Sec. 5-76. - General contractor and construction manager liability; failure to identify and report contractors and subcontractors; effect on request for final inspection.

(a)

Each general contractor, construction manager, contractor and subcontractor that provides services, labor and/or materials on any construction project that is undertaken within the City of Wilmington must have a business license as provided in this chapter. Each individual working on a construction project within the jurisdictional limits of the City of Wilmington must either be an employee of a business licensed to do business within the City of Wilmington or an independent contractor that is licensed to do business within the City of Wilmington.

(b)

Each general contractor, construction manager, or both, on any such construction project shall post and maintain for inspection a contractor and subcontractor's roster card on a form to be supplied by the City of Wilmington. This roster card shall be at the on-site construction trailer or some other prominent place on the construction site where it can be readily accessed and reviewed by inspectors of the City of Wilmington.

(c)

No general contractor, construction manager, contractor or subcontractor may commence work on any construction project unless and until it is identified on the roster card and all required information respecting such general contractor, construction manager, contractor or subcontractor is reported thereon. Failure to comply with the provisions of this subsection shall result in the assessment of fines as provided hereinafter in subsections (f), (g) and (i) of this section.

(d)

The roster card shall list the business name, City of Wilmington business license number, business address, business phone number and general scope of work of each general contractor, construction manager, contract or and subcontractor providing services, labor and/or materials on the construction project and such other information as may reasonably be required by the department of finance of the City of Wilmington.

(e)

No final inspection shall be conducted by the department of licenses and inspections of the City of Wilmington unless and until a certification on a form to be provided by the department of finance is received by the department of finance from the general contractor or construction manager on the construction project. The certification shall be submitted to the department of finance and shall be completed by the general contractor or construction manager responsible for obtaining the building permit for the construction project pursuant to Wilmington Code, Chapter 4, Subchapter 2. The certification shall be attached to the fully completed roster card and shall affirm under penalty of perjury that all information provided in the roster card is true and correct and that at all times relevant to the performance on or participation of the general contractor, construction manager, contractor or subcontractor, each such general contractor, construction manager, contractor or subcontractor obtained and kept in force a valid and current City of Wilmington business license. The department of finance shall promptly notify the department of licenses and inspections of the City of Wilmington that it is in receipt of any such properly completed and submitted certification.

(f)

Any violation of subsections (b) through (e) of this section in which a general contractor, construction manager, contractor or subcontractor is neither timely disclosed on the roster card at the time of inspection by the department of finance nor otherwise has obtained and kept in force a City of Wilmington business license at all times relevant to its performance on or participation in the subject construction project shall result in the assessment of a civil administrative penalty by the department of finance in the amount of $1,500.00 per day. The civil administrative penalty shall be assessed by the director of finance of the City of Wilmington against the general contractor and construction manager on the construction project, jointly and severally.

(g)

Any violation of subsections (b) through (e) of this section in which a general contractor, construction manager, contractor or subcontractor is not timely disclosed on the roster card at the time of the inspection by the department of finance but has obtained and kept in force a City of Wilmington business license at all times relevant to its performance on or participation in the subject construction project shall result in the assessment of a civil administrative penalty by the department of finance in an amount not to exceed $250.00 for a first offense in the 24-month period next preceding the date of the violation and an amount not to exceed $350.00 for a second or subsequent offense within the 24-month period next preceding the date of the violation.

(h)

Any civil administrative penalty assessed by the department of finance under subsections (f) through (g) of this section may be subject to suspension or abatement in whole or part in the discretion of the director of finance upon good cause shown.

(i)

If following issuance of a certificate of occupancy or certificate of compliance by the department of licenses and inspections for the construction project, it is determined by the department of finance that one or more general contractors, construction managers, contractors or subcontractors were not disclosed in the certification and roster card required to be filed with the department of finance as a condition precedent to the request for final inspection and issuance of the certificate of occupancy or certificate of compliance, then a civil administrative penalty shall be assessed by the department of finance against the construction manager and general contractor, jointly and severally, in an amount not to exceed ten percent of all sums paid to the general contractor, the construction manager, or any contractor or subcontractor that was omitted from disclosure in the required certification and accompanying roster card as provided in subsection (e) of this section.

(j)

Any civil administrative penalty assessed by the department of finance under subsection (i) of this section may be subject to suspension or abatement in whole or part in the discretion of the director of finance upon good cause shown.

(k)

The civil administrative penalties authorized by this section shall be cumulative and shall be imposed in addition to all other penalties for other violations under this section and this Code.

(l)

It shall be unnecessary to prove the state of mind of the general contractor, construction manager, or contractor or subcontractor with respect to any violation of the duties imposed by this section.

(m)

An aggrieved party against whom a civil administrative penalty has been assessed for a violation under this section may protest the assessment to the director of finance within 30 days of notice of the violation. The protest must be in writing and state the grounds supporting the protest. In the absence of a protest filed with the department of finance within 30 days of the date of delivery of a notice of a violation under this section, the assessment of a violation under this section shall become a final determination of the violation.

(n)

The director of finance shall issue a final determination regarding any timely filed protest of an assessment under this section within 60 days of filing of the protest. If a final determination of a protest does not issue by the director of finance within 60 days of filing of the protest, then the assessment shall be deemed final.

(o)

Any final determination of an assessment under subsections (m) through (n) of this section, may be appealed to a court of competent jurisdiction, provided, however, that any such appeal must be filed within 20 days of the date of final determination or thereafter an appeal of the final determination of a violation shall be deemed time-barred.

(p)

Any subcontractor who hires another subcontractor to assist it with performance of its duties under any agreement with any general contractor, construction manager, contractor or subcontractor on any construction project to be undertaken within the City of Wilmington shall for purposes of this section be deemed a general contractor with respect to that subcontractor.

(q)

The provisions of this section shall apply to those construction projects for which a construction permit is obtained or required to be obtained in accordance with the requirements of Chapter 4, subchapter 2 of the Wilmington Code, provided, however, that any general contractor, construction manager, contractor or subcontractor on a construction project for which a construction permit was obtained or required to be obtained on or before December 31, 2009 and for which a final inspection has not been completed by the department of licenses and inspections on or before January 1, 2010 shall not be subject to an assessment of any civil administrative penalty under this section for noncompliance with the provisions of this section until the earlier either of March 31, 2010 or the transmittal of the certification and roster card required under subsection (e) of this section.

(r)

No assessment on any violation of this section may be issued and no enforcement action in any court of competent jurisdiction on any initial or final determination of any such assessment may be commenced by the department of finance of the City of Wilmington after the expiration of two years dating from the later of the date of issuance of the certificate of compliance or the certificate of occupancy on the construction project on which the violation occurred.

(Ord. No. 09-062(sub 1), § 1, 11-19-09)

Sec. 5-77A. - License classifications in general.

All businesses operating within the city shall be included in one or more of the following classifications: Construction, entertainment/recreation, financial/real estate service, wholesale/manufacture/related services, nonprofessional service, professional service, retailers, travel/lodging/automotive, utilities/public service, or miscellaneous and shall pay per year a license fee as provided in section 5-101 for each store or place of business within the city; provided, however, that all such businesses operating within the city who have no store or place of business within the city but who conduct business by means of vehicles or trucks shall pay the same fee per year as required by each place of business.

(Code 1968, § 35-27; Ord. No. 09-062(sub 1), § 1, 11-19-09)

Editor's note—

Ord. No. 09-062(sub 1), § 1, adopted Nov. 19, 2009, set out provisions intended for use as § 5-76. At the city's instruction dated March 30, 2010 note that this ordinance adds a new § 5-76; the current §§ 5-76 and 5-77 should be redesignated as §§ 5-77A and 5-77B.

Sec. 5-77B. - Separate licenses for each classification.

A business is required to obtain a separate license for each classification and category of business activity in which it is engaged within the city. If a business engages in more than one category of business within a given classification, the business may obtain all required licenses within that classification without charge by paying a fee equal to the greatest single license fee which the business is required to obtain within the classification.

(Code 1968, § 35-27; Ord. No. 91-094, § 1, 1-2-92; Ord. No. 09-062(sub 1), § 1, 11-19-09)

Editor's note—

Ord. No. 09-062(sub 1), § 1, adopted Nov. 19, 2009, set out provisions intended for use as § 5-76. At the city's instruction dated March 30, 2010 note that this ordinance adds a new § 5-76; the current §§ 5-76 and 5-77 should be redesignated as §§ 5-77A and 5-77B.

Sec. 5-78. - Retailers generally.

(a)

All persons working at or engaged in a business relating to retailing shall pay per year the license fee as required by section 5-101.

(b)

As used in this section, the classification retailer shall mean, apply to and include the selling within the city of any goods, wares, merchandise and personal property of every kind and nature to the ultimate consumer, or the taking of an order therein for delivery therein of any goods, wares, merchandise and personal property of every kind and nature. A retailer licensed under the provisions of this section may service and repair any goods, wares and merchandise sold by him without being required to obtain a license under section 5-101.

(c)

All businesses coming under this section shall be licensed as one of the following categories:

Coin-operated merchandise.

Precious metals.

Restaurants.

Retailers—Edible.

Retailers—Firearms.

Retailers—Nonedible.

Taverns, package stores.

(d)

No holder of a license for a package store and no holder of a license for off-premises consumption, as a "taproom" under applicable state statute and regulations, which package store or taproom establishment operates for the sale of spirits, wines or beer shall sell or deliver the same, including any sale or delivery for off-premises consumption, (1) between the hours of 10:00 p.m. except 11:00 p.m. (i) on Fridays and Saturdays, (ii) on the day before Thanksgiving Day and (iii) on Christmas Eve, unless it is a Sunday, and 9:00 a.m. of the next day, nor (2) on any holiday as defined as any Sunday, Thanksgiving Day and Christmas Day, or in any area of the city where an election is held during the hours of the day upon which the polling at such election takes place.

