Page 88 - 08.11.2025 Council Packet

Agenda Item 3 a

ORDINANCE NO. 2025-03

AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF BERLIN, MARYLAND, A
MARYLAND MUNICIPAL CORPORATION, AMENDING CHAPTER 8, ENTITLED BUSINESSES,
ARTICLE II, ENTITLED BUSINESS LICENSES, SECTION 8-26, ENTITLED RULES AND
REGULATIONS.

NOW, THEREFORE BE IT ENACTED BY THE MAYOR AND COUNCIL THAT SECTION 8-26
BE AMENDED AS FOLLOWS:

Sec. 8-26. - Rules and Regulations.

A. The Mayor and Council 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 article and to define or
construe any of the terms or provisions of this article.

B. IT SHALL BE A CONDITION TO THE ISSUANCE OF ANY AND ALL LICENSES UNDER
THIS CHAPTER THAT THE BUSINESS LICENSED SHALL BE USED AND OPERATED ONLY
FOR LAWFUL PURPOSES AND THAT THE LICENSEE SHALL EXERCISE SUFFICIENT
CONTROL OVER THE ESTABLISHMENT SO AS TO NOT ALLOW THE ESTABLISHMENT
TO BE USED AND OPERATED IN A MANNER THAT WOULD BE DETRIMENTAL TO OR
ADVERSELY AFFECT THE HEALTH, SAFETY, MORALS, PEACE, COMFORT AND GENERAL
WELFARE OF THE SURROUNDING PROPERTIES AND RESIDENTS AND/OR THE PUBLIC
IN GENERAL. AS A FURTHER CONDITION TO THE ISSUANCE OF A LICENSE, THE
LICENSEE SHALL USE AND OPERATE THE BUSINESS IN ACCORDANCE WITH ALL
APPLICABLE FEDERAL, STATE AND LOCAL LAWS, ORDINANCES, RULES AND
REGULATIONS.

C. THE RIGHT IS RESERVED TO THE MAYOR AND COUNCIL TO REFUSE TO GRANT ANY
LICENSE, TO SUSPEND OR REVOKE ANY LICENSE PREVIOUSLY GRANTED OR TO
PLACE APPROPRIATE RESTRICTIONS ON ANY LICENSE WHICH IS DETERMINED BY
THE MAYOR AND CITY COUNCIL, AFTER NOTICE AND OPPORTUNITY FOR A HEARING,
TO BE DETRIMENTAL TO OR TO ADVERSELY AFFECT THE HEALTH, SAFETY, MORALS,
PEACE, COMFORT AND GENERAL WELFARE OF THE SURROUNDING PROPERTIES AND
RESIDENTS AND/OR THE PUBLIC IN GENERAL. IN MAKING A DETERMINATION AS TO
WHAT ACTION TO TAKE REGARDING A LICENSE, THE MAYOR AND COUNCIL MAY
CONSIDER, IN ADDITION TO ANY OTHER RELEVANT FACTORS, THE FOLLOWING TYPES
OF PROBLEMS OR CONDITIONS:

(1) EXCESSIVE NOISE EMANATING FROM THE ESTABLISHMENT OR PREMISES.

(2) EXCESSIVE TRAFFIC CONGESTION.

(3) EXCESSIVE LOITERING OUTSIDE THE ESTABLISHMENT DURING OR AFTER
BUSINESS HOURS.

(4) TRASH ACCUMULATION, LITTERING OR ALLOWING LITTER TO GO ONTO
SURROUNDING PROPERTIES.

08.11.25 Council Packet Page 88 of 140