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 a 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. Volunteer fire companies and rescue squads;
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 6 or more guest rooms where temporary lodging is provided for compensation.
“Professional” means any establishment that:
1. Sells goods other than retail or services directly to ultimate consumers; and
2. Uses space that does not have direct access to:
a. The street;
b. The ground floor of a building;
c. A mall; or
d. Parking lot of a shopping center or mall.
“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.
“Warehouse” means a building used for the storage of goods or materials. (Ord. 2000-4 § 1, 2000: prior code § 4A.1-1)

A. Pursuant to Article 23A, Section 2(b)(35), of the Annotated Code of Maryland, there is established the Takoma/Langley Commercial Management District and the Takoma/Langley Crossroad Development Authority, as an independent entity.
B. The Authority shall incorporate and obtain liability insurance. (Prior ode § 4A.1-2)

The purpose of the Authority shall be to promote and market the district, and to provide security, maintenance and amenities within the district. (Prior code § 4A.1-3)

The Takoma/Langley Crossroads Commercial Management District is described as follows:
A. All land bounded by University Boulevard, Anne Street, Kennewick Avenue, Kirklynn Avenue and New Hampshire Avenue;
B. All land bounded by New Hampshire Avenue, Kirklynn Avenue, Hammond Avenue and Holton Lane, except lots 13, 14, 15, 16, 17, 18 and 19;
C. All land bounded on the north by University Boulevard, the west by New Hampshire Avenue, the south by Holton Lane and extending to the east to the eastern limits of the City;
D. All land bounded on the east by the corporate limits of the City, the north by Holton Lane, the west by New Hampshire Avenue and extending south to include 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. (Prior code § 4A.1-4)

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. (Prior code § 4A.1-5)

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. (Prior code § 4A.1-6)

A. The first meeting of the members of the Authority must be announced 14 days in advance. At that meeting, a majority of the voting members present shall adopt bylaws consistent with the requirements of Article 23A, Section 2(b)(35), of the Annotated Code of Maryland 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. (Prior code § 4A.1-7)

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 include one voting Director from each of the following areas, elected by the members in those areas (and any other areas provided for in the bylaws). The boundaries of these areas shall be established in the bylaws:
1. Southwest quadrant;
2. Southeast quadrant north of Holton Lane;
3. Holton Lane/Hampshire Place Property;
4. Langley Professional Building (7676 New Hampshire Avenue).
C. The voting members of the Authority shall elect at-large a Chair, Vice Chair and enough other Directors not to exceed 10.
D. Except as provided in the bylaws, there shall be no more than one at-large Director in each of the following categories:
1. Owner-operator;
2. Chain store;
3. Professional; and
4. Property owner.
E. The Board shall also include, as ex officio, nonvoting Directors:
1. The City Councilmember (or members) in whose Council Ward(s) the Takoma/Langley Commercial Management District is located, or a designee;
2. A representative of the State Secretary of the Department of Housing and Community Development;
3. A representative of the City of Takoma Park designated by the Mayor;
4. A representative of Prince George’s County designated by the County Executive; and
5. A representative of Montgomery County designated by the County Executive.
F. In addition to the Chair and Vice Chair who are elected at-large, the Directors shall elect 2 Directors as Secretary and Treasurer. These 4 Directors shall constitute the officers of the Authority. (Prior code § 4A.1-8)

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 as amount of money specified in the bylaws. (Prior code § 4A.1-9)

Every business in the District must obtain an annual license issued by the Authority. Failure to obtain an annual license, and to pay the annual license fee, shall be a Class C municipal infraction. (Prior code § 4A.1-10)

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:

2. 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. At the request of the Board, the City shall collect license fees on behalf of the Authority, as its agent. Unpaid license fees shall be assessed an additional late payment fee of 2% of the fee per month or any portion of a month. The City may charge the Authority for the expenses incurred in collecting fees and for the costs and attorney’s fees incurred by the City in connection with enforcement of the license requirement through the issuance and prosecution of municipal infraction citations. The Authority, by vote of its Board, is empowered to institute suit to collect unpaid fees, plus all reasonable legal fees incurred in this collection of unpaid fees.
E. The Board shall appoint an appeals panel as provided in the bylaws. The appeals panel shall 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. (Prior code § 4A.1-11)

A. The Board shall meet at least once a month. The Authority shall meet at least twice a year.
B. All meetings shall be open to the public, except for executive sessions as provided for in the bylaws. (Prior code § 4A.1-12)

Unless extended by an ordinance adopted by the Council, Sections 8.36.010 through 8.36.120 will no longer have any effect and are repealed effective January 1, 2012. (Ord. 2001-34 § 1, 2001: prior code § 4A.1-13)