date of this article, the Town Council shall appoint an interim Board of Directors of the Business Association which shall consist of the Mayor of Oakland, or his designee, and the representatives of three business establishments within the Commercial District, which shall elect from any of its members an interim Chairman.

Within 30 days of the appointment of said interim Board, the Board shall provide for the election of a permanent Board by setting a meeting of all members of the Business Association at which time the permanent Board shall be elected by a general vote of the members. Each year thereafter, the Association shall hold, on the second Tuesday of June, a meeting of its general membership for the purpose of holding an annual election of the Board of Directors as provided for in its bylaws.

The said Board has forthwith and with the assistance of the Town Attorney drafted a charter and a set of bylaws attached upon by the Association. Said charter and bylaws shall be registered with the Town.

The initial charter includes the following provisions:

(1)

The Association shall be governed by a five-member Board of Directors which shall meet at least monthly. One member of the Board of Directors shall be the Mayor of Oakland or his designee, and the second member shall be Clerk of the Town of Oakland. The remaining three members of the Board shall be elected at large at the first Association meeting of each fiscal year. Each member of the Association shall be entitled to an equal vote in electing the Board of Directors.

(2)

The purpose of the Association shall be to promote the Commercial District, provide for marketing of the goods and service available in the Commercial District and to provide, if necessary, security, maintenance, or amenities within the Commercial District. The Association shall meet as provided in its bylaws, but it shall meet not less than twice per year.

(3)

All advertising contracted for by the Association for the purpose of promotion or marketing shall be at least 50% generic, in that it advertises the Oakland District as a whole rather than individual businesses, although such advertising may include, for purposes of marketing, etc., special sale prices from individual members.

(4)

On an annual basis, the Association, representing the District, shall file with the Town Clerk the following:

(a)

An annual budget setting forth its project expenditures and revenues and the sources of those revenues. The said budget shall be balanced.

(b)

A letter of intent of the Association to the Mayor and Town Council of Oakland certifying that the Association shall expend its funds in accordance with its budget.

(c)

Any amendments to its charter or bylaws proposed for the upcoming year.

(d)

All of the above requirements must be approved by the Mayor and Town Council of Oakland and are invalid until so accepted by that body.

§ 8-4 Collection of Commercial District fee.

The owners of all business establishments, of whatsoever kind of nature, within the geographical area of the Commercial District as defined herein, shall be and are hereby declared to be members of the Oakland Commercial District and the Association. Any owner or proprietor of any business establishment of whatsoever kind of nature, as defined herein, and located outside the geographical area of the Oakland Commercial District may become a member of the Oakland Commercial District, and the Association, by submitting a petition to the Board of Directors. Said petition shall state the reason for seeking membership and classification of the business. The Board of Directors shall approve or disapprove the petition by a majority at any regularly scheduled meeting of the Board. All members shall be subject to the provisions of this article.

Each business establishment shall, upon the adoption of this article, be required to pay an annual license fee to the Town of Oakland as more particularly described herein, and said fee shall be used for the purpose of funding the budget of the Association.

The fee to be paid by each member of the Association shall be as set forth on Exhibit 2, which is attached hereto and made a part hereof.[1]

[1]

Editor's Note: Exhibit 2, GOBA/CDMA Dues, is included at the end of this chapter.

The Oakland Town Clerk shall collect the said fee from the responsible person of each business establishment. The said fee shall be levied, annually on January 1st each and every year, and the entire fee shall be collected before any license is issued to the business establishment.

(1)

The said fee shall be levied as any other Town assessments or fee, and shall be treated the same by the Town. The fee shall be due within 30 days of billing.

(2)

Subject to all applicable provisions of other ordinances of the Town of Oakland, statutes of the State of Maryland and federal law, the Commercial District business license shall be transferable, upon written notice to the Oakland Town Clerk, and shall be renewable from year to year during the continuous operation of the business by the licensee.

(3)

In the event that any person commences business operation in the Commercial District subsequent to the billing date in any year, the Clerk may prorate the amount of the fee due and payable based on the number of months of operation during the licensing year.

§ 8-5 Distribution of fees.

The Oakland Town Clerk shall maintain a separate account for the Oakland Commercial District Business Association, and said account shall be credited with the collection of the Commercial District Business license fees from the District.

The Oakland Town Clerk, with the approval of the Mayor and Town Council, may set a reasonable fee to be charged to the District for the collection, accounting and administrative services performed by the Town, in an amount not to exceed the actual cost of the said services.

Each year, the Oakland Town Clerk shall transfer to the Business Association for the District, the fees collected by the Town on behalf of the Commercial District, less any administrative fees or charges.

The funds collected on behalf of the Commercial District shall be expended by the Association in accordance with this article, the provisions of Article 23A and other applicable state and federal law, and shall be done so in accordance with the budget submitted by the Association and approved by the Town.

§ 8-6 Penalties and interest.

Any person liable to pay the Commercial District fee who fails to pay the same within 30 days after it is due and owing shall be subject to a civil penalty of 10% of the fee and to interest at the rate of 1 1/2% per month, or a fraction thereof, based upon the actual date of payment, in addition to the annual fee. Failure to pay said penalty and interest when due shall subject the violator to civil prosecution, including possible resulting liens, payment of court cost and reasonable attorney's fee.

§ 8-7 General provisions.

Any person who owns or operates a business establishment in the Oakland Commercial District shall be subject to all applicable provisions of all other ordinances of the Town of Oakland, statutes of Maryland and federal law.

The Mayor and Town Council of Oakland are hereby authorized and empowered to make, adopt, promulgate and amend, from time to time, such rules and regulations as the Mayor and Town Council deem necessary or proper to carry out and enforce the provisions of this chapter and to define or construe any of the terms or provisions of this chapter.

Any member of the Board of Directors of the Association is subject to removal for cause, by the Mayor and Town Council of Oakland.

Any fees imposed under this article shall be used only for the purposes stated in this article and may not revert to the general fund of the Town of Oakland except upon the dissolution of the Association.

The authority established pursuant to this article may not exercise the power of eminent domain or purchase, sell, construct or, as landlord, lease office or retail space, or, except as otherwise authorized by law, otherwise engage in competition with the private sector.

For the purpose of the Oakland Commercial District as specified in this article, the initial fee period shall begin January 1 and shall end December 31, and subsequent licensing periods shall begin January 1 of every year thereafter. Assessments for licensing fees shall be given 30 days prior to the due date.

The life of the Town of Oakland Commercial District, and the Association as created hereunder, shall be five years from the date of the passage of this article, and thereafter said Commercial District and Association shall be automatically renewed unless specifically dissolved by the Mayor and Town Council of Oakland by ordinance.