Chapter 8.36
COMMERCIAL MANAGEMENT DISTRICTS AND AUTHORITIES
Sections:
8.36.040 District and area boundaries.
8.36.050 Limitations on the powers of Authority.
8.36.060 Composition of the Authority.
8.36.080 Board of Directors—Officers.
8.36.010 Definitions.
For the purpose of this chapter, the following terms shall have the meanings indicated:
“At-large” means elected by all voting members of the Authority.
“Authority” means the Takoma/Langley Crossroads Development Authority.
“Business” means any person or organization operating or conducting an occupation, profession, trade or business, including, without limitations, retail and wholesale enterprises and property owners.
“City” means the City of Takoma Park, Maryland, a municipal corporation.
“District” means the geographical area designated in this chapter in which the Authority shall operate and perform its responsibilities.
“Exempt business” means a business within the district which is not subject to the assessment of fees by the Authority. “Exempt businesses” shall include:
1. Federal, State, County or City governments or their agencies;
2. A place or house that is actually used exclusively for public religious worship or a parsonage, or convent for a house of public worship;
3. Residential facilities and properties; and
4. Warehouses.
“Fees” means the license fees of the members of the Authority used to finance the programs and accomplish the purpose of the Authority.
“Hotel/motel” means an establishment which contains six or more guest rooms where temporary lodging is provided for compensation.
“Professional” means any person or organization that:
1. Provides professional services by members of a licensed or otherwise recognized profession, including, but not limited to, attorneys, medical practitioners, architects, engineers, surveyors, barbershops, and hair, nail, and eyebrow salons and the like; and
2. Does not sell retail goods.
“Retail” means a business establishment that:
1. Sells goods or services directly to ultimate consumers; and/or
2. Uses space that has direct access to:
a. The street;
b. The ground floor of a building;
c. A mall; or
d. A parking lot of a shopping center or mall.
“Residential facility” means an apartment, single-family house, accessory apartment or condominium unit that is occupied or is intended to be occupied by one or more individuals.
“Warehouse” means a building used for the storage of goods or materials. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/Ord. 2000-4 § 1, 2000: prior code § 4A.1-1)
8.36.020 Establishment.
A. Pursuant to Section 5-214(b) of the Local Government Article of the Maryland Code Annotated, there is established the Takoma/Langley Commercial Management District and the Takoma/Langley Crossroads Development Authority, as an independent entity.
B. The Authority shall incorporate and obtain liability insurance. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-2)
8.36.030 Purpose.
The purpose of the Authority shall be to promote and market the district, and to provide security, maintenance and amenities within the district. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-3)
8.36.040 District and area boundaries.
The Takoma/Langley Crossroads Commercial Management District is comprised of the following described areas:
A. Area A: All land bounded by University Boulevard, Carroll Avenue, Merrimac Drive, Hammond Avenue, and Anne Street;
B. Area B: All land bounded by New Hampshire Avenue, University Boulevard, Anne Street, Kennewick Avenue, and Kirklynn Avenue;
C. Area C: All land bounded by New Hampshire Avenue, Kirklynn Avenue, Hammond Avenue, and Holton Lane, except lots 13, 14, 15, 16, 17, 18 and 19;
D. Area D: All land bounded by University Boulevard, New Hampshire Avenue, Holton Lane, and the eastern corporate limits of the City; and
E. Area E: All land bounded by Holton Lane, New Hampshire Avenue, parcels B and C of the property known as the “Cohen Brothers’ Property” recorded in the Land Records of Prince George’s County in Plat Book WWW55 at Plat No. 6, and the eastern corporate limits of the City. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-4)
8.36.050 Limitations on the powers of Authority.
The Authority shall not:
A. Be able to exercise the power of eminent domain;
B. Purchase, sell, construct or, as a landlord, lease office or retail space;
C. Except as otherwise authorized by law, engage in competition with the private sector; or
D. Enter into any contract, agreement, undertaking or obligation which could result in any pecuniary liability to the City or a charge against the general credit and taxing powers of the City. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-5)
8.36.060 Composition of the Authority.
A. Every business in the District is a member of the Authority and may participate in the activities of the Authority.
B. Every member of the Authority may vote on matters before the Authority except:
1. Exempt businesses;
2. Businesses that have not paid all fees that are due;
3. Any other business that is not in good standing under the bylaws. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-6)
8.36.070 Bylaws.
A. The Authority shall adopt bylaws consistent with the requirements of Section 5-214(b) of the Maryland Local Government Code Annotated and this chapter. A copy of the bylaws shall be provided to the City for its review.