(e)

Fast food establishments, convenience stores, mini-markets defined. Fast food establishments, convenience stores and mini-markets shall consist of those businesses which are classified under this section as "retailers-edible" and whose business is primarily composed of off-premises consumption of goods, take-out service or delivery service. The following businesses are specifically excluded from the requirements of this section:

(1)

Restaurants, as licensed by subsections 5-93(b) and (c) of this chapter. For the purpose of this exclusion, restaurants shall be defined as retail establishments with 15 or more tables and chairs on the premises with table service and accessible public bathrooms where patrons eat in or take out. An establishment failing to comply with any one of the above referenced criteria shall have the designation of retail-edible.

(2)

Grocery supermarket retailers, as licensed and defined by 30 Del. C. § 2908.

(f)

No holder of a license for a convenience store or fast food establishment geographically located within the boundaries designated by any active urban renewal plans, the strategically targeted area redevelopment ("STAR"), or the residential improvement and stabilization effort ("RISE") or the market value analysis area (collectively "the target area"), that constitutes the business of retailer-edible or retailer-non-edible commodities, or both, and any holder of a license for a gas station/auto repair facility in the target area, whether operated in connection with retailing of edible or non-edible commodities, or both, shall sell or deliver any goods, wares, merchandise and personal property of any kind and nature to the ultimate consumer or take an order therein for delivery therein of any goods, wares, merchandise and personal property of every kind and nature including any edible or non-edible commodities, including any sale or delivery for off-premises consumption, between the hours of 12:01 a.m. of any day of the week and 4:00 a.m. of that same day. If any provision of the zoning code is more stringent as to hours of operation of businesses that are subject to this section, then the zoning code provision shall be given effect. The maps defining the target area shall be made a part of the zoning code and shall be on file with the clerk of city council and the planning department.

(g)

For purposes of this section and subsection (f) above, establishments which are classified as retailer-edible and/or retailer-non-edible and sell gasoline products, may utilize only electronic payment methods at the service gas pumps from 12:01 a.m. to 4:00 a.m. for the purchase of gasoline, and shall not be open for any other purpose.

(h)

(1)

Holders of a business license for fast food establishments, convenience stores, and mini-markets as defined in subsection (e) above shall be required to post a placard at their business establishment with the hours of operation for their establishment as permitted by law. Said placard shall be provided by the department of licenses and inspections. The placard shall be posted on the entrance door or in a window of the business establishment in close proximity to the entrance door, and shall be clearly visible from the exterior of the business establishment.

(2)

Violations and penalties. Upon conviction of any person for any violation of the provisions of this section, the judicial sentencing official may prescribe the penalty of a fine of not less than $250.00 nor more than $1,000.00 for the first offense, not less than $500.00 nor more than $2,500.00 for the second offense, and not less than $1,000.00 nor more than $5,000.00 for the third and subsequent offenses.

(Code 1968, § 35-28; Ord. No. 97-045, § 1, 7-10-97; Ord. No. 97-072, § 1, 10-2-97; Ord. No. 97-102, § 1, 12-18-97; Ord. No. 05-050(sub 4), § 3, 7-13-06; Ord. No. 08-013(sub 1), § 1, 4-17-08; Ord. No. 08-030(sub 3), § 1, 6-19-08)

Sec. 5-79. - Retailers of firearms.

No person shall receive a license as a retailer of firearms unless he complies with the provisions of all applicable ordinances and laws.

(Code 1968, § 35-28.1)

State law reference— Dealers in deadly weapons, 24 Del. C. § 901 et seq.

Sec. 5-80. - Secondhand dealers of precious metals.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Precious metals means valuable metals, including but not limited to gold, silver and platinum, unwrought or wrought in any form, including but not limited to jewelry, cutlery, coins, watches and ingots.

(2)

Secondhand dealer of precious metals means any person, other than a licensed pawnbroker, who purchases, trades, handles or deals with the public in secondhand precious metals or secondhand articles composed of or manufactured in whole or in part from precious metals.

(b)

License required. It shall be unlawful to engage in the business of secondhand dealer of precious metals without first obtaining a license therefor, and paying the license fee provided in section 5-101. A separate license shall be required for each location, place or premises used for the conduct of such business.

(c)

Canvassing and solicitation prohibited. No secondhand dealer of precious metals shall solicit business upon any street or public highway of the city, nor shall any person conduct a house-to-house canvass for the purchase or sale of secondhand precious metals.

(d)

Record of purchases, sales and exchanges. Every secondhand dealer of precious metals shall keep a looseleaf record, its pages numbered in sequence, which shall contain the following information and be available to any law enforcement agent upon request. Each transaction shall be recorded at the time it is made, in English, with a separate entry for each item in each transaction, except that items in a matching set shall be recorded as a set if acquired in a single transaction. The reports shall include:

(1)

The place, date and time of each transaction.

(2)

The name, driver's license number or serial number from any other verifiable identification card, including passports, military identification card, age of majority card; physical description including sex, race, height, weight and distinguishing features; and the date of birth of each person from whom precious metals are acquired; if the transaction is by an agent, the name and address of the principal.

(3)

A description of the precious metal that is the subject of the transaction including:

a.

Approximate metallic composition;

b.

Any jewels, stones or glass components;

c.

The listing of all numbers, marks, monograms, words, initials, trademarks and manufacturer's marks;

d.

Any other marks of identification appearing on the item, including owner-applied identification marks;

e.

Whether the item appears to have been altered since its manufacture, such as by melting, covering or defacing a serial number or identifying feature or recutting a gem; and

f.

The actual amount paid or other consideration in the transaction.

The dealer shall tag each item with a number that shall be the same as the transaction number recorded at the top of the transaction report. The reports required by this section shall be retained by the dealer in permanent form for three years after the date of the transaction.

(e)

Reports to police. The dealer shall file a copy of the reports with the police department by mailing them by first-class mail at the end of the business day during which the transactions are made, or by delivering them to the chief of police by 12:00 noon on the next business day after the transactions are made. The reports shall include the dealer's license number, name and address, and the place of storage of the items.

(f)

Inspection. The book required in subsection (d) of this section, and all goods, articles, or things purchased, received or kept for sale or exchange by every secondhand dealer of precious metals, shall at all reasonable times be open to inspections by the police department at the licensed premises.

(g)

Article retention. For a period of 15 days after the record entry, per subsection (d) above, every secondhand dealer of precious metals must keep intact, in a location within the state that shall be disclosed to the chief of police, and subject to inspection by any police officer, all articles, wares, and merchandise purchased or otherwise received from any person prior to selling, shipping, disassembling, melting or otherwise disposing of or altering the same.

(h)

Purchase from minors prohibited. No secondhand dealer of precious metals shall purchase any secondhand article whatsoever from any minor.

(i)

Restrictions. No person licensed as a secondhand dealer under this section shall during the period of his license receive or hold a license to carry on the business of a pawnbroker or keeper of a junkshop at the same premises.

(j)

Penalties. Any violation of this section shall be punished by a fine not in excess of $1,000.00 or by a period of imprisonment no longer than six months, or both, provided that any violation of this section by a corporation shall be punished by a fine not in excess of $5,000.00.

(Code 1968, § 35-28.2)

Related laws reference—Licensing of pawnbrokers and junkdealers, § 6-4.

State law reference— Sale of secondhand watches, 6 Del. C. § 3701 et seq.; junkyards, 17 Del. C. § 1201 et seq.; pawnbrokers and junkdealers, 24 Del. C. § 2301 et seq.

Sec. 5-81. - Wholesaling/manufacturing/related services.

(a)

All persons working at or engaged in businesses relating to wholesaling, manufacturing or related services shall pay per year the license fee as required by section 5-101.

(b)

As used in this section, the classification wholesaling/manufacturing/related services includes all sales made other than by a retailer, and shall include all manufacturers, producers or fabricators of any goods, wares, commodities, merchandise and personal property of any nature, kind or description. Operators of dairies and bakeries shall be regarded as manufacturers or producers and taxed as such under the provisions of this section. Such manufacturers shall pay, per year, the license fee as required by section 5-101 provided one license shall be required by any manufacturing firm for all executive, administrative or sales offices. No license shall be required of any manufacturing firm for the sale of the products of such licensee. It is the intent and purpose of this article that the license fee provided in section 5-101 shall be due and payable if there is any act or activity carried on by such licensee within the city by, or on the part of, or for the benefit of any manufacturing firm in furtherance of the business of any person so engaged, including the maintenance of executive, administrative or sales offices. Related services includes, but is not limited to, one of the following categories: cold storage and refrigeration, junk/scrap processors, sanitation and storage warehouses.

(c)

All businesses coming under this section shall be licensed as one of the following categories:

Importer/distributor.

Manufacturer.

Prefabricated structure manufacturer/supplies.

Wholesaler—Edible.

Wholesaler—Nonedible.

Wholesaler via vehicles.

Miscellaneous wholesaling/manufacturing/related services.

(Code 1968, § 35-29)

Sec. 5-82. - Travel/lodging/automotive.

(a)

All persons working at or engaged in a business relating to travel/lodging/automotive shall pay per year the license fee as required by section 5-101.

(b)

As used in this section, the classification travel/lodging/automotive means, applies to and includes all persons owning or operating retail gas and oil filling stations, tire repair and service stations, automobile storage garages and parking lots and automobile repair establishments of all kinds, including automobile washing establishments and automobile service clubs and associations; provided, however, that this classification does not apply to parking lots operated by persons holding licenses under the terms and provisions of this article who make their parking lots available to employees, customers or other users without charge. It also includes all persons operating a vehicle renting business such as drive-it-yourself cars, trucks and other vehicles, and including the renting of trucks, tractors, automotive vehicles, water-going vehicles, airplanes and any other vehicle. It further includes all persons operating a towing establishment which tow cars from, to or within the city. A towing establishment is any person who, for a fee, tows a motor vehicle. Travel/lodging/automotive also includes all persons operating hotels, motels, new or used automobile sales establishments, travel ticket agencies, buses, taxis or other vehicles for hire.

