REGULAR MEETING
June 14, 1954
The regular meeting of City Council was held Monday, April 12, 1954, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs Biddle, Davis, Helm, Holpp, Mundy, Petty, Smith and Tischer.
MINUTES
Minutes of the last regular and special meetings were accepted as read.
REPORTS
Report of the City Manager was accepted as read.
Report of the Chief of Police was accepted as read.
Report of the City Alderman was accepted as read. A check in the amount of $1265.45 was remitted to the City.
Budget report was accepted as read.
CITY SERVICE GASOLINE STATION
Cities Service Inc. Presented to Council plans for the erection of a gasoline station on the site of the Hotel Richardson, which is being raised. The company has an option to purchase the ground. Council noted that the ordinances of the City required a written application for such a permit accompanied by the written approval of a majority of the property holders in the block. Such approval did not accompany the application and Council ruled that the application was therefore incomplete. The representatives of the Cities Service were notified verbally and will be given written notification.
SILVER LAKE SWIMMING
Council discussed the need for controlling and improving the swimming areas at Silver Lake. City Manager Ward, Police Chief Turner and YMCA Secretary Oliver Smith were appointed a committee to recommend improvements and corrections to Council at its next meeting. Council directed that signs be immediately posted listing the hours during which swimming will be permitted ans the rules under which the beach os operated, including the prohibition of liquor on the premises.
The City Solicitor was directed to prepare an amendment to the swimming ordinance to prohibit parking in the area during hours when the beach is closed.
FIRE COMPANY HOSE
Council approved purchase for the Fire Company of 500' pf 21" hose at a cost of approximately $1.70 per foot, and the purchase of 250' of the hose during each of the next four quarters.
FIRE COMPANY PARKING
Council directed the City Solicitor to prepare an amendment to the ordinance prohibiting parking opposite the Fire House to permit parking by firemen during periods of alarms.
AMEND STREET SWEEPING ORDINANCE
Council directed the City Solicitor to prepare an amendment to the ordinance prohibiting parking on the south side of Reed Street west of Governors Avenue to permit parking on Tuesday nights when parking is banned on the north side so that the street may be swept.
SHOTGUN ALLEY
Council tabled the matter of minimum sanitary requirements for habitation of buildings on Shotgun Alley and adjacent New Street until the State Board of Health has given its recommendation.
TRAFFIC REGULATION CHANGES
Council approved for 30 day trial beginning Jule 1, 1954 the following traffic regulation changes:
King Street - one way from Loockerman to Division Street - north.
Pryor Street - one way north from King Street to Division Street.
Pennsylvania Avenue - one way north from King Street to Delaware Avenue.
Left turns banned for 4 to 9 P.M. Friday and 4 to 6 P.M. other days except Sunday at:
State and Loockerman Streets, from State Street only.
Bradford and Loockerman Streets.
Governors Avenue and Loockerman Street.
Left turns banned from Loockerman Street to State Street alley, which shall be one way, north to Reed Street.
Legislative Avenue - no parking on both sides for a distance of 200' west of St. Jones River bridge.
North Street - one way east to Legislative Avenue.
ORDINANCES
The City Solicitor was directed to prepare the following ordinances:
An ordinance providing that the sidewalks of the City be kept free and clear of all obstructions.
An ordinance requiring that cleaners of cess pools and septic tanks register before doing such work within the City, requiring that their equipment be inspected, and providing that the City Manager may designate the streets of the City over which they may travel.
CITY HOUSING
The City Manager discussed with City Council the question of where to relocate City housing.
Mr. Ward also informed Council of a letter received from Judge Ernest Keith, representing Mr. Noble Warren, outlining demands of Mr. Warren for $7500 of City Housing Funds, ownership of all City Housing buildings and utilities now located on land leased by the City from him, and stating that the demands were listed without prejudice. He requested a settlement effective July 1, 1954 after which date all rents from the property would be collected by Mr. Warren. Council directed that the letter be acknowledged.
