[HISTORY: Adopted by the Mayor and Council of the City of
Hyattsville as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-3-1983 by
HB No. 12-83]
A.
The legal owner of any business located within the City shall not
operate such business without first having obtained a business license.
[Amended 4-5-2004 by
HO-2004-08]
The owner of the business shall make written application to
the City for a business license upon such form or forms as the City
shall from time to time designate. Such application shall be submitted
together with the license fee, the amount of such fee to be established
by the Mayor and City Council. In addition, a late fee of $50 shall
be assessed against any applicant for failing to apply prior to opening
or re-opening a business or for failing to apply for renewal prior
to the expiration of the business license, as provided herein. There
shall be a continuing obligation on the part of the applicant to update
the information on his application and/or to supply information not
previously submitted.
[Amended 1-2-1990 by
HB No. 6-89, 2-21-2012 by HO-39-02-12, 4-21-2014 by HO 2014-03]
A.
Upon receipt of a completed application for a license with tender
of the appropriate license fee and completed inspection, the City
shall issue a temporary certificate indicating that a license has
been duly applied for, which will be issued or denied after the business
has been inspected and the Treasurer has certified that the applicant's
City taxes are not in arrears.
B.
A temporary certificate, as issued, shall authorize continuation,
without penalty, of the business, pending the issuance or denial of
a license for a period of 90 days from the date of issuance.
C.
An inspection of the business shall be conducted by the City's
Code Enforcement Officer, who shall certify that the business is in
compliance with the City Code and of the Prince George's County
Code and is not causing a public nuisance. The Treasurer shall inspect
City records and certify that the applicant's City taxes are
not in arrears. Upon such certifications, a business license shall
forthwith be issued.
[Amended 4-5-2004 by
HO-2004-08]
D.
Should any inspection reveal violations of any of the Code provisions set forth in Subsection C, the Code Enforcement Officer shall notify the applicant, in writing, within 15 days, specifying each violation and the Code section it violates. Should the Treasurer find that any of the applicant's City taxes are in arrears, he shall notify the applicant and the Code Enforcement Officer in writing, within 15 days, of the amount of City taxes in arrears plus any interest and penalty payable in addition thereto, indicating the total amount the applicant must pay to clear up the arrearage. The applicant shall then have not more than 60 days to correct such violations or pay such arrearage. Within such period, the Code Enforcement Supervisor shall have the authority to extend the time period for the temporary certificate, or the time for correcting such violations or paying such arrearage at the request of the applicant upon a showing that a good faith effort has been initiated to correct such violations or pay such arrearage and that they cannot be corrected or paid within the established period.
[Amended 4-5-2004 by
HO-2004-08]
E.
The City may set reasonable conditions on any issuance, renewal or
revocation of a business license as appropriate. Failure of an applicant
to correct all violations or pay such arrearage in full within the
sixty-day period or the time allowed by the Code Enforcement Supervisor
if it has been extended shall result in application for license being
denied or revoked.
[Amended 4-5-2004 by
HO-2004-08]
[Amended 10-15-2007 by
HO-2007-12]
A.
Each license issued pursuant to this chapter shall expire on June
30th and will be pro-rated for the time unused.
[Amended 5-2-1989 by
HB No. 4-89, 4-5-2004 by HO-2004-08, 10-15-2007 by HO-2007-12]
B.
Application for the renewal of an existing license shall be made
at least 30 days prior to the expiration date.
C.
Every applicant whose application for a license has been denied or
whose license has been revoked may not reapply for a business license
within 90 days from such denial or revocation.
[Amended 4-5-2004 by
HO-2004-08, 4-21-2014 by HO 2014-03]
A.
The City's Code Enforcement Officer shall have the authority
to conduct periodic inspections of any licensed property to determine
if it continues to be in compliance with all the requirements for
a business license. Should he or she find additional violations, he
or she shall notify the license holder in writing, within 15 days,
specifying each violation and the Code section it violates. The license
holder shall then have not more than 60 days to correct such violations,
unless otherwise extended by the Code Enforcement Officer for good
cause shown, or his license shall be revoked.
B.
Failure by the owner and/or the license holder to allow entry for
an inspection after reasonable notice, or the failure by the owner
and/or license holder to require as a term of any rental agreement
that the business tenant shall allow the City entry for such inspection,
shall be sufficient reason to deny or revoke any business license
for the premises and shall be a violation of this chapter.
C.
The City shall have the authority to deny or revoke a license upon
the City finding that the use of any licensed property is or has been
creating a public nuisance. A public nuisance shall include, but not
be limited to, the use of any licensed property which is reasonably
attributable to the operation of the business for the following conduct:
(1)
An incident involving facts amounting to a felony;
(2)
The presence of a controlled dangerous substance or drug paraphernalia
on the property;
(3)
Two incidents in 24 months of drug-related crimes such as the presence
of stolen property, theft, robbery or prostitution; or
(4)
Two noise violations within a six-month period.
D.
In considering whether a property constitutes a public nuisance under
this chapter, the City may consider the history of the property prior
to the enactment of this amendment. The City may consider allowing
a license that has been revoked or denied pursuant to this subsection
to be renewed or (re)issued only upon a showing by clear and convincing
evidence that the condition(s) creating the public nuisance will not
re-occur. The City may issue a provisional business license to a property
unit that previously constituted a public nuisance with reasonable
conditions to assure the property does not become a public nuisance.
