§ 39-1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AUTHORITY — The Commercial District Management Authority (CDMA).

BUSINESS ESTABLISHMENT — Any retail, service, rental or professional business entity.

COMMERCIAL DISTRICT MANAGEMENT AUTHORITY — The incorporated organization of persons who operate retail, service, rental or professional businesses within the Commercial District. This organization will provide management and promotional services for the Commercial District.

DISTRICT — The Commercial District.

PERSON — Any individual, firm, corporation, partnership or joint venture.

PRIVATE BUSINESS SECTOR — The separation of the business district from the government not available for public use, control or participation.

§ 39-2. Purpose.

The purpose of the Commercial District Management Authority hereby established shall be described in the enabling legislation by the State of Maryland:

1. Promotion.
2. Marketing.
3. Providing security, maintenance and/or amenities within the district.

§ 39-3. Boundaries.

The Commercial District, for purposes of this chapter, shall include all of the area within the corporate limits of the municipality of Berlin, Maryland, as may be amended from time to time.

§ 39-4. Commercial District Management Authority and Downtown Committee. [Amended 8-12-1993 by Ord. No. 1993-6; 3-22-1999 by Ord. No. 1999-5]

A business management authority of the Commercial District comprised of the licensees of the district shall be incorporated under the laws of Maryland, and a copy of its Charter and bylaws shall be filed with the CDMA Administrator of Berlin.

1. The Authority shall be governed by a six-member Board of Directors, which shall meet at least quarterly. One member of the Board shall be the CDMA Administrator of the Town of Berlin appointed by the Administrative Director with the advice and consent of the Mayor and Council, and a second member shall be a Berlin Councilmember appointed by the Mayor with the advice and consent of the Council. The remaining four members of the Board shall be elected from the member businesses for overlapping terms at the annual meeting of each calendar year. Each licensee shall have an equal vote in electing the Board of Directors.
2. Fifty percent of the license fees collected pursuant to §§ 39-5 and 39-6 shall be expended by the Authority. The remaining 50% of license fees shall be donated to the Berlin Chamber of Commerce for the purposes of sponsoring/holding events in and promotion of the downtown business district.
3. The authority shall submit for approval an annual budget to the Mayor and Council by June 1 of each year. All advertising contracted for by the Authority shall be at least 50% generic, in that it advertises the district as a whole. This requirement shall be met on a yearly basis and does not necessarily apply to individual advertisements. The measure shall be made by relative advertising time or space devoted to generic advertising multiplied by the cost of the advertisement. Any disputes in calculations shall be settled by the Mayor and Council.
4. The Berlin Chamber of Commerce shall submit for approval an annual budget to the Authority by May 1 of each year.
5. The budget of the Authority is invalid until approved by the Mayor and Council.

§ 39-5. License required; fee; transferability.

1. No person shall operate any business establishment within the district without obtaining an annual license from the CDMA Administrator of the Town of Berlin.
2. The fee for the Commercial District business license shall be as set forth on file in the office of the Town CDMA Administrator. The annual fee schedule may be amended by the Mayor and Council on the advice of the Authority’s Board of Directors.
3. The CDMA Administrator shall collect the fee from the responsible person of each business establishment. The Commercial District business license fee shall be due and payable on June 1 of each and every year, and the entire fee shall be collected before a license is issued. [Amended 9-13-1993 by Ord. No. 1993-9; 3-22-1999 by Ord. No. 1999-5]
4. Subject to all applicable provisions of other ordinances of the Town of Berlin, statutes of Maryland and laws of the federal government, the Commercial District business license shall be transferable, upon written notice to the CDMA Administrator, and shall be renewable from year to year during the continuous operation of the business by the license.
5. In the event that any person commences business operation in the Commercial District subsequent to July 1 in any year, the CDMA Administrator may prorate the amount of the fee due and payable based on the number of months of operation during the licensing year. [Amended 8-12-1993 by Ord. No. 1993-6; 9-13-1993 by Ord. No. 1993-9; 3-22-1999 by Ord. No. 1999-5]

§ 39-6. Collection and distribution of fees. [Amended 3-22-1999 by Ord. No. 1999-5]

1. The CDMA Administrator shall maintain a checking account for the Commercial District Management Authority, and said account shall be credited with the collection of Commercial District Management Authority fees from the district, fundraising revenues and state grant funds.
2. The fund comprised of the license fees collected for the district in accordance with this chapter shall be utilized solely for the purposes determined by the licensees subject to the district’s annual budget and guidelines in § 39-4.

§ 39-7. Penalties and interest.

Any person liable to pay the Commercial District license fee who fails to pay the same within 30 days after it is due and payable shall be subject to a civil penalty of 10% of the fee and to interest at the rate of 11/2% per month, or a fraction thereof, in addition to the annual license fee. Failure to pay said penalty and interest when due shall subject the violator to civil prosecution, including possible resulting liens, payment of court costs and reasonable attorney’s fees.

§ 39-8. Other applicable provisions.

Any person who owns or operates a business in the Commercial District shall be subject to all applicable provisions of all other ordinances of the Town of Berlin, statutes of Maryland and the laws of the federal government.

§ 39-9. Rules and regulations.

The Mayor and Council of the Town of Berlin are hereby authorized and empowered to make, adopt, promulgate and amend, from time to time, such rules and regulations as the Mayor and Council deem necessary or proper to carry out and enforce the provisions of this chapter and to define or construe any of the terms or provisions of this chapter.

§ 39-10. Fees to be used for purposes stated.

Any fees imposed under this chapter shall be used only for the purposes stated in this chapter and may not revert to the general fund of the Town of Berlin so long as the CDMA remains in operation as approved by the Mayor and Council under the provisions of this chapter.

§ 39-11. Competition with private sector prohibited.

The Authority established pursuant to this chapter may not exercise the power of eminent domain or purchase, sell, construct or, as a landlord, lease office or retail space or, except as otherwise authorized by law, engage in competition with the private sector as defined in § 39-1 of this chapter.

§ 39-12. Licensing period; bills. [Amended 8-12-1993 by Ord. No. 1993-6; 9-13-1993 by Ord. No. 1993-9; 3-22-1999 by Ord. No. 1999-5]

For the purposes of the Commercial Business District specified in this chapter, the licensing period shall be July 1 through June 30 starting with the FY00 billing. Bills for license fees shall be issued at least 30 days prior to July 1 of each year or as far in advance of July 1 as possible and shall be due and payable 30 days from the date of billing.