Purpose and Authority

A.   Purpose – The purpose of this Ordinance is to license any and all associations, corporations, industrial, institutional, rental, research, retail or service business establishments, limited liability corporations or partnerships, and professional associations or corporations doing business in the Town of Berwyn Heights.

B. Authority – The authority to license business entities operating within the Town of Berwyn Heights is provided for in Section 401 of the Town of Berwyn Heights Charter.

Business Licenses Required

No association, business entity, commercial or residential property management association, corporation, entity, industrial, institutional, rental, retail, or service business establishment, limited liability association, corporation or partnership, organization, person or professional association, corporation or partnership shall sell, offer for sale, or otherwise dispose of for any valuable consideration any goods or services or engage in the dispensation of professional services within the Town without first obtaining a business license for such purpose.  Excepted are activities conducted by Town organizations for fund-raising, exclusively religious, charitable or educational fund-raising organizations, yard sales, and home businesses operating in compliance with municipal, county and state laws.

Annual Renewal of Licenses

Business Licenses shall be valid for one year, from July 1 through June 30, and must be renewed annually.  The Town shall notify all business establishments operating within the Town of the business license application requirement and fee in writing. An application not filed and/or fees not paid within 30 days from the date of the letter sent to the business establishment will be subject to a penalty of $50.00 and will be subject to an additional penalty of $25.00 for each month or partial month the business license application is not filed and/or fee is not paid after 60 days from the date of the letter sent to the business establishment. Any business establishment that fails to file an application or pay the business license fee can be reported to the Maryland Office of the Comptroller, Maryland State Department of Assessment & Taxation Personal Property Tax Division, and the Clerk of the Circuit Court in Prince George’s County. A business license is not transferable to a new owner or operator of an existing business.  Licenses granted for a period after December 31 will be prorated at one-half the scheduled rate.

The fee schedule for this Ordinance will be set from time to time by resolution of Mayor and Town Council.

The business license fee for all other business entities or establishments, associations, commercial or residential property management associations, corporations or partnerships, industrial, institutional, rental, retail or services establishments, limited liability associations, corporations or partnerships including professional associations or corporations shall be based on the Gross Receipts Fee Schedule. 

The fee schedule shall become effective July 1, 2006 for the business licensing year beginning July 1, 2006.

Business License Application

Each business establishment subject to the provisions of this Ordinance shall file a Business License Application as part of the licensing procedure and shall provide on the application its Maryland State Department of Assessment & Taxation (SDAT) number and its Federal Employer Identification Number. Failure to provide this information shall be considered a violation of this Ordinance. 

Each business establishment subject to the provisions of this Ordinance that owns the property from which the business is operated and fails to file a business license application and/or pay business license fees, fines or penalties imposed will result in the amount of any fee, fine or penalty imposed being recorded as a lien against the property and collected in the same manner as delinquent taxes.

The property owner or duly authorized property manager or agent shall be required to notify the Town of the name, address, telephone number, and date a new tenant moves in or an existing tenant relocates to another location owned by the property owner or of the date when a tenant ceases to be a tenant. Failure of the property owner to provide this information within thirty (30) days of the event will be in default and subject to a reasonable penalty as provided in Section 8 and failure to pay any fine or penalty imposed will result in the amount of any fine or penalty imposed being recorded as a lien against the property and colleted in the same manner as delinquent taxes.
 

Any business whose license fee is based on annual gross receipts shall furnish the Town Administrator a financial statement or such other proof of gross receipts as the Council may require at the time of filing application for a license.  In the event of failure or inability to furnish proof of gross receipts within 15 days after application for license has been filed, the fee shall be based on the highest gross receipts level or a mutually agreed upon level.
 

Violation of any provision of this Ordinance shall be a municipal infraction.  The penalty for violation shall be $50.00 for each initial offense and $50.00 for each repeat offense.  Failure to apply for this license and pay the required fees within the specified time frame as indicated in this Ordinance shall constitute a violation.  Such violation shall not be considered corrected until the required application is filed and proper fee paid.  If an application has not been filed, nor the proper fees paid after the elapse of a 30-day period following the initial due date as stated in the letter of notification, this shall constitute a separate offense. The Mayor and Town Council reserve the authority to change the penalties of this ordinance from time to time by resolution. 

NOW, THEREFORE, BE IT ORDAINED AND, IT HEREBY IS ORDAINED, this  10th day of May 2006 that the Town Council of the Town of Berwyn Heights, Maryland does herby enact proposed amendments to Ordinance 105 – Business Licenses Ordinance. 

BE IT FURTHER ORDAINED that this Ordinance shall be effective on 30th day of May 2006, the requirements for reading this Ordinance  on two (2) separate days having been fulfilled on April 12, 2006 and May 10, 2006.

BE IT FURTHER ORDAINED that if any section or provisions or parts thereof in this Ordinance shall be adjudicated to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of this Ordinance as a whole or any other section or provision or part thereof.

be it further ordained by the Mayor and Town Council of the Town of Berwyn Heights, Maryland that this Ordinance shall become effective on the 30th day of May, 2006, after having been read at woe (2) successive Town Meetings pursuant to Town of Berwyn Heights Charter Section 311, unless within twenty (20) days after its passage a Referendum Petition, pursuant to Section 3-11.2 of the Town of Berwyn Heights Charter, is filed with the Town Administrator.  If such a Petition is filed, this Ordinance shall be held in abeyance pending the outcome of a special election pursuant to Section 3-11.2 of the Town of Berwyn Heights Charter.

By the Order of the Mayor and Town Council

Fee Schedule for Ordinance 105 - Business Licenses

Resolution No. 05-2006

The fee schedule is as follows:

The business license fee for all other business entities or establishments, associations, commercial or residential property management associations, corporations or partnerships, industrial, institutional, rental, retail or service establishments, limited liability associations, corporations or partnerships including professional associations or corporations shall be based on the following Gross Receipts Fee Schedule.

Gross Receipts Fee Schedule:

Adopted: May 10, 2006
Effective: July 1, 2006