The City may set reasonable conditions on any renewal as to the effective
date, inspections, review and any other matter reasonably involving
the welfare of the general public.
E.
Code Enforcement shall attempt to notify a business owner/owner of
any new incident/violation on the property that could qualify as contributing
to a public nuisance. The notice shall contain a warning that the
business license for the property may be revoked.
[Amended 4-5-2004 by
HO-2004-08, 4-21-2014 by HO 2014-03, 12-5-2016 by HO-2016-02]
A.
Any persons aggrieved by an action of a Code Enforcement Officer
under this chapter may appeal such an action by filing a $50 appeal
fee and a written notice thereof with the head of Code Enforcement
within 15 calendar days of the action complained of. The head of the
Code Enforcement shall promptly schedule a conference with the Appellant
and any other party the head of Code Enforcement may choose. After
such conference, the head of Code Enforcement shall promptly issue
a written opinion to the Appellant.
B.
In the event the Appellant is dissatisfied with the opinion of the
head of Code Enforcement, the Appellant may further appeal the finding
of the head of Code Enforcement to the City Administrator by filing
a written appeal along with payment of the proper appeal fee in the
amount established by the Mayor and City Council. Any such appeal
must be filed with the City Administrator within 15 calendar days
of the written opinion of the head of Code Enforcement. Within 15
days of such filing, a hearing shall be conducted before the City
Administrator or City Administrator's designee(s). The hearing
shall be open to the public, records and minutes shall be maintained
and the person aggrieved and the Code Enforcement Department shall
be given an opportunity to present evidence. The person(s) hearing
the appeal shall, within 10 days, either reverse, modify or affirm
the action complained of and cause a written copy of the decision
to be sent to the person aggrieved. This decision shall be final.
C.
An appeal shall not operate to stay any of the provisions or requirements
of this chapter unless the head of Code Enforcement or City Administrator
as applicable shall otherwise order.
[Amended 10-6-1986 by
HB No. 12-86, 6-1-1998 by HR 98-03, 4-5-2004 by HO-2004-08, 4-21-2014 by HO 2014-03]
A.
Except as provided herein, violations of this chapter shall be punishable as a municipal infraction as provided in Chapter 20 of this Code. The fine for any single initial violation shall be $250 per day for each day that application is not made.
B.
Any person or owner who willfully violates the provisions of this
chapter by allowing a business to be carried on without a business
license shall be guilty of a misdemeanor and subject to imprisonment
for 30 days and/or a fine of $1,000. A person or entity shall be presumed
to be acting willfully in violation of this subsection if the person
so charged has been tendered, mailed or left a written communication
from a Code Enforcement Officer putting him/her on notice that he/she
is violating this chapter and continues the violation. A criminal
citation shall be referred to the Police Department.
Licenses issued under this chapter shall be predominately and
publicly displayed on the premises and shall be available at reasonable
times for inspection by the Code Enforcement Officer.
[Adopted 2-21-2012 by
HO-40-02-12]
The County Zoning Code, currently at 27-107.01(22.1), defines
such an inn as any owner-occupied one family detached residential
dwelling in which rooms are rented to paying guests on an overnight
basis or no longer than two weeks in any one visit. A "country inn",
"hotel", "motel", "fraternity or sorority house", "dormitory", "tourist
home", "rooming house or boarding house" shall not be considered a
"bed-and-breakfast inn". The definitions of "bed-and-breakfast" as
further amended in the County Zoning Code shall be the definition
for the City.
In addition to the requirements of this chapter, a bed-and-breakfast
inn is subject to the following:
A.
The primary use of the structure and property shall be residential,
and the property shall be owner-occupied and managed. No more than
two nonresident persons may be employed on the premises.
B.
Interior residential features shall be retained in a manner that
will allow re-conversion to a residential use, and the maximum number
of guest rooms shall be eight.
C.
Meals shall be served only to customers who are actually using the
bed-and-breakfast inn accommodations overnight, nonpaying residents,
or their bona fide guests.
D.
Off street parking shall be provided on site with one additional
space required for each room that is available to be rented.
E.
A bed-and-breakfast inn shall not have any sign or other evidence
of its use except one sign not exceeding two feet by three feet in
area, which may be double-faced and illuminated but no internally
illuminated or back-lit signs are permitted. Other than an authorized
sign, the bed-and-breakfast inn shall be maintained and landscaped
to eliminate outward signs of transient use and shall be compatible
with the neighborhood surroundings.
For a single bed-and-breakfast inn, a public nuisance shall
include, but not be limited to, a property at which the following
has occurred:
A.
Four incidents in 24 months of criminal activity or the presence
of a controlled dangerous substance or drug paraphernalia on the property,
which is reasonably attributable to the occupants of the property;
B.
Two incidents in 24 months of drug-related crimes including but not
limited to the presence of stolen property, theft, robbery or prostitution
or of any felony; or
C.
Four noise violations or 3 violations of the applicable occupancy
limit imposed by any governmental agency in 24 months.