B. An amendment to the bylaws cannot be adopted at the same meeting at which the amendment was introduced. The bylaws may be amended by a two-thirds vote of the members present. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-7)
8.36.080 Board of Directors—Officers.
A. The Authority shall be directed and administered by a Board of Directors elected by the voting members of the Authority in accordance with the bylaws.
B. The Board shall consist of not more than 11 voting members.
C. There shall be two types of Directors: at-large Directors and area Directors. Directors shall be equivalent in all respects and shall have the same rights, privileges, obligations and responsibilities.
D. There shall be not more than six at-large Directors elected to the Board.
E. There shall be not more than a total of five area Directors representing each of the areas described in Section 8.36.040, elected by the members in those areas as provided for in the bylaws.
F. The Board shall include one nonvoting ex officio Director who is a City official or employee designated by the City. The Board may also include, at the discretion of the Board, up to four additional nonvoting ex officio Directors.
G. In addition to the Chair and Vice Chair who are elected at large, the Directors shall elect two Directors as Secretary and Treasurer. These four Directors shall constitute the officers of the Authority. (Ord. 2021-24 § 1, 2021/Ord. 2018-45, 2018/Ord. 2014-32 § 1, 2014/prior code § 4A.1-8)
8.36.090 Budget.
A. The Board shall submit a proposed annual budget to the members of the Authority and the Mayor and Council of the City. The Board shall adopt a budget at a meeting of the Authority within 30 days of the date the proposed budget is submitted to the members and to City officials.
B. The Board may amend the budget without 30 days’ notice if the amendment involves less than the amount of money specified in the proposed annual budget. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-9)
8.36.100 Licenses.
Every business in the District must obtain an annual license issued by the Authority and pay the annual license fee. License fees are due and licenses shall be issued on or before the first day of July of each year. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/prior code § 4A.1-10)
8.36.110 License fees.
A. The annual license fee shall be based on the nature of the business and the number of square feet used in the business.
B. Exempt businesses do not pay any fees.
C. Enumeration of Fees.
1. The fees shall be as follows:
|
Category |
July 1, 2021 through June 30, 2026 |
|
|---|---|---|
|
Fee per Sq. Ft. |
Maximum Fee |
|
|
Retail |
$0.42 |
$4,000.00 |
|
Professional |
$0.25 |
$4,000.00 |
|
Hotel/Motel/Theater |
$0.18 |
$10,000.00 |
|
Property Owner |
$0.10 |
$10,000.00 |
2. License fees shall be rounded to the nearest dollar.
3. If a business falls in more than one license fee category, it shall be charged a license fee for each category in which the business falls.
D. Effective on July 1st of each year, beginning with July 1, 2017, all license fees shall be increased by an amount equal the percentage increase in the Consumer Price Index-All Urban Consumers All Items, Washington-Baltimore from March in the preceding year to March in the current year. The CPI shall be the CPI published as of March in each year. If there is no increase in the CPI-U, then the license fee shall remain the same.
E. License fees are nonrefundable and may be prorated for new businesses moving into the District during the course of the licensing period.
F. Unpaid license fees may be assessed a late fee of five percent per month for each month or portion of a month after July 1st that the license fee is unpaid.
G. The City Manager may, at his or her discretion and upon written request of the Board, assume responsibility for the billing and collection of license fees on behalf of the Authority. The Authority shall be responsible for all expenses incurred by the City.
H. The Authority, by vote of its Board, is empowered to institute suit to collect unpaid fees, late payment fees, plus all reasonable legal fees and costs incurred in this collection of unpaid fees.
I. The Board may appoint an appeals panel to hear all objections to the license fee set for each business. The only issues that may come before the appeals panel are whether:
1. The nature of the business has been accurately determined;
2. The number of square feet of space used by the business is correct; and
3. The fee has been correctly calculated based on the rate and the square footage. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/Ord. 2011-17 § 1, 2011/prior code § 4A.1-11)
8.36.120 Meetings.
A. The Board shall meet at least quarterly. The Authority shall meet at least once a year.
B. All meetings shall be open to the public, except for executive sessions as provided for in the bylaws. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/Ord. 2011-17 § 1, 2011/prior code § 4A.1-12)
8.36.130 Annual reporting.
The Authority shall prepare an annual report to the Council in July of each year and may provide additional briefings as needed. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014)
8.36.140 Expiration.
Unless extended by an ordinance adopted by the Council, Sections 8.36.010 through 8.36.130 will no longer have any effect and are repealed effective June 30, 2026. (Ord. 2021-24 § 1, 2021/Ord. 2014-32 § 1, 2014/Ord. 2011-17 § 1, 2011/Ord. 2001-34 § 1, 2001/prior code § 4A.1-13. Formerly 8.36.130)