Chapter 123 BUSINESS REGISTRATION

123.01 Intent.

123.02 Definitions.

123.03 Registration application.

123.04 Forms.

123.05 Signatures.

123.06 Fees.

123.07 Term of business registration.

123.08 Business registration required.

123.09 Registration not assignable—Change of location.

123.10 Posting registration.

123.11 Alteration of registration.

123.99 Penalty.

123.01 Intent.

It is the intent of this chapter to require that all businesses register with the city. The intent of the business registration program is to provide the city with complete identifying information concerning businesses and their owners and the owners of the premises upon which the businesses are located in order to protect the business in case of emergency; and to protect the public or other businesses in case of complaints alleging code violations. (Ord. 1508, passed 1-21-03)

123.02 Definitions.

As used in this chapter, unless the context otherwise requires, the terms specified have the meanings ascribed to them.
(A) “Business.” A building, structure, area or premises, or a portion thereof, that the principal use of which is:
(1) The rendering of personal or material services for profit;
(2) The wholesale or retail sale or distribution of material goods or chattels for profit;
(3) The manufacture or sale of any item for profit; or
(4) The storing of personal or material goods, items or chattels for profit.
(B) “City.” The city of Wilmington.
(C) “Code.” The city of Wilmington Code of Ordinances.
(D) “Owner.” Any person, individual, firm, association, partnership, corporation, trust or any other legal entity having sufficient proprietary interest to maintain and manage its operation.
(E) “Person.” An individual, firm, association, partnership, corporation, trust or any other legal entity. (Ord. 1508, passed 1-21-03)

123.03 Registration application.

(A) Registration applications shall be made to the city in writing on the form provided for that purpose. Each application shall contain the minimum:
(1) Business name;
(2) A description of the type of business;
(3) The location or proposed location of the business;
(4) Business telephone numbers; and
(5) Business owner.
(B) Any person desiring to operate a business shall file an application with the city not less than two business days prior to the time said person desires to commence the business operation. Thereafter, a renewal application shall be filed for each subsequent year. (Ord. 1508, passed 1-21-03; Am. Ord. 06-03-21-06, passed 3-21-06)

123.04 Forms.

Forms for business registrations, and applications therefor, shall be prepared and kept on file by the city clerk. (Ord. 1508, passed 1-21-03)

123.05 Signatures.

Each new business registration issued shall bear the signatures of the city clerk and mayor and/or zoning officer. (Ord. 1508, passed 1-21-03; Am. Ord. 06-03-21-06, passed 3-21-06)

123.06 Fees.

The fee for a business registration shall be $25.00 per year (December 15—January 31) and shall be paid in advance to the city clerk at the time of application. $15.00 of this will be put into the economic development account. The fee for a business registration issued on or after November 1 of any year shall be $15.00 and will be put into the general finance account. (Ord. 1508, passed 1-21-03)

123.07 Term of business registration.

A business registration shall be valid until December 31 of the calendar year in which the business registration was issued. (Ord. 1508, passed 1-21-03)

123.08 Business registration required.

No person shall engage in any business activity in the city without having obtained a business registration. (Ord. 1508, passed 1-21-03)

123.09 Registration not assignable—Change of location.

(A) No business registration may be assigned, sold, loaned, transferred, used as collateral, or otherwise encumbered.
(B) The location of any registered business may be changed, provided 10 days’ notice thereof is given to the city clerk and in the absence of any provisions to the contrary. However, the business premises must comply with the provisions of the building code, zoning ordinance and other applicable ordinances and regulations of the city. (Ord. 1508, passed 1-21-03)

123.10 Posting registration.

It shall be the duty of any person conducting a registered business in the city to keep his business registration posted in a prominent place on the premises used for such business at all times. (Ord. 1508, passed 1-21-03)

123.11 Alteration of registration.

No person shall alter, deface, forge, or counterfeit any business registration issued by the city. (Ord. 1508, passed 1-21-03)

123.99 Penalty.

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 1508, passed 1-21-03; Ord. 1574, passed 7-15-03)