(c)

All businesses coming under this section shall be licensed as one of the following categories:

Auto garage, parking lots.

Auto service clubs, associations.

Auto washing establishments.

Buses, taxis, vehicles for hire.

Gas stations/auto repair.

Hotel/motels.

New, used auto sales.

Towing establishments.

Travel ticket agency.

Vehicle renting.

Miscellaneous travel/lodging/automotive.

(Code 1968, § 35-30)

Sec. 5-83. - Towing establishments.

(a)

A towing establishment which tows any motor vehicle from, to or within the city shall allow the owner of the motor vehicle the right to inspect the vehicle before the owner signs any release of liability, and shall allow the owner of the motor vehicle to remove the vehicle, once payment in full has been made to the towing establishment, in any safe and legal way necessary, including jump-starting, pushing or towing by the owner.

(b)

Any violation of subsection (a) of this section, as determined after a hearing by the commissioner of licenses and inspection, shall constitute good cause for the revocation of a towing establishment license issued. Any person who violates subsection (a) of this section shall not be granted a towing establishment license for five years from the date of such violation.

(Code 1968, § 35-30.1)

Cross reference— Vehicle towing, impoundment and immobilization, § 37-121 et seq.

Sec. 5-84. - Utilities/public service.

(a)

All persons working at or engaged in a business relating to a utility/public service shall pay per year the license fee as required in section 5-101.

(b)

As used in this section, the classification utilities/public service means, applies to and includes all persons engaged in a business providing gas, electric, light and power service, telegraph service, or the distribution of newspapers, magazines, books and other kinds of periodicals for sale to the public with the exception of newspaper carriers. Utilities/public service includes radio broad-casting and television telecasting stations which, within the city, either:

(1)

Carry on the business of producing or generating electromagnetic waves for the purpose of transmitting broadcasts or telecasting;

(2)

Engage in the business of intrastate broadcasting or telecasting; or

(3)

Engage in the business of soliciting radio or television advertising within the city.

The license fee required by this section shall be considered as applying only to the above-specified intrastate aspects of broadcasting and telecasting, and shall not be construed as requiring a license fee for that portion of the business which may be interstate or foreign commerce, or to business done for the government of the United States. Utilities/public service includes telephone companies which provide local operating service as a regulated public utility or which provides any telephone services other than local dial tone service, including but not limited to long distance calling or interconnect systems, or sell any telecommunications equipment.

(c)

All businesses coming under this section shall be licensed as one of the following categories:

Distributor of newspaper/magazines.

Publishing (less than daily).

Publishing, newspaper/magazine (daily).

Radio/television broadcasting.

Telegraph company.

Telephone company, local operator.

Telephone company, sales and service.

Utilities gas/electric.

Miscellaneous utilities/public service.

(Code 1968, § 35-31)

Sec. 5-85. - Nonprofessional service businesses generally.

(a)

All persons working at or engaged in a business related to a nonprofessional service shall pay per year, the license fee as required by section 5-101.

(b)

All businesses coming under this section shall be licensed as one of the following categories:

Advertising agencies.

Auctioneers.

Awnings, sales and installation.

Bail bondsmen.

Bath/massage/tanning salons.

Beauty parlors, barbershops.

Carpet cleaners.

Carpet installers.

Cleaners, dyers, pressers, laundries.

Commercial sign business.

Computer services.

Courier/delivery service.

Day care centers.

Direct mail advertising service.

Employment agencies/contractors.

Equipment rent/lease.

Furniture movers, furniture deliverers.

Furniture upholsterer and cleaners.

Insurance adjuster.

Interior designers.

Janitorial companies.

Landscaping/tree services.

Locksmiths.

Newspaper/magazine subscriptions.

Pawnbroker.

Pest control, exterminators.

Photographers, film processing.

Printers.

Repair shop/service.

Shutters, sales and installation.

Tailors.

Tax preparation.

Telephone answering service.

Tutors, training academies, trade schools.

Video film companies.

Miscellaneous nonprofessional services.

(Code 1968, § 35-32; Ord. No. 92-088, § 1, 12-17-92; Ord. No. 05-023, § 1, 5-5-05)

Sec. 5-86. - Professional services.

Persons engaged in professional services, including but not limited to accountants, whether certified or public, architects, opticians, optometrists, lawyers, dentists, physicians and surgeons, chiropractic physicians, professional engineers, consultants, court reporters, nursing homes, physiotherapists, podiatrists, surveyors, psychologists, psychiatrists, undertakers, veterinarians and laboratories shall pay, per year, a license fee as required in section 5-101 for engaging in such professional services within the city. No license shall be required of any individual encompassed within this section who is in the employ of any corporation licensed under any other provisions of this article and who does not practice his profession except in his capacity as an employee of such corporation; and no attorney in the employ of any such corporation shall be required to obtain a license under this section so as to fulfill assignments made to him by any state court.

(Code 1968, § 35-33)

Sec. 5-87. - Reserved.

Editor's note—

Ord. No. 04-053(sub 1), § 1, adopted July 8, 2004, repealed § 5-87 in its entirety. Former § 5-87 pertained to financial/real estate service, and derived from the Code of 1968, § 35-34.

Sec. 5-88. - Office/commercial buildings.

The office/commercial buildings category includes persons owning or managing office/commercial buildings who are engaged in the business of leasing office or commercial space in either a single building of which more than 2,500 square feet is available for leasing or multiple buildings of which the combined square footage for lease is 2,500 square feet or more.

(Code 1968, § 35-34.1; Ord. No. 00-010, § 1, 2-3-00)

Sec. 5-89. - Real estate agent/brokers/appraisers.

The real estate agent, brokers, appraisers category includes any person engaged in the appraisal or sale of real estate, either as an independent agent or in association with a real estate agency. Each individual in this category shall be required to obtain and pay for a city business license; provided, however, (i) that if any such real estate agent, broker or appraiser is the sole shareholder of any S corporation or the sole member of any limited liability company that is formed or qualified to do business in Delaware under the laws of the State of Delaware, and (ii) such business entity is in good standing with the Division of Corporations of the State of Delaware and is utilized by the real estate agent, broker or appraiser exclusively for the purposes contemplated by this section, then in that event the S corporation or limited liability company otherwise required to obtain and pay for a business license under this article shall, for purposes of this section, be deemed to be within a category that is included within the financial/real estate service classification as set forth in section 5-101 of this article. As such, consistent with the intent of section 5-77 of this article, the said agent, broker or appraiser may obtain the required City of Wilmington business license for the said S corporation or the limited liability company at no additional charge after having first obtained and paid for a business license relating to his or her individual activities as a real estate agent, broker or appraiser. Nothing in this section shall be deemed to waive the requirement of a real estate agent, broker or appraiser to obtain and keep in force a valid City of Wilmington business license or the requirement of any such S corporation or limited liability company as described herein to obtain and keep in force a valid and current City of Wilmington business license.

(Code 1968, § 35-34.2; Ord. No. 09-065, § 1, 11-19-09)

Sec. 5-90. - Real estate agencies.

In addition to the license fee provided for each real estate agency in section 5-101, each licensee in this category shall also be required at the time the license is due to provide a notarized affidavit listing the name, address and social security number of each and every agent, broker and appraiser associated with the agency who is a city resident or conducts any business within the city.

(Code 1968, § 35-34.3)

Sec. 5-91. - Rooming houses.

Persons operating rooming houses shall pay, per year, the license fee as required by section 5-101. For the purposes of this classification, rooming house means any dwelling or part thereof containing four or more rooming units designed to be used for sleeping accommodations and to be let, for compensation, by the owner or operator thereof to four or more persons who are not husband or wife, son or daughter, mother or father, sister or brother, father-in-law or mother-in-law of the operator or owner.

(Code 1968, § 35-34.4)

Cross reference— Hotel and rooming house housing standards, § 34-301 et seq.

Sec. 5-92. - Rental dwelling units.

(a)

The license fee specified by section 5-101 shall be paid per year by the owner, operator or lessor of any dwelling unit at the same time and as a condition of such license. Notwithstanding any exemptions from payment provided by section 5-31(1) of this chapter, any non-profit entity that owns, operates or leases a rental dwelling unit shall pay the fees set forth in this section as a condition of such license. For the purpose of this section, a rental dwelling unit means any room or group of rooms located within one or more buildings and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating, and which is let or rented to another for the purpose of living therein. In determining the number of dwelling units under this provision, a dwelling unit occupied by the licensee shall not be included.

(b)

The owner, operator or lessor of any dwelling unit shall submit an application for a rental license to the department of finance, which shall contain:

(1)

The name and address of the operator and the name and address of the owner if the operator is not the owner, and such address shall not be a post office box;

(2)

The location of the dwelling or dwelling units including the street and number of each entrance;

(3)

The number of dwelling units available for rent;

(4)

If the owner or operator is a corporation, the name and address of such corporation and the name and address of its president, secretary, any other officer of the corporation, and registered agent shall be given;

(5)

If the owner or operator does not actually reside within the county or is not customarily present at an office in the city for the purpose of transacting business, then such owner or operator shall designate a resident managing agent to be in control of the dwelling or dwelling units who:

a.

Will be responsible for the maintenance and operation of the dwelling or dwelling units in accordance with the provisions of this chapter; and

b.

Will be authorized to receive notices and process on behalf of the owner or operator in connection with the enforcement of the code.

If the owner or operator is a corporation, or in the event that a corporate managing agent is designated by an owner or operator, the corporation shall designate an officer or agent as the managing agent;

(6)

A waiver by the owner or operator of all notice of violations except the sending of a copy of such notice by certified mail with return receipt requested to his address as indicated on the application, or if the owner or operator is a corporation, to the address of the managing agent as indicated on the application;

(7)

Any additional information that the commissioner of licenses and inspections may require;

(8)

A certification, under penalty of perjury, that all statements therein contained are to the best of his knowledge and belief, true and correct.