BUSINESS LICENSE COMMITTEE
Council by unanimous vote, Council passed the following ordinance:
AN ORDINANCE REGULATING THE SOLICITATION OF CHARITABLE CONTRIBUTIONS OF THE CITY OF DOVER AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. No person shall solicit contributions within The City Of Dover for charitable purposes without first obtaining from the City Manager a permit therefor. Any person convicted of a violation of this Section shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00) or upon failure to pay such fine as shall be imposed shall be imprisoned not more than thirty (30) days.
Section 2. Any person who desires to solicit contributions for any charitable purpose or purposes shall make application for a permit so to do to the City Manager upon forms provided by him, which application shall contain the following information:
1. The name and address of the applicant.
2. The name and address of each proposed solicitor.
3. The name and address of the organization for which contributions are to be solicited.
4. The purpose for which the contributions are to be used.
5. The commission or percentage of funds solicited and collected to be retained by the solicitor.
6. The time or times when the contributions are to ne solicited.
Section 3. Upon proper application for a permit to solicit charitable contributions, the City Manager shall make such investigation thereof as he shall deem proper and necessary and within a reasonable time not exceeding ten (10) days shall either issue the permit requested or, if he shall be satisfied that a reasonable probability exists of the diversion of all or a substantial part of the funds solicited and collected from the stated purpose, deny the same. Of an application be denied written notice of such denial shall forthwith be given to the applicant be registered mail addressed to him at the address stated in the application.
Section 4 (a). Any applicant to whom a permit is denied may within ten (10) days of the mailing of notice of the denial appeal on writing from the decision of the City Manager to the Council of The City of Dover. The Mayor shall thereupon set a time for a hearing on said appeal. The appellant shall be notified by registered mail of the date, hour, and place of said appeal.
(b.) At the hearing of such an appeal the Council shall consider the facts stated in the application for a permit, the results of the investigation by the City Manager, and any facts which the appellant shall present at said hearing, and the Council shall either affirm the decision of the City Manager or reverse the same and direct him to issue the permit requested.
Passed June 14, 1954.
Approved:
Clerk of Council Mayor
LUTHERAN CHURCH ALLEY
Council considered the request of the Lutheran Church to close an alley between Lotus and Pine Streets, east of Park Avenue, and deed the City right to the alley to the Church in exchange for a twenty foot strip of land on Church property to be used for an alley. A delegation of residents on Pine and lotus Streets appeared before Council to oppose closing and vacating the present alley, claiming it was needed for public use and stating they would not consent to sell or abandon their right to its use. David Buckson, Attorney, represented the petitioners. After hearing arguments from both sides, Council , by unanimous vote, denied the request of the Lutheran Church to vacate the alley.
ORDINANCE
By unanimous vote, Council passed the following ordinance:
AN ORDINANCE REQUIRING LICENSES FOR CERTAIN TRADES, BUSINESSES, AND OCCUPATIONS WITHIN THE CITY OF DOVER, PRESCRIBING LICENSE FEES THEREFOR, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. On and after July 1, 1954, no person shall conduct or engage in any trade, business, or occupation within the City of Dover for which a license is required without first having obtained a license therefor and paid the license fee prescribed fore such trade, business, or occupation.
The term “person” shall be construed for the purposes of this Ordinance to include any individual, partnership, firm, association, or corporation.
Section 2. Licenses shall be required for the following trades, businesses, and occupations in the City of Dover, and the license fees shall be as set forth beside the names of said trades, businesses, and occupations:
Advertising agency $ 5.00
Amusement conductor 10.00
Amusement park operator 10.00
Architect 5.00
Attorney-at-law 5.00
Auctioneer 5.00
Barber 3.00
Beautician 3.00
Broker 5.00
Chiropodist 5.00
Chiropractor 5.00
Cleaner and/or dyer 10.00
Coat and towel supplier 5.00
Coin operated amusement machine owner 5.00
Coin operated vending machine owner 5.00
Cold storage plant operator 5.00
Dairyman 10.00
Dentist 5.00
Distributor 5.00
Drayman 5.00
Eating house keeper 5.00
Employment agent 5.00
Entertainment agent 5.00
Finance acceptor 10.00
Floor show operator 10.00
General repairman 3.00
Hotel or Motel keeper 5.00
Incorporator 5.00
Junk dealer 5.00
Laundry operator 10.00
Manicurist 3.00
Mercantile agency 5.00
Motor vehicle serviceman 3.00
Operator of pool tables, billiard tables, shuffle boards
or bowling alleys 10.00
Optometrist 5.00
Osteopath 5.00
Pawnbroker 5.00
Photographer 5.00
Peddlers -
Residents of Kent County 3.00
Residents of State of Delaware 5.00
Non-residents of State of Delaware 25.00
Printers and/or publishers 5.00
Physician and/or surgeon 5.00
Professional engineer 5.00
Public accountant 5.00
Public bath keeper 5.00
Real estate agent 5.00
Rooming house or tourist home keeper 3.00
Shoe Repairman 3.00
Showman 10.00
Taxicab or bus operator, $5.00 for the first cab or bus
and $2.00 for each additional cab or bus
Transportation agent 5.00
Undertaker 5.00
Veterinarian 5.00
Warehouseman 5.00
Manufacturers, one hundredth of one percent (.01%) of aggregate gross receipts.
