EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Kraft
A BILL ENTITLED
AN ORDINANCE concerning
Title
Retail Business Districts - Collection of License Fees
FOR the purpose of authorizing the Business Association for a Retail Business District to bring a civil action for the recovery of an unpaid license fee, penalty, interest, and reasonable attorney's fees; correcting, conforming, and clarifying certain language; deleting certain obsolete references; and generally relating to the operation of Retail Business Districts.
Body
BY repealing and reordaining, with amendments
Article 14 - Special Benefits Districts
Section(s) 11-1(a) and (c), 11-5(a), 11-7(a), and 11-11
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, without amendment
Article 14 - Special Benefits Districts
Section(s) 11-1(b)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 14. Special Benefits Districts
Subtitle 11. Retail Business Districts
Part 1. General Provisions
§ 11-1. Definitions.
(a) Business Association.
"Business Association" means the incorporated organization THAT:
(1) [of] COMPRISES persons who operate [retail, service, rental, or professional businesses] BUSINESS ESTABLISHMENTS within a particular Retail Business District[,]; AND
(2) [which] provides management and promotional services for the District.
(b) Business establishment.
"Business establishment" means any retail, service, rental, or professional business entity.
(c) Commissioner.
"Commissioner" means the Commissioner of [the Baltimore City Department of] Housing and Community Development.
§ 11-5. District license.
(a) In general.
[No] EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, NO person [shall] MAY operate any business establishment within a designated Retail Business District without obtaining FROM THE DIRECTOR OF FINANCE an annual license, to be known as the "Retail Business District License"[, from the Director of Finance of Baltimore City].
§ 11-7. Collection of fee.
(a) When due.
(1) The Retail Business District License fee [shall be] IS due and payable on January 1 OF each [and every] year, and the entire charge prescribed for the year [shall] MUST be [collected] PAID when the license is issued.
(2) [In the event that] IF a person [commences] BEGINS business operations in a [district] RETAIL BUSINESS DISTRICT [subsequent to] AFTER January 1 [in] OF any year, the Commissioner may prorate the amount of the fee [due and payable] based on the number of months of operation during [the] THAT licensing year.
§ 11-11. Penalty for nonpayment; ACTION BY ASSOCIATION.
(a) In general.
[(1)] Any person liable [to pay] FOR the Retail Business District License fee who fails to pay [the same] IT within 30 days after it is due and payable [shall be] IS subject to, in addition to the [annual license] fee:
(i) a civil penalty of 10% of the fee; and
(ii) interest at the rate of 1% per month or [a] PER fraction [thereof] OF A MONTH.
[(2) The provisions of Article 15, §§ 46-2, 47-1, and 47-2 shall not apply.]
(b) Waivers.
[The] FOR GOOD AND SUFFICIENT CAUSE, THE Appeals Board [created in § 11-12 of this subtitle is hereby authorized for good and sufficient cause to] MAY waive the [imposition of this] penalty and interest, in [its entirety or a portion thereof] WHOLE OR IN PART, FOR FEE PAYMENTS MADE IN FULL [prior to institution of] BEFORE civil [prosecution] ACTION IS INSTITUTED.
(C) ACTION BY ASSOCIATION.
(1) IF A LICENSE FEE REMAINS UNPAID 60 DAYS AFTER IT IS DUE AND PAYABLE, THE BUSINESS ASSOCIATION FOR THE DISTRICT MAY BRING A CIVIL ACTION, IN ITS OWN NAME, TO COLLECT THE FEE AND ALL ACCRUED PENALTIES AND INTEREST.
(2) IF THE ASSOCIATION IS SUCCESSFUL IN ITS ACTION, IT IS ENTITLED TO AN AWARD OF REASONABLE ATTORNEY'S FEES.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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