(c)

Every applicant for a rental business license shall, at the time of application, register on his application all rental dwelling unit(s) owned, controlled, operated or managed by applicant. By registering a dwelling unit on the business license application, an applicant, owner or operator is certifying that said unit(s) may be properly let or rented to another under all applicable laws. Failure to register all dwelling unit(s) on the business license application, or registering a dwelling unit which may not be properly let or rented to another, shall constitute grounds for denial of a business license or revocation of a rental business license such that the licensee may no longer conduct such business in the City of Wilmington.

(d)

Every owner or operator of a rental dwelling unit applying for a business license under this chapter shall at the time of application present with his application for a business license:

(1)

A certificate of occupancy issued by the department of licenses and inspections pursuant to the zoning ordinance of the city; and

(2)

A certificate of zoning issued by the department of licenses and inspections pursuant to the zoning ordinance of the city.

(e)

The owner or operator shall notify the department of finance of any change in the information given on the application form within 30 days of the occurrence of such change.

(f)

Failure to comply with the provisions of this section shall be grounds for revocation of the licensee's license and such failure shall be prosecuted as a violation of this article.

(Code 1968, § 35-34.5; Ord. No. 96-019, § 1, 4-12-96; Ord. No. 03-074, § 2, 11-20-03; Ord. No. 04-087, § 1, 11-11-04; Ord. No. 08-004(sub 1), § 1, 2-21-08)

Sec. 5-93. - Entertainment/recreation.

(a)

All persons working at or engaged in a business relating to entertainment/recreation shall pay per year the license fee as required by section 5-101.

(b)

As used in this section, the entertainment/recreation classification means, applies to and includes any activity that provides amusement or the means for amusement or diversion to the public and includes places where food is prepared and sold for consumption on the premises.

(c)

All businesses coming under this section shall be licensed as one of the following categories:

Billiard/bowling alley.

Circuses/carnivals.

Coin-operated amusement game machines:

Owning and distributing.

Operating one to four machines.

Coin-operated amusement game arcade, operating more than four machines.

Dance halls/studios.

Disc jockeys.

Health spa/club.

Promoters of sporting events.

Restaurants.

Theatres.

Theatrical booking agency.

Ticket agent.

Miscellaneous entertainment/recreation.

(Code 1968, § 35-35)

Related laws reference—Licensing and regulation of poolrooms, bowling alleys, etc., § 6-5 et seq.

Sec. 5-94. - Amusement game machines and arcades.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)

Amusement game machine means a coin-operated machine or device, whether mechanical, electric, or electronic, which is made ready to play by the insertion of a coin and may be operated by the public for use as a game, entertainment, or amusement, the object of which is to achieve either a high or low score, which, by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence, or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines, video games, or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games or activities. Mechanical music devices, state lottery dispensing machines, and vending machines which do not incorporate gaming or amusement features are excluded from this definition.

(2)

Arcade means any building or part of a building in which there are five or more amusement game machines for use by the general public, either as a principal use or as a use secondary to another use in the same building.

(b)

License fee. The owner, operator, or proprietor of any business in which one or more amusement game machine is located shall pay an annual license fee of $25.00 for each machine. In addition to the license fee for each amusement game machine, the owner, operator, or proprietor of an arcade shall pay an annual arcade license fee of $150.00. The owner, operator or proprietor of any business premises in which an amusement game machine is located and the owner, operator, or proprietor of any arcade shall register the name and business address of the owner of each such machine, its manufacturer's registration number, and such other information as may be deemed necessary by the commissioner of licenses and inspections, with the department of licenses and inspections.

(Code 1968, § 35-35.2)

Sec. 5-95. - Coin-operated amusement/gaming machines.

The operator's license covers owning and placing for operation and distributing to location operators an unlimited number of machines. The license fee shall be $600.00 per year. Any person required to hold a license under this section for amusement game machines shall file with the department of licenses and inspection, on forms deemed appropriate by the commissioner, the name and business address of the owner of each such machine, the name and location of each location operator to whom any such machine has been distributed, together with the manufacturer's registration number of each such machine and any further information deemed necessary by the commissioner of licenses and inspections.

(Code 1968, § 35-35.1)

Sec. 5-96. - Construction.

(a)

All persons working at or engaged in a business relating to construction shall pay, per year, the license fee as required by section 5-101.

(b)

As used in this section, the construction classification means, applies to and includes activity to construct repair, alter, add to, subtract from, improve, move, wreck or demolish any building or other structure, including swimming pools and landscape work, to excavate, to commence any project, development or improvement or do any part thereof, including the erection of scaffolding, or any other structures or works in connection therewith or the incorporation of labor or material therein or thereon and including the furnishing of prefabricated structural components.

(c)

All businesses coming under this section shall be licensed as contractors/subcontractors or construction managers. In addition, all contractors/subcontractors engaged in the following activities shall be required to show proof of certification in accordance with chapter 4 prior to the issuance of a license:

Air conditioning contractor.

Boiler installation contractor.

Cement/concrete/stone contractor.

Electrician/electrical contractor.

Heating contractor.

Mechanical contractor.

Plumbing contractor.

Satellite television installer.

Sign/billboard erectors.

(d)

All persons working at or engaged in the business or work of asbestos abatement, as defined in and regulated by the provisions of 16 Del. C. ch. 78 (§ 7801 et seq.) and 29 Del. C. § 6903(j), shall pay, per year, the license fee as required by section 5-101.

(e)

Any such contractor shall obtain certification pursuant to and in accordance with the provisions of 16 Del. C. ch. 78 (§ 7801 et seq.) prior to and as a condition for issuance of a license under this section. Any contractor licensed under this section shall also provide to the commissioner of licenses and inspection or his designee at the time of application for any permit required by the provisions of chapter 4 of this Code, proof of certification of the asbestos workers employed by such contractor. The suspension, revocation or refusal to renew the certification of any such contractor pursuant to the provisions of 16 Del. C. ch. 78 (§ 7801 et seq.) shall be grounds for the immediate, corresponding suspension, revocation, or refusal to renew any license issued under this section. A conviction of violation of the conditions of any license issued pursuant to this section shall, upon conviction thereof, be punishable by a fine of not less than $500.00 and not more than $2,500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Code 1968, § 35-36)

Cross reference— Buildings and building regulations, ch. 4.

Sec. 5-97. - Satellite television antenna, dish antenna installers—License.

(a)

License required. Every person engaged in the business of installing, repairing, or removing satellite television antennas and dish antennae and supporting structures in this city shall be licensed to conduct such operations in accordance with the requirements of this article and other applicable provisions of this Code.

(b)

Bond and insurance requirements. Prior to issuance of a license by the department of licenses and inspections, the person desiring such license under this section shall file with the commissioner of licenses and inspections a performance bond in a sum not less than $5,000.00, executed by the applicant and an insurance company, bank or other entity to be approved by the city solicitor and conditioned for the faithful observance of the provisions of this article and of all laws and ordinances relating to satellite television antennas, or dish antenna, as applicable. Each applicant for a license under this section shall further show proof of insurance against liability due to damage to property in a sum not less than $1,000.00 as to any one accident, and against liability due to injury to or death of persons in a sum not less than $300,000.00 as to any one accident, and shall indemnify and save harmless the city from any and all damages, judgments, costs or expenses which the city may incur or suffer by reason of the granting of such license.

(c)

Issuance. Satellite television antenna installer's licenses and dish antenna installer's licenses shall only be issued to those persons who show sufficient knowledge and experience, as evidenced by membership in, or certification by, the satellite television industry association, Inc. ("SPACE") or other comparable organization in the industry, so as to satisfy the commissioner of licenses and inspections as to their ability to install, repair, and remove satellite television antennas or dish antennae and supporting structures, as the case may be, in a safe and workmanlike manner in accordance with the provisions of this Code.

(d)

Change of address of licensee. Holders of satellite television antenna installer's licenses and holders of dish antenna installer's licenses shall notify the commissioner of licenses and inspections of any change in the management or address of the licensed person.

(e)

Revocation. In case the holder of a satellite television antenna installer's license or of a dish antenna installer's license shall fail to comply with any notice relative to the improper installation, repair, or removal of any such antenna, the enforcement officer shall notify the senior officer in charge of such installation to appear before him at a stated time and show cause why the firm's license shall not be revoked. The notice to appear shall be in writing and shall be delivered to the address shown upon the department's records. After such hearing, the commissioner of licenses and inspections shall see that such license is revoked if the commissioner is not satisfied that the defects complained of will be properly remedied. Also, the commissioner may revoke such license if the senior officer of the installer, or his authorized agent, does not appear for such hearing, or if he cannot be found after diligent search at the address shown upon the department's records. In addition:

(1)

The license of any satellite television antenna installer or of any dish antenna installer who does not comply with the requirements of this section shall be revoked subject to and in accordance with the provisions of the city charter.

(2)

If, at any time, the performance bond or insurance coverage of any satellite television antenna installer or of any dish antenna installer is permitted to lapse, his license shall be automatically revoked.

(Code 1968, § 35-36.1)

Sec. 5-98. - Same—Installation permits.

(a)

Permit required. It shall be unlawful for any person to install, erect, repair, alter, or remove, within the city any satellite television antenna or any dish antenna without first obtaining all required permits from the department of licenses and inspections and making payment of the fees required under the building code.

(b)

Application, etc. Applications for installation permits shall be made upon forms provided by the department of licenses and inspections and shall contain or have attached thereto the following information:

(1)

The name, address, and telephone number of the owner of the property upon which the satellite television antenna or the dish antenna is to be installed and anchored.

(2)

The location of the building, structure, or lot to which or upon which the satellite television antenna or the dish antenna is to be installed and anchored or supported.

(3)

The position of the satellite television antenna or of the dish antenna in relation to nearby buildings or structures.

(4)

Two blueprints or ink drawings of the plans and specifications and method of installation and anchorage to the building or in the ground.

