[Adopted 3-12-1994 by Ord. No. 34-94]
This chapter is authorized by § C-4B
of the Town Charter.
[Amended 4-13-2012 by Ord. No. 161-12; 12-10-2021 by Ord. No. 204-21]
No person shall engage in or carry on any business,
occupation and/or activity or use of any wagon, vehicle, stand, store
or other place or thing for profit-making purposes without first having
obtained from the Town of South Bethany a license for permission to
conduct such business, occupation and/or activity and having paid
the prescribed fee for such license. Specifically included are all
persons, firms, partnerships and corporations engaged for profit in
selling any and all products, merchandise or commodities, providing
facilities, and/or food or other services within the corporate limits.
As used in this article, the following terms
shall have the meanings indicated:
Covers the time period from January 1 to December 31.
[Added 12-10-2021 by Ord. No. 204-21]
A building or part thereof or each motor, horse drawn and/or
human drawn vehicle or each stand at or from which any product, merchandise
or commodity is dispensed or facilities or services are provided to
members of the general public.
Meaning, including and embracing individuals, partnerships,
firms, associations and corporations.
Upon issuance, covers a thirty-day period with defined dates.
[Added 12-10-2021 by Ord. No. 204-21]
[Amended 4-13-2012 by Ord. No. 161-12; 12-10-2021 by Ord. No. 204-21]
The application for a license required by § 84-2 hereof shall be made on a prescribed form to the Town of South Bethany. Each application shall specify to whom such license shall be issued and include the following additional information:
A.
The name and business address of the applicant.
B.
If applicant is a partnership, the names, telephone
numbers and addresses of the partners.
C.
If applicant is a corporation, the names, telephone
numbers and addresses of the principal officers and/or general managers.
D.
A full description of the nature of the business,
occupation and/or activity for which a license is desired.
E.
The specific location of the business, occupation
and/or activity, including lot and block number, if located within
the corporate limits of the Town of South Bethany.
[Amended 6-8-2001 by Ord. No. 101-01; 12-12-2008 by Ord. No.
144-08; 4-13-2012 by Ord. No. 161-12]
All license fees and/or taxes shall be due and
payable to the Town of South Bethany no later than the start date,
as listed on the application, or upon the inception of business activities.
All licenses shall expire on the expiration date, as listed on the
application.
[Amended 5-8-1998 by Ord. No. 73-98; 6-8-2001 by Ord. No.
101-01; 12-12-2008 by Ord. No. 144-08; 4-13-2012 by Ord. No.
161-12]
A license fee shall be paid to the Town of South Bethany, Delaware, for a mercantile license specified in § 84-2 hereof, subject to the following conditions:
A.
It shall apply to the selling of any and all merchandise and/or commodities and/or providing regular facilities, services and/or food services within the Town limits, with the exception of activities covered under Chapter 118, Article III, Tax on Gross Rental Receipts, and its successors; services solely consisting of delivery of goods or merchandise; public utilities; services rendered solely to the Town government; and services rendered solely to merchandise under warranty on which services are required.
B.
Such fee shall be as set by resolution of the Town Council and available in the Town office. Occupation and/or activity not covered by the general contractor's employees, and in every case where more than one license is required, a license must be taken out for each activity paid in accordance with § 84-5 hereof.
Each license certificate shall be conspicuously
displayed on the licensed premises and/or vehicle or shall be carried
upon the person of the licensee.
It shall be a condition to the issuance of all
licenses under this article that the business licensed shall be used
and operated only for lawful purposes. The Town Council, in its discretion,
has the right hereby specifically reserved to refuse to grant any
license and to revoke any license previously granted for a good cause.
No license fee shall be charged for a license
issued to any charitable and/or public service institution, association,
club or body not organized or conducted for private gain, nor shall
the Town of South Bethany be charged for licenses.
[Amended 2-8-2002 by Ord. No. 105-01; 10-14-2022 by Ord. No. 209-22]
A.
Any person found guilty of violating any section of
this article shall pay a civil penalty of $500 for the first violation,
and, for a second or subsequent violation within five years, pay a
civil penalty of $1,500. Each day of a continuing violation shall
constitute a separate violation, subject to a civil penalty of $100
per day, but:
(1)
The total amount of all penalties (for the initial
violation and each subsequent day of a continuing violation) shall
not exceed the cumulative total of $3,000; and
(2)
Each day of a continuing violation shall not be considered
a "second or subsequent violation" for purposes of enhanced penalty
for a "second or subsequent offense."
B.
Any person charged with a "first offense" violation
of this article may cure the violation within 15 days by:
[Added 2-8-2002 by Ord. No. 105-01]
A.
The Town may deny issuance of any license, or may
revoke any license previously issued, where reasonable cause exists
to show that the applicant/licensee:
B.
If the Town determines to deny or revoke a license
under this section, written notice of such determination shall be
promptly given to the applicant/licensee at the address provided to
the Town, which notice shall include a statement of the reasons for
such determination, provide a reasonable time to correct the violation
or pay the amount due, and advise the applicant/licensee of its right
to request an appeal, in writing, within 15 days of the date of such
written notice from the Town. Any appeal shall be heard by three members
of the Town Council appointed by the Mayor. Such appeal shall be heard
within 15 days of the date that the Town receives the written request
for appeal. The applicant/licensee shall have the right to be represented
by legal counsel, to introduce evidence and witnesses, to cross-examine
adverse witnesses, and to a written decision setting out reasons for
the decision; provided, however, that strict rules of evidence shall
not apply and the Appeals Board may, within the sound exercise of
its discretion, accept any evidence (including "hearsay") which a
reasonable person might accept as trustworthy and reliable in making
important decisions in their personal lives. The decision of the Appeals
Board shall be final, and any review shall be by writ of certiorari
to the Superior Court of the State of Delaware.
Each licensee must comply with all applicable
ordinances currently in effect.
[Amended 12-8-2023 by Ord. No. 212-23]
Nothing herein shall be construed to make it
mandatory upon any resident of the State of Delaware to apply for
a license in order to sell in the Town any form of produce or products
not otherwise prohibited by this article or by Town Code, grown upon
a farm owned by such resident or any member of his family with whom
he resides.
[Added 12-8-2023 by Ord. No. 212-23]
Within the limits and bounds of the Town of South Bethany, no
mercantile license shall be issued for, and no person shall maintain
or operate any entity or establishment engaged in the business of,
marijuana cultivation, marijuana product manufacturing, marijuana
testing, retail sales of marijuana (marijuana store), marijuana smoking
lounge or other marijuana-related establishment.