Merchants and bottlers, one hundredth of one percent (.01%) of aggregate gross purchases for resale.
Contractors, one hundredth of one percent (.01%) of aggregate gross receipts.
All business not specifically mentioned above 5.00
Every manufacturer and contractor shall file with the Clerk of Council on or before the 30th day of June of each year a written statement verified by the oath or affirmation of the individual licensee, or one member of the partnership, firm, or association, or the president, treasurer, or secretary of a corporation. Setting forth the aggregate gross receipts pf such business during the year ending on the 1st day of June preceding. The license fee for each such manufacturer or contractor shall be one hundredth of one percent (.01%) of the gross receipts so reported, but not less than $2.50.
Every merchant and bottler shall file with the Clerk of Council on or before the 30th day of June of each year a written statement verified by the oath or affirmation of the individual licensee, or one member of the partnership, firm, or association, or the president, treasurer, or secretary of a corporation, setting forth the aggregate cost value of all merchandise purchased for sale in the course of such business during the year ending on the 1st day of June preceding. The license fee for each such merchant or bottler shall be one hundredth of one percent (.01%) of the gross purchases for sale so reported, but not less than $2.50.
Section 3. (a) Every applicant for a license under the provisions of this Ordinance shall make an application for such license upon forms provided by the Clerk of Council which shall include the following information:
1. The name and business address of the licensee:
2. The trade, business, or occupation for which a license is requested.
3. A statement that the applicant has compiled and will continue to comply with all the Ordinances of the City of Dover. The said application shall be verified by the oath or affirmation of the individual licensee, or of one member of a partnership, firm, or association, or of the president, secretary, or a director of a corporation applying foe a license.
(b) Upon proper application and payment of the prescribed fee a license shall be issued to each such applicant, signed by the Clerk of Council, the Fire Marshall and the Executive Officer of the Board of Health. Each such license shall be valid and effective from the first day of July of each year or the date of issuance thereafter, to the 30th day of June of the following year. A record of all licenses issued and license fees paid shall be maintained at the City Hall. Each such license shall be upon a form provided by the Clerk of Council which shall set forth the following information:
1. The name and business address of the licensee;
2. The trade, business, or occupation for which the license is granted;
3. The date of issuance of the license;
4. The amount of the license fee paid to the City.
Section 4. Each license granted under this Ordinance shall be for the sole use and benefit of the licensee to whom it is issued and shall not be transferable. In cade of the death of any individual licensee his personal representative shall succeed to all rights thereunder until the date of expiration of the license issued.
Section 5. Every person holding a license authorizing the conduct of any business, trade, or occupation shall expose such license in a conspicuous manner in the principal office if the place of business of such person in the City of Dover.
Section 6. Any person convicted of a violation of the provisions of this Ordinance shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00), or upon the failure to pay such fine shall be imposed shall be imprisoned for not more than thirty (30) days.