(5)

The name of the person installing the satellite television antenna or the dish antenna.

(6)

Written consent of the owner of the building, structure, or land to which or upon which the satellite television antenna or the dish antenna is to be installed and anchored or supported.

(7)

Any electrical permit required and issued for such antenna installation.

(8)

Performance bond and evidence of insurance as required by section 5-97

(9)

Such other information as the commissioner of licenses and inspections shall require to demonstrate full compliance with this article and all other laws and ordinances of the city.

Whenever the conditions for the installation of satellite television antennas or for the installation of any dish antenna and supporting structure are such as to require unusual structural provisions, the commissioner of licenses and inspections may require that structural design drawings be prepared and bear the seal of a registered architect or registered professional engineer competent to design such structure.

(c)

Issuance; completion date. It shall be the duty of the enforcement officer, upon the filing of an application for an installation permit, to examine such plans and specifications and other data and the premises upon which it is proposed to install the satellite television antenna, or the dish antenna and supporting structure. If it shall appear that the proposed installation is in compliance with all the requirements of this article and all other laws, ordinances, and regulations of the city, the enforcement officer shall issue the installation permit. If the work authorized under an installation permit has not been completed within six months after date of issuance, such permits shall become null and void.

(d)

Issuance of permit restricted. Permits for the installation of satellite television antennas and permits for the installation of dish antennae shall only be issued to persons licensed and qualified to carry on such work under the provisions of this article.

(e)

Rights conferred by permit. All rights and privileges acquired under the provisions of this section are mere licenses revocable at any time by the city, and all permits issued under this section shall contain this provision.

(f)

Noncompliance; revocation. The commissioner of licenses and inspections is authorized and empowered to revoke any permit issued by him upon failure of the holder thereof to comply with any provision of this section or cause.

(Code 1968, §§ 35-36.2, 35-36.3)

Cross reference— Buildings and building regulations, ch. 4.

Sec. 5-99. - Miscellaneous businesses.

All businesses required to have a license but not categorized in this division shall obtain a license as a miscellaneous business and pay per year the license fee required in section 5-101.

(Code 1968, § 35-37)

Sec. 5-100. - Mobile homes.

The license fee specified by section 5-101 shall be paid per year by the owner, operator, or lessor of mobile homes or mobile home lots in a mobile home park subject to the provisions of the city's building, housing, and zoning codes. Such owner, operator, or lessor shall show evidence of property damage insurance and personal injury, including death, insurance in amounts not less than $100,000.00 as to any one accident and $300,000.00 as to any one accident, respectively, prior to issuance of a license under this article and any renewal thereof and shall indemnify and save harmless the city from any and all damages, judgments, costs, or expenses which the city may incur or suffer by reason of the granting of such license. Any such owner, operator, or lessor shall be responsible for the maintenance of open space areas, private streets, sidewalks, water and sewer facilities, landscaping, and other requirements for the operation of a mobile home park, as specified in the applicable provisions of the city building, housing, and zoning codes as a condition for a license under this article.

(Code 1968, § 35-39.1)

Cross reference— Manufactured housing, § 4-176 et seq.; housing code, ch. 34.

Sec. 5-101. - Schedule of fees.

The following rates shall be annual fees imposed under this article, except as otherwise specifically provided:

Construction:

Air conditioning contractor .....120.00

Asbestos abatement contractor .....120.00

Boiler installation contractor .....120.00

Cement, concrete, stone, masonry contractor .....120.00

Construction manager .....120.00

Contractor, subcontractor .....120.00

Dish antenna installer .....274.00

Electrician, electrical contractor .....120.00

Heating contractor .....120.00

Mechanical contractor .....120.00

Plumbing contractor .....120.00

Satellite television installer .....301.00

Sign, billboard erectors .....120.00

Entertainment/recreation:

Billiard/bowling alley .....181.00

Circuses, carnivals .....181.00

Coin-operated amusement game machines, owning and distributing .....723.00

Coin-operated amusement game machines, operating one to four machines, per machine .....30.00

Coin-operated amusement game arcade, operating five or more machines .....181.00

Plus, per machine .....30.00

Dance halls/studios .....181.00

Disc jockeys .....181.00

Health spa/club .....181.00

Promoters of sporting events .....181.00

Restaurants .....181.00

Theatres .....181.00

Theatrical booking agency .....181.00

Ticket agency .....181.00

Miscellaneous entertainment/recreation .....181.00

Financial/real estate service:

Banks, trust company .....723.00

Building and loan association .....361.00

Collection agency .....181.00

Condominium, conversion of apartments to condominium, per unit .....60.00

Credit rating, reporting bureaus .....181.00

Finance company .....181.00

Holding company .....120.00

Investment brokerage firm .....723.00

Mobile home park operator .....602.00

Office/commercial buildings .....361.00

Real estate agency .....241.00

Real estate agent/broker/appraiser .....120.00

Rooming house .....120.00

One or two dwelling units .....50.00

Three or more dwelling units (plus an additional $10.00 for each unit) .....120.00

Miscellaneous financial/real estate service .....181.00

Market Street Mall activities:

(1)

Outdoor cafe, for six months, per square foot charge

4th to 6th Street .....1.20

6th to 8th Street .....1.51

8th to 10th Street .....1.81

(2)

Special event or commercial/promotional display of merchandise and distribution of information without selling of goods per location, maximum of three days per month .....120.00

(3)

Special event or commercial/promotional display or distribution including selling of goods by nonprofit organization, per location, maximum of three days per month .....No fee

(4)

Sidewalk sale sponsored by Downtown Merchants' Association .....No fee

(5)

Individual merchant sidewalk sale in location adjacent to his store on the Market Street Mall, for three days per month .....30.00

Each day more than three days per month .....10.00

(6)

Mobile vendors of edible or nonedible goods using pushcarts, annually per authorized location only from Second to Seventh Streets: the annual fees shall be established by the department of licenses and inspections effective January 1 of each year.

Nonprofessional service:

Advertising agencies .....120.00

Auctioneers .....120.00

Awning, sales and installation .....120.00

Bath/massage/tanning salons .....120.00

Beauty parlors, barbershop .....120.00

Carpet cleaners .....120.00

Carpet installers .....120.00

Cleaners, dyers, pressers, laundries .....120.00

Commercial sign business .....120.00

Computer services .....120.00

Courier/delivery services .....120.00

Day care centers .....120.00

Direct mail advertising service .....120.00

Employment agencies/contractors .....120.00

Equipment rent/lease .....120.00

Furniture movers, furniture deliverers .....120.00

Furniture upholsterer and cleaners .....120.00

Insurance adjuster .....120.00

Interior designers .....120.00

Janitorial companies .....120.00

Locksmiths .....120.00

Newspaper/magazine subscriptions .....120.00

Pawnbroker .....120.00

Pest control, exterminators .....120.00

Photographers, film processing .....120.00

Printers .....120.00

Reducing salons .....120.00

Repair shop/service .....120.00

Shutters, sales and installation .....120.00

Tailors .....120.00

Tax preparation .....120.00

Telephone answering service .....120.00

Tutors, training academies, trade schools .....120.00

Vendor under contract with the city at limited event, once per year only .....Waived

Video film companies .....120.00

Miscellaneous nonprofessional services .....120.00

Professional service:

Accountants .....181.00

Architects .....181.00

Chiropractic physicians .....181.00

Consultants .....181.00

Court reporters .....181.00

Dentists .....181.00

Laboratories .....181.00

Lawyers .....181.00

Management of emergency shelter for the homeless .....164.00

Except if by nonprofit organization .....No Fee

Nursing homes .....181.00

Opticians .....181.00

Optometrists .....181.00

Physicians, surgeons .....181.00

Physiotherapists .....181.00

Podiatrists .....181.00

Professional engineers .....181.00

Psychiatrists .....181.00

Psychologists .....181.00

Surveyors .....181.00

Undertakers .....181.00

Veterinarians .....181.00

Miscellaneous professional service .....181.00

Retailers:

Coin-operated merchandise .....$ 151.00

Precious metals .....151.00

Retailers—Edible .....151.00

Retailers—Firearms .....151.00

Retailers—Nonedible .....151.00

Taverns, package stores .....151.00

Travel/lodging/automotive:

Auto garage, parking lot .....181.00

Auto service clubs, associations .....181.00

Auto washing establishments .....181.00

Buses, taxis, vehicles for hire, per vehicle .....60.00

Gas station, auto repair .....181.00

Hotels, motels .....1,807.00

New, used auto sales .....181.00

Towing establishments .....181.00

Travel ticket agency .....181.00

Vehicle renting .....181.00

Miscellaneous travel/lodging/automobile .....181.00

Utilities/public service:

Distributor newspapers/magazines .....542.00

Publishing (less than daily) .....181.00

Publishing, newspaper/magazine (daily) .....903.00

Radio/television broadcasting .....602.00

Telegraph company .....602.00

Telephone company, local operator .....1,807.00

Telephone company sales and service .....422.00

Utilities gas/electric .....3,011.00

Miscellaneous utilities/public service .....602.00

Wholesaler/manufacturer/related services:

Cold storage and refrigeration .....181.00

Importer, distributor .....181.00

Junk/scrap processors .....181.00

Manufacturer .....181.00

Prefabricated structure manufacturer/supplier .....181.00

Sanitation .....181.00

Storage warehouses .....181.00

Wholesaler—Edible .....181.00

Wholesaler—Nonedible .....181.00

Wholesaler via vehicles .....181.00

Miscellaneous wholesaler/manufacturer/related services .....181.00

Miscellaneous:

Branch license .....30.00

Duplicate license .....30.00

Miscellaneous .....181.00

(Code 1968, § 35-53; Ord. No. 92-053(sub 1), § 22(b), 7-2-92; Ord. No. 93-014(sub 1), § 1, 5-27-93; Ord. No. 93-039, § 1, 7-1-93; Ord. No. 93-042, § 1, 7-8-93; Ord. No. 94-071(sub 1), § 2, 12-1-94; Ord. No. 03-074, § 3, 11-20-03)

Sec. 5-102. - Additional fee based on number of employees.

(a)

In addition to the license fees set forth in the various categories and classifications in this division, every person or business required to obtain a license under the terms of this article shall pay the sum of $15.00 per month for every employee in excess of five employed by the licensee within the city in carrying out the business of the licensee, which payments shall be made at the same time and in the same manner as the earned income tax withholding payment, as required in section 44-109, for each month in which the employee has been employed by the licensee. In the case of part-time employees, the employer shall accrue the man hours worked during the month by all part-time employees and divide by 173 to arrive at the number of such employees per month. If the additional fee based on the number of employees is not paid when due, interest and penalties shall be imposed in accordance with the provisions of section 44-115

(b)

No employer subject to the head tax provisions of this section whose business is located in a property in the Northeast Boulevard Corridor, or whose business is located within the Todds Lane area, as described in section 44-59(c)(3), shall be liable to pay such tax for a period of five years on any new employee filling a position first created between July 1, 1986 and June 30, 1991. This exemption shall continue for a period of five years only, after such new position has been filled. New businesses taking out a business license for the first time between July 1, 1986 and June 30, 1991, shall be exempt from any and all employee head taxes for a period of five years after such businesses have taken out such license. In addition:

(1)

All employers wishing to take advantage of the exemption under this subsection must submit a notarized affidavit to the license division of the department of licenses and inspections. This affidavit must include: Employees paid for last year, by month; employees now employed by month; and number of exemptions claimed. Additionally, each such employer shall attach as part of his affidavit a certified or notarized copy of the newspaper advertisement, posted job description or classification, or the like, together with the date or dates of publication or posting thereof.

(2)

The following job classifications or positions shall be expressly excluded from exemption under the provisions of this section. Positions resulting from a change in job title or job function which does not result in the creation of a new and identifiable position; positions which do not result in either an increase in the number of positions with a particular job classification existing prior to June 1, 1986, or a wholly new job classification which did not theretofore exist; positions created by the formation of a new corporation, subsidiary, partnership or any other business entity, or the utilization of any such entity previously created, where such positions are filled by the absorption, transfer and/or accretion of an employee of an employer creating, having an interest in/or participating in such entity; and positions or classifications which are either cyclical or seasonal in nature.

(3)

Any person who makes a false representation or statement for the purpose or with the intent of obtaining an exemption under this section, knowing the same to be false, shall be guilty of a misdemeanor, and shall be subject, upon conviction, to a fine not to exceed $1,000.00.

(c)

Professional associations and partnerships are required to pay the employees' fee for each employee in excess of five employed by the association or partnership who is not a member of the association or partnership and who is paid by the association and for whom the association or partnership deducts social security, federal, state and local taxes.

(d)

No employer subject to the head tax provisions of this section shall be liable to pay such tax for a period of up to ten years to June 30, 1994, on any new employee filling a new or vacant position on or after July 1, 1984, provided that any such new employee is selected from the hard-core unemployed who have been so designated following their registration with and verification by the department of personnel or the youth development corporation of the city. The term "hard-core unemployed" shall mean any resident of the city who is a client of the employment and training division or the youth development corporation and who is eligible for referral from them. Any exemption granted under the provisions of this subsection shall be effective only so long as the employee for which the exemption has been granted is employed by the employer and shall cease upon the date of termination of such employment for whatever reason, although an exemption under this section shall commence with the date of hiring of any employee eligible for such hiring, but shall in any event terminate not later than June 30, 1984. The balance of the provisions of this section regarding job classification or positions excluded from exemption, the making of a false representation and professional associations and partnerships shall apply to the provisions of this subsection as well. The department of finance and the personnel department shall promulgate rules and regulations regarding eligibility for exemptions under the provisions of this subsection.

(e)

New employment exemption program.

(1)

Authorization. Beginning July 1, 1993, each licensee-employer in the city who creates verifiable new positions of employment in the city and employs new employees in those positions may be eligible for an exemption from the employee fee requirements of this section for every 100 new positions created in increments of 100 such positions. The data base for the exemption program shall be December 31, 1992, using each licensee-employer's employment position numbers as of that date.

(2)

Verification. The finance department is hereby authorized to ascertain verifiable data using wage tax withholding information in order to verify claimed exemptions submitted to it by each employer and to administer the program in accordance with the provisions of this section. Any new business taking out a business license for the first time between July 1, 1993 and June 30, 2001, shall be exempt from any and all employee head taxes in increments of 100 positions each for a period of five years after such business has taken out such license and has employed at least 100 persons. In addition:

a.

All employers wishing to take advantage of the exemption under this subsection must submit a notarized affidavit to the finance department. This affidavit must include: employees paid for last year, by month; employees now employed by month; and number of exemptions claimed. Additionally, each such employer shall attach as part of his affidavit a certified or notarized copy of the newspaper advertisement, posted job description or classification, or the like, together with the date or dates of publication or posting thereof.

b.

The following job classifications or positions shall be expressly excluded from exemption under the provisions of this section: Positions resulting from a change in job title or job function which does not result in the creation of a new and identifiable position; positions which do not result in either an increase in the number of positions with a particular job classification existing prior to July 1, 1993, or a wholly new job classification which did not theretofore exist; positions created by the formation of a new corporation, subsidiary, partnership or any other business entity, or the utilization of any such entity previously created, where such positions are filled by the absorption, transfer and/or accretion of an employee of an employer creating, having an interest in/or participating in such entity; and positions or classifications which are either cyclical or seasonal in nature.

c.

Any person who makes a false representation or statement for the purpose or with the intent of obtaining an exemption under this section, knowing the same to be false, shall be guilty of a misdemeanor, and shall be subject, upon conviction, to a fine not to exceed $1,000.00 for each such false representation or statement.

d.

Each employer having positions of employment that are exempt pursuant to this section, shall be required to certify on July 1st of each year the number of positions of employment that are exempt and that a list of those positions and the names of the employees in those positions as of that date is available for inspection by the department of finance.

(3)

Exemption. The exemption period for each position of employment that the finance department determines does qualify for exemption shall be for up to five years. The eligibility period shall be from July 1, 1993 to June 30, 2001. Applications for exemptions shall be filed within three months following creation of the first position of employment that is eligible for exemption. Increased numbers of positions as of July 1 of each year from 1993 through 2001, shall be eligible for exemption from the employee fee in increments of 100 positions representing each such incremental increase of 100 positions in the total number of employment positions above the number of such positions on December 31, 1992. For illustrative purposes only, for an employer with an application for 100 positions to be exempt who creates the first exempt position on June 5, the exemption period will begin in that month of June and continue for 60 months. Eligibility to apply for new exemptions of positions of employment pursuant to this program shall terminate as of June 30, 2001, but the five-year term of exemptions granted prior to July 1, 2001 shall continue until their expiration on or before June 30, 2006, subject to interim verification of continuing qualification for exemption.

(4)

Employment of individuals enrolled in city's Wilmington Employment Corporation or Wilmington's Emissaries Program. Any business in the city, which hires as full time employees individuals who are enrolled in the city's Wilmington Employment Corporation or Wilmington's Emissaries Program shall be eligible for exemption from the additional fee otherwise payable for employees in excess of five in number employed by the business. Such exemptions shall be for each such individual so enrolled in the referenced program, subject to verification by the finance department, and shall be to the extent of 100 percent of the fee otherwise payable for the first year, subsequently reduced by 20 percent each additional year during the first five years of employment of such individuals. The finance department is hereby authorized to promulgate such rules and regulations consistent with the provisions of this section 5-102 for verification, reporting requirements and eligibility, as may be required.

If upon any such annual recalculation of the employee fee abatement, the abatement is denied because there are fewer than 100 eligible positions, then the remainder of the original abatement period shall be deemed to be terminated and any future application filed by the same employer prior to June 30, 2001, shall be deemed to be a new, first-time application.

(f)

No employer subject to the head tax provisions of this section shall be liable to pay such tax for any period before March 11, 2002 with respect to any employee engaged in operations temporarily relocated from the New York metropolitan area on or after September 11, 2001. The department of finance shall promulgate rules and regulations for determining eligibility for this exemption, and for coordinating its continuance with any other exemptions that are or may become applicable to the employer.

(g)

Employers or businesses newly operating and hiring, transferring or relocating new employees in the city. Subject to the limitations of subsection (i), no employer subject to the head tax provisions of this section shall be liable to pay such tax for a period of five years for employees hired for the first time in the city, if such employer:

(1)

Hires, transfers or re-locates at least 25 employees to the city after June 30, 2002, or

(2)

Hires, transfers or re-locates less than 25 employees to the city after June 30, 2002, but also either:

a.

Signs a lease of at least three years in duration for its city location; or

b.

Invests in the purchase and/or renovation of real property located within the city for the purpose of conducting its business thereon.

(h)

Employers or businesses currently operating in the city. No employer subject to the head tax provisions of this section shall be liable to pay such tax for a period of five years for each increment of ten additional employees that are hired by the employer for the first time after June 30, 2002.

(i)

Time limit for eligibility. Eligibility for the tax abatements described in (g) and (h) shall expire on December 31, 2009.

(j)

Procedures. The finance department shall be authorized to promulgate such rules, regulations, procedures, and forms as it deems necessary to implement the head tax abatement for qualified businesses under subsections (g) and (h) of this section, and to administer the program as provided for tax incentive programs generally in the city code.

(k)

Head tax abatement program expiration. Except as provided herein, the tax abatement program set forth in subsections (g) and (h) shall expire on December 31, 2009. No employer or business shall qualify for or otherwise be entitled to any such tax abatement after the expiration date of the program; provided, however, that any employer or business under agreement with the department of finance or the Office of Economic Development of the City of Wilmington on or before December 31, 2009, to participate in the program and otherwise eligible and in good standing shall be entitled to participate in the tax abatement program provided for in subsections (g) and (h) of this section for a period of five years dating from their initial entry date into the program notwithstanding the occurrence of the expiration date.