The individuals composing any partnership, firm, or association, and the President and the Directors of any corporation, and each of them, shall be personally liable for the license fees herein prescribed for such partnership, firm, association, or corporation and subject to prosecution for the conduct of a trade, business, or occupation by such partnership, firm, association, or corporation in the City of Dover without the license herein required. In the event that any person shall maintain his main office at some place other than the City of Dover and a branch office or place of business in the City of Dover, the agent or representative who conducts said branch office or place of business in the City of Dover shall also be personally liable for the license fees herein prescribed and subject to prosecution for the conduct of a trade, business, or occupation without the license herein required.
Section 7. The premises of every licensee shall be open to the inspection of the Fore Marshall and the Executive Officer of the Board of Health during all business hours. If any violation of any of the ordinances of the City of Dover by a licensee or applicant for a license come to the attention of the Clerk of Council, the Fire Marshall, or the Executive Officer of the Board of Health, he shall immediately notify the licensee or applicant of such violation and of the measures necessary for its correction, and he may in his discretion refuse the issuance of a license applied for or suspend a license previously issued until said corrective measures have been accomplished.
Section 8. All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.
Passed June 14, 1954.
Approved:
Clerk of Council Mayor
ORDINANCE
By unanimous vote, Council passed the following ordinance:
AN ORDINANCE REQUIRING A PERMIT AND BOND FOR THE SOLICITATION OR ACCEPTANCE OF ORDERS FOR THE DELIVERY OF ARTICLES OR SERVICES AT A FUTURE TIME WITH PAYMENT AT THE TIME OF SUCH ORDER BY BUSINESSES LOCATED WITHOUT THE CITY OF DOVER AND PROVIDING PENALTIES FOR VIOLATION THEREOF.
Be It Ordained By The Council Of The City Of Dover In Council Met:
Section 1. No person who does not maintain a regular place of business in the City of Dover shall solicit or accept orders for the delivery or supply of any articles or services at a later time and accept or collect payment therefor at the time of such order without first obtaining from the Clerk of Council a permit so to do and providing a bond as hereinafter set forth.
The term “person” shall be construed for the purposes of this Ordinance to include any individual, partnership, firm, association, or corporation.
Section 2. Any person who desires a permit required by Section 11 shall apply in writing therefor to the Clerk of Council. The application shall contain the following information:
1. Name and address of the principal for which orders are to be solicited or accepted;
2. Nature of the articles or service to be sold;
3. Terms of the orders to be solicited or accepted;
4. Names and addresses of all solicitors to be employed;
5. Time or times of solicitation;
6. Such other pertinent information as the City may require.
Section 3. Before the Clerk of Council shall issue a permit required under Section 1 the applicant shall furnish a bond to the City of Dover in an amount not less than Five Hundred ($500.00) Dollars with a reputable surety approved by the Clerk of Council. The term of any such bond shall be for a period of at least one (1) year, and the condition thereof shall be that if the obligor shall promptly deliver goods or services of a quality as represented at the time of the order or orders and at the time or times agreed upon, than and in that event said bond shall be void and of no effect. Any such damage by reason of the failure of the obligor to deliver goods or services as represented and at the time or times agreed upon in any order solicited or accepted by such obligor in the City of Dover.
Section 4. The fees for the permit required bu Section 1 shall be the sum of Ten ($10.00) Dollars for a person maintaining a place of business within the State of Delaware, and the sum of Twenty-five ($25.00) Dollars for a person who does not maintain a place of business in the State of Delaware.
Section 5. Upon proper application, furnishing of an adequate bond, and payment of the required fee, the Clerk of Council shall issue a permit as required by Section 1. Each such permit shall be limited to the time or times specified in the application therefor and necessary for the accomplishment of the applicant’s business purposes and shall specify the solicitors to be employed.
Section 6. Any person convicted of a violation of this Ordinance shall be fined not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars or upon failure to pay such fine as shall be imposed shall be imprisoned not more than thirty (30) days.
The members of a partnership, firm, or association, and the officers and directors of a corporation guilty of a violation of this Ordinance shall be subject to prosecution hereunder.
Every agent, representative, and solicitor who solicits or accepts orders in violation of the provisions of this Ordinance shall be subject to prosecution hereunder as well as the principal for whom such orders are solicited or accepted.
Passed June 14, 1954.
Approved:
Clerk of Council Mayor
Council adjourned at 12:30 A.M.
F. Neylan
City Clerk