(l)

Limitations period for refund request or credit. Any employer or business requesting a refund or credit for monies paid or remitted in accordance with the requirements of subsection (a) of this section shall be time-barred and forfeit unless such request is submitted to the city department of finance within six months next succeeding the end of the calendar year for which a refund or credit is sought.

(Code 1968, § 35-53; Ord. No. 92-053(sub 1), § 1(d), 7-2-92; Ord. No. 93-025, § 1, 5-13-93; Ord. No. 93-041(sub 1), § 1, 7-1-93; Ord. No. 95-018, § 1, 5-31-95; Ord. No. 96-044, § 1, 6-26-96; Ord. No. 00-085, § 1, 7-27-00; Ord. No. 01-059, § 1, 5-17-01; Ord. No. 01-100, § 1, 10-9-01; Ord. No. 02-072(sub 1), § 1, 8-22-02; Ord. No. 06-051, § 1, 9-21-06; Ord. No. 09-012, § 1, 5-21-09; Ord. No. 09-064(sub 1), §§ 1—3, 11-19-09)

Sec. 5-102A. - Head tax exemption program.

(a)

Head tax abatement program authorization; effective date. Effective January 1, 2010, there shall be established a program to provide qualifying employers with an exemption from the otherwise applicable employee head tax set forth in section 5-102(a) of this article. The program shall be administered by the city's department of finance.

(b)

Head tax abatement program; expiration date. Eligibility for new entrants into the head tax abatement program established by this section shall expire on December 31, 2014. Subject to the conditions set forth in this section, any otherwise eligible entrant into this head tax abatement program who is approved for participation in the program on or before the expiration date shall be entitled to the head tax abatement otherwise provided for in this section for a period of five years commencing on the date of initial entry into the program notwithstanding the occurrence of the program expiration date.

(c)

Application and acceptance into head tax abatement program. To qualify for the head tax abatement offered under this section of the Code, the employer must meet or exceed the conditions for eligibility set out in this section and submit an application to the department of finance of the City of Wilmington. The application shall be on a form prescribed by the department. Qualification for the head tax abatement provided for under this section shall be prospective only and shall commence in the month next succeeding the date of acceptance and approval of the application by the department. The head tax abatement is subject to forfeiture in the event of a violation of the conditions of qualification set out in subsection (h) of this section.

(d)

Form of application for entry into head tax exemption program; minimum information requirements; certification required. The application:

(1)

Shall all be in the form of a notarized affidavit and the information contained therein shall be certified as true and correct by an officer, director, partner or member of the applicant and submitted under penalty of perjury. The affiant must be a person of knowledge with respect to the information provided in the application and must be authorized by the employer to execute and submit the application; and

(2)

Shall declare (A) the aggregate city-wide full-time equivalent employee complement of the employer on the effective date of the head tax abatement program; (B) the aggregate number of verifiable new employees hired and deployed by the employer to a business location within the City of Wilmington on or after the effective date of the head tax abatement program or transferred by the employer from a business location outside the City of Wilmington to a business location inside the City of Wilmington on or after the effective date of the City of Wilmington head tax abatement program, and as of the date of the application; (C) whether the employer reasonably expects to exceed the aggregate earned income threshold set out in subsection (e)(2) of this section for verifiable new employees deployed in the City of Wilmington in the year that the application is submitted by the employer; and (D) such other information as the department of finance in its sole discretion may require.

(e)

Head tax abatement program eligibility; employment test; new employees; transferred employees; earned income test; etc. Subject to the conditions set forth in this section, no head tax shall be due from any employer for any verifiable new employee that either was hired by that employer and deployed to a business location within the City of Wilmington on or after the effective date of this head tax abatement program or transferred by that employer from a business location outside the City of Wilmington to a business location inside the City of Wilmington on or after the effective date of this head tax abatement program provided that:

(1)

The sum of verifiable new employees of that employer per month, whether newly hired or transferred as provided in this subsection, or any combination thereof, equals or exceeds an increase of 50 full-time equivalent employees when measured against the full-time equivalent employee complement of the employer deployed to a business location situated within the jurisdictional limits of the City of Wilmington on the effective date of this head tax abatement program. If an employer that had not previously been resident within the jurisdictional limits of the City of Wilmington on the effective date of this head tax abatement program commences operations within the City of Wilmington subsequent to the effective date, then the full-time equivalent complement of the employer shall be deemed to be zero on the effective date of the head tax abatement program for purposes of the calculation intended by this paragraph. Employer head tax reports on file with the department of finance shall be prima facie evidence of the full-time equivalent employee complement of an employer on the effective date of this head tax abatement program; or

(2)

The aggregate annual earned income of the verifiable new employees, whether newly hired or transferred as provided in this subsection, that is subject to taxation under the City of Wilmington earned income tax equals or exceeds $3,000,000.00 in any head tax abatement program calendar year or portion thereof. If the employer elects to seek entry into the head tax abatement program under this provision, the employer must file the monthly reports required by section 5-102, remit the head tax otherwise due, and seek a refund or credit of amounts paid under section 5-102.

(f)

Limitations period for refund request or credit. Any employer requesting a refund or credit for monies remitted by an employer either in error on account of a presumed or apparent head tax liability or in anticipation of a right to refund for monies paid pursuant to subsection (e)(2) of this section shall be time-barred and forfeited unless such request is made within six months next succeeding the end of the calendar year for which a refund or credit is sought.

(g)

General conditions of eligibility for acceptance into the head tax abatement program. To be eligible for entry into the head tax abatement program:

(1)

The employer must have and maintain a current and valid city business license;

(2)

The employer must not have been the subject of a cease and desist order issued by the department of licenses and inspections within 18 months next preceding the date of application into the program;

(3)

The employer must not have been within 18 months next preceding the date of application for entry into this program the subject of ten or more official constable citations, official notices, orders or convictions of violations of the City of Wilmington's building, housing, health and sanitation codes, as the terms are defined in section 5-59 of this article;

(4)

The employer must be in compliance with the requirements imposed on the employer with respect to the city earned income tax as set forth in Wilmington Code, § 44-106, et seq.;

(5)

The employer must be in compliance with the requirements imposed on an employer under this Code to pay to the City of Wilmington when due all transfer taxes, ad valorem real estate taxes, water and sewer fees, motor vehicle violations, and all other fees, fines and charges properly payable by the employer to the City of Wilmington; and

(6)

The employer must be in compliance with the requirements imposed by the City of Wilmington's building, fire, health and sanitation, housing, zoning, and noise control and abatement codes, and any other rules and regulations affecting the public health, safety and welfare.

(h)

Events occasioning forfeiture of head tax abatement.

(l)

No head tax abatement shall obtain for any employer under this head tax abatement program in any month in which:

a.

The employer fails to maintain a current and valid City of Wilmington business license;

b.

The employer fails to meet the head tax eligibility requirements set out in subsection (e)(1) of this section;

c.

The employer fails to file with the department of finance any record, report or annual renewal certification required by the department of finance to be filed as a condition of continued eligibility for the head tax abatement program;

d.

The employer is in violation of any cease and desist order issued by the department of licenses and inspections;

e.

The employer is the subject of ten or more official constable citations, official notices, orders or convictions of violations of the City of Wilmington's building, housing, health and sanitation codes, as the terms are defined in section 5-59 of this article, within any consecutive 24-month period; provided, however, that one or more of the predicate offenses for forfeiture of the head tax abatement under this section may have occurred before the employer's entry into the head tax abatement program;

f.

The employer fails to be in compliance with one or more of the requirements imposed on the employer with respect to the city earned income tax as set forth in Wilmington Code, section 44-106, et seq.;

g.

The employer fails to be in compliance with the requirements imposed on an employer under this Code to pay to the City of Wilmington when due all transfer taxes, ad valorem real estate taxes, water and sewer fees, motor vehicle violations, and all other fees, fines and charges properly payable by the employer to the City of Wilmington;

h.

The employer fails to be in compliance with the requirements imposed by the City of Wilmington's building, fire, health and sanitation, housing, zoning, and noise control and abatement codes, and any other rules and regulations affecting the public health, safety and welfare.

(i)

Verification; authorization to promulgate rules. The department of finance is hereby authorized to ascertain verifiable data using wage tax withholding information in order to verify claimed exemptions submitted to it by each employer and to administer the program in accordance with the provisions of this section. The department is further authorized to promulgate such rules, regulations, procedures, and forms as it deems necessary to implement this head tax abatement program set forth in this section, subject to administrative board review and approval.

(Ord. No. 09-064(sub 1), § 4, 11-19-09)

Sec. 5-103. - Election to pay reduced license fee.

(a)

If any licensee after being licensed for a full calendar year shall have gross receipts of $10,000.00 or less for the calendar year preceding the license year, such licensee may elect to pay a license fee of $25.00 in lieu of the applicable license fee established by this division for each category or classification provided, that the applicable license fee established by this division is $120.00 or greater.

(b)

Any licensee electing to utilize this option must submit a notarized affidavit to the department of licenses and inspections on or before the delinquency date stating the total gross receipts for the preceding year.

(Code 1968, § 35-54; Ord. No. 04-041(sub 1), § 1, 6-17-04)

Sec. 5-104. - Certain day care homes and certain nursing homes exempt from licensing fees.

(a)

Day care homes which care for children aged one week to six years during a portion of a 24-hour day that shall be approved and supervised by the division of social services of the department of health and social services are exempt from licensing fees. The number of children in the home shall not exceed six preschool children including the approved parents' own preschool children.

(b)

Nursing, convalescent, or old age homes that are operated by charitable or religious persons, firms, associations or corporations are exempt from licensing fees.

(Code 1968, § 35-55; Ord. No. 93-057, § 1, 8-26-93)

Sec. 5-105. - Emergency shelter for the homeless.

(a)

Requirements of operators, license; management plan. Operators of emergency shelters for the homeless shall pay the license fee specified in section 5-101 and be issued a license to provide temporary shelter or such shelter and food services, provided that the management plan meeting the requirements set forth in this section is submitted and approved prior to the issuance of a license and further provided that the facility meets the requirements of the zoning code for such use. The operators of any emergency shelter for the homeless that is extant as of December 7, 1989, shall prepare and submit a management plan and apply for a license as herein provided within one year following such date. A management plan shall consist of the following minimum requirements:

(1)

A policy statement which shall set forth the subject emergency shelter's purpose, the types and number of population groups proposed to be served, a detailed program description, operating plans, proposed hours of operation, and a clear statement of policy prohibiting discrimination against any person because of his race, color, national origin, religion, sex, sexual orientation or handicap.

(2)

An organizational chart and staffing plan delineating the responsibilities of all persons employed in the emergency shelter.

(3)

Information documenting the adequacy of training of on-site staff persons, whether paid or volunteer, to meet the needs of residents and to ensure the safety of the facility during all hours of operation. The on-duty staffing requirement for 24 hours per day for each of seven days per week shall be a minimum of one staff person for every 50 individual persons, one staff person for every 25 individual persons in emergency shelters which serve minor children, except such additional staffing as may be otherwise required of class A or class B shelters as defined; provided that the staff to resident ratio for class A and class B shelters refers to the total numbers of staff and residents and is not a strict requirement of a specific number of staff persons on-duty at any one particular time each day. A description of the method of selection and training of the paid and volunteer staff shall be included in the management plan.

(4)

Written policies stating intake procedures and criteria by which the shelter admits persons to it. A detailed description of plans for and physical facilities and improvements by which the differing needs of different groups of individuals for whom shelter will be provided will be met, such as but not limited to the differing needs of adult men, adult women, minor children, the physically or mentally handicapped, elderly persons or other persons in need of either routine or special services.

(5)

A description of all rules, regulations, and disciplinary procedures and the methods by which residents will be notified of the same.

(6)

Procedures for maintenance of a daily log of attendance by residents to include, but not be limited to, the name, age and sex of each resident.

(7)

A statement of the method by which persons will be referred to an appropriate shelter or agency if the subject emergency shelter cannot provide services to such persons.

(8)

A procedure by which on-site medical attention and services or referral to other medical care facilities will be provided.

(9)

If food service is to be provided, a description of provisions by which sanitary storage and preparation of food will be provided and a method by which the nutritional requirements of infants, minor children, and pregnant women will be provided. If food service is not provided, the management plan shall include a description of how the residents will be informed of the nearby food providers.

(10)

A safety plan to address issues including fire detection systems, emergency evacuation plans, a fire safety plan, and other requirements deemed necessary by the fire marshal's office. Evidence of current liability insurance shall be provided as part of the management plan.

(11)

A plan of housekeeping and property maintenance.

(12)

A description of resident furnishings which should include, but not be limited to: A crib or bed with linen for each resident; storage for each resident's personal belongings; adequate and separate toilet facilities, wash basins, articles of personal hygiene, and shower facilities for men and women.

(13)

A description of the physical plant and facilities in the emergency shelter, including ventilation and heating systems meeting building code requirements, laundry facilities for use by shelter staff or residents, recreation and dining areas, and any other facilities provided. In any facility in which one (1) or more families, as defined in section 48-2 of this Code, is sheltered, there shall be required that there be maintained a physical separation of the sleeping areas provided for different population groups, such that family members may remain together but shall be separated from nonfamily population groups. Any individual whose residency in the emergency shelter would constitute a direct threat to the health or safety of other individuals or whose residency would constitute a direct threat of resulting substantial physical damage to the real or personal property of the shelter provider or of other persons shall be referred immediately to a treatment facility deemed appropriate by the shelter provider's staff.

(14)

Demonstrated reasonable access by shelter occupants and staff to public transportation.

(15)

A plan by which services may be provided to non-English speaking persons if the shelter's operators anticipate providing the shelter's services to such persons.

(16)

A plan for on-site services or off-site referral services, including alcohol and drug counseling, assistance in applying for qualified public assistance programs, mental health diagnostic services, and other similar services. As deemed necessary by the shelter-provider, there shall be a requirement of referral of individuals to an appropriate facility or appropriate program of services within 72 hours of admission to the homeless shelter.

(17)

The shelter's facilities shall be accessible to handicapped persons.

(18)

A plan by which complaints from neighboring residents or businesses will be administered and for controlling and limiting any on-site or off-site conflicts between individuals or groups of individuals.

(19)

A site plan for emergency shelters which are not operated 24 hours per day illustrating landscaping, screening and access areas designed in a manner to limit the impact of the shelter on any neighboring residential areas.

(20)

A written certification by the entity's board of trustees or board of directors and the shelter director that the management plan has been reviewed and approved by them.

(b)

Review committee. There is hereby created an advisory committee of five persons to be appointed by the mayor and serve at the pleasure of the mayor. Each of the five members shall be a duly qualified and experienced member of the shelter provider sector. The committee shall review all management plans submitted to the department of licenses and inspections and advise the department within 30 days of referral, of any recommendations of approval, modification, or disapproval of any such management plan.

(Code 1968, § 35-56; Ord. No. 00-121, § 1, 11-16-00)

Cross reference— Health and sanitation, ch. 13.

Sec. 5-106. - Professional associations and partnerships.

An association organized as a professional association or partnership is not required to obtain a city license or pay a license fee. Each member of such association or partnership shall obtain the appropriate license as determined by section 5-101.

(Code 1968, § 35-57)

Sec. 5-107. - Special events permits.

There shall be authorized in the city, through the department of licenses and inspections, special events permits, which shall be obtained, in advance, by all vendors of nonedible commodities and by all vendors of edible commodities who wish to participate in, take part in or otherwise be engaged in business activities for any period of from one to three days, for up to 12 different periods of such time per year. Any vendor so engaged in a special event of from one to three days, shall display a permit, color-coded by month and dated, which shall be displayed on each vendor's display. In the event that a vendor anticipates being engaged in business activities for more than 30 days in any calendar year, the vendor shall obtain a city annual business license. The fees for special events permits shall be as follows:

(1)

Any event of from one to three consecutive days duration: $10.00.

(2)

Any event of up to nine consecutive days: $25.00.

The permits herein authorized shall be issued by the department of licenses and inspections upon payment of the required permit fees to the finance department.

(Ord. No. 93-024, § 1, 5-15-93)

Sec. 5-108. - Newsracks.

(a)

Newsrack defined. Newsrack means individual newsracks and/or modular newsracks which are unmanned, self-service or coin-operated box, storage unit or other dispenser located in the city, and which are installed, used or maintained for the display, sale, or distribution of print publications, including but not limited to newspapers, periodicals, advertising circulars, and all other printed materials which may be distributed through the use of newsracks.

(b)

Newsrack registration fee. The owner, operator, or proprietor of any newsrack located in the public rights of way in the city shall pay an annual registration fee of $20.00 for each newsrack, including a separate registration fee for each individual newsrack contained in a modular newsrack, if applicable.

(c)

The owner, operator or proprietor of a newsrack located within the public rights of way of the city shall register the name and business address of the owner of each such newsrack on a form prescribed by the department of finance. The name and address shall be displayed on each newsrack in a conspicuous location. Upon receipt of payment of the annual registration fee, the department of finance shall issue to the owner, operator or proprietor a sticker to be affixed to the newsrack in a conspicuous location, which states the expiration date of the time period for which the annual registration fee is paid.

(d)

It shall be unlawful to place or maintain a newsrack upon the public rights-of-way in the city unless:

(1)

The registration pursuant to subsection (c) is submitted to the department of finance; and

(2)

The registration fee pursuant to subsection (c) is paid.

Any unregistered newsracks shall be removed from the public rights-of-way.

(e)

With respect to any registered newsrack for which an annual registration fee has not been paid, the department of public works may issue a written notice of the delinquent registration fee, and impound the newsrack if the fee is not paid within 15 days of the dispatch of said notice of delinquency, subject to the following conditions:

(1)

No impounded newsrack shall be released from impoundment until all removal and storage costs are paid.

(2)

Notwithstanding any other provision of the Code, the city may cause to be removed from the public rights-of-way, without prior notice to the owner, any newsrack which:

a.

Presents a clear and present danger to the public;

b.

Substantially impedes the use of the public rights-of-way by pedestrians; or

c.

Does not bear the name and address of the owner, as required by subsection (c).

(3)

Within 48 hours after a newsrack has been impounded, the department of public works shall give written notice of the impoundment to the owner, using the registered address and/or the name and address listed thereon, notifying of the procedure to claim the impounded newsrack, including the administrative cost of impoundment and storage, if any, the time within which the newsrack must be claimed, and the legal consequences of failure to claim the newsrack in a timely manner. If there is no name or address displayed on the newsrack, then the city shall make a reasonable effort to determine the owner, for the purpose of notifying of the impoundment.

(4)

The administrative costs for a newsrack which has been impounded shall be an impoundment fee of ten dollars for each individual newsrack and $40.00 for each modular newsrack; a storage fee of two dollars per day for each individual newsrack and eight dollars per day for each modular newsrack; and the actual cost of any necessary restoration or repair of the public rights-of-way. The fees provided by this subsection shall be paid to the city prior to the return of the newsrack to the owner.

(5)

No sooner than 30 days after the date of dispatch of notice of impoundment, or 30 days after the date of impoundment if the owner can not be determined, the city may dispose of any impounded and unclaimed newsrack under the procedures established by statute and ordinance for the disposal of property, and the costs of disposal will be assessed to the owner of the disposed newsrack.

(Ord. No. 03-085(sub 1), § 1, 2-19-04; Ord. No. 04-012, § 1, 3-18-04)

Secs. 5-109—5-135. - Reserved.