BOWLING LANES AND BILLIARD, POOL OR BAGATELLE TABLES.
The annual license fee to keep or maintain a bowling lane, a billiard, pool or bagatelle table, or table of like kind, for public use, where any charge is made for the use of the same, shall be twenty-five dollars; but, if more than one of such lanes or tables is kept or maintained in the same building by the same person, the fee shall be twenty-five dollars for the first one and fifteen dollars for each additional one.
The licensee, his agents or employees shall not permit any person in any manner to bet or wager anything of value upon any game played upon such lanes or tables. Such licensee, his agents or employees shall not permit any person to bring any intoxicating liquors of any kind into such building or other place where such lanes or tables are located.
Persons keeping or maintaining billiard, pool or bagatelle tables or other tables of like kind, their agents or employees shall not permit any person under the age of eighteen years to play at such tables and shall not permit any such person under the age of eighteen years to remain or loiter, whether playing at such tables or not, in the room where such tables are located.
CIRCUSES, CARNIVALS AND OTHER ITINERANT SHOWS.
The license to exhibit a circus or menagerie, circus and menagerie combined, wild west show or other itinerant show not exhibited in a theatre, opera house or other permanent place for public shows shall be based upon the number of railroad cars or motor trucks used to transport property or equipment of such shows, but not including railroad cars or motor trucks used to transport the personnel thereof. If railroad cars are used, the fee shall be four dollars for each car for each day on which any performance is given; if motor trucks are used, the fee shall be five dollars for each truck for each day on which any performance is given.
The license fee to exhibit a street or other carnival shall be five dollars a week for each entertainment, performance or exhibition given at or in the vicinity of any such carnival. Each such entertainment, performance or exhibition shall require a separate license, whether or not shown under the same canvas and whether or not exhibited for additional compensation; and upon any such entertainment, performance or exhibition being concluded, so that an additional fee for admission is charged, an additional license fee shall be required for any further or additional entertainment, performance or exhibition. To operate any riding device of any kind at or in the vicinity of any street or carnival show, the fee shall be ten dollars a week for each such device.
To keep or maintain any concession stand selling services, goods, wares or merchandise, such as food, soft drinks, ice cream, candy floss and the like, at or in the vicinity of such street or carnival show, the fee shall be five dollars a week for each such concession. To maintain any concession stand, such as ball games, bongo, cane rack, penny pitch-til-you-win, striking machine, weighing machine, shooting gallery, artful dodger, bumper, fish pond, art game or other legitimate games of skill, none of which shall be controlled by the operator, at or in the vicinity of any street or carnival show, the fee shall be ten dollars a week for each such concession. To operate or maintain a candy wheel or any other legitimate merchandise wheels, when operated without control of the operator, the fee shall be twenty-five dollars a day. To operate or maintain rides of all kinds, the fee shall be ten dollars each a week; provided, that such games as roll downs, blowers, spinners, swinging ball, creepers, race tracks, spot the spot and all other games controlled by the operator are hereby forbidden, and no license shall be granted to any circus, show or street carnival where such games are operated; provided, further, that no circus, show or street carnival shall be licensed which has any gypsy fortune-tellers or gypsies connected therewith in any manner.
The provisions of this section shall not apply to any educational, literary, dramatic, musical or benevolent society or volunteer fire companies, not conducted for private profit, unless professional or paid talent, other than the director, is employed in such exhibitions.
COLLECTION AGENCIES.
The annual license fee to engage in the business of a collection agency within the City shall be one hundred dollars. For the purposes of this section, solicitation or collection by or through an agent operating within the City shall be considered to be engaging in the business of a collection agency within the City. Before such certificate of license is issued, the person applying for the same shall execute a continuing bond in the form prescribed by the Clerk with satisfactory corporate surety in the penalty of two thousand dollars, conditioned that such person will pay all damages resulting from any unlawful act or action by such person or his agent in connection with the conduct of the business of the collection agency. This bond shall be filed with the Clerk.
(Ord. 242. Passed 5-29-86.)
CONTRACTORS
(a) “Contractor” is any person, firm or corporation engaging or offering to engage, for compensation, in the erection, alteration, maintenance, repair or demolition of any building or structure or the installation, alteration, maintenance or repair of any building service equipment. The term shall include those engaged in the construction, maintenance, or repair of public and private roads, bridges, water and sewage systems, and other similar or related projects. The term shall not include any person who performs such work with respect to any property owned or leased by that person or any regular maintenance employee thereof.
(b) No person shall engage in the business of contracting without first obtaining a license as hereinafter provided, nor shall a person continue to engage in any such activity after this license has expired, been suspended or revoked. It shall be the responsibility of every general contractor to hire only such subcontractors as are licensed under this section. No license shall be issued or renewed and no building permit shall be granted unless the contractor’s City Business and Occupation Taxes are paid for the previous year. No license shall be issued or renewed unless the applicant possesses a valid WV State Contractor’s License.
(c) City License Issuance and Fees.
(1) An application for a contractor’s license shall be made to the office of the City Clerk, on such forms as may be required or prescribed by the City Clerk, and shall be available for public inspection.
(2) Upon approval of the application, a fee of $25.00 per year shall be paid to the City Clerk, whereupon the license shall be issued. Contractor’s licenses shall be valid for a period of one year beginning July 1st of each year. Any license which is not renewed prior to expiration may be reissued within one year by the payment of the regular annual renewal fee plus a late fee of $5.00. Any license which lapses for period of one year or more shall be reissued as an initial license and subject to fees for same. Fees for initial licensing shall be prorated by calendar quarters.
(3) No license issued hereunder shall be transferable. A contractor shall not be issued a building permit unless he possesses a valid City Contractor’s License.
(d) Suspension or Revocation of License.
(1) A Contractor’s License may be revoked or suspended in accordance with the Mannington City Code; cause for such action includes but is not limited to:
A. Willful or deliberate violation, by the licensee, of the building or related codes of the city of Mannington.
(2) Suspension or revocation of the contractor’s WV State License shall automatically result in the suspension or renovation of the license issued by the City of Mannington.
(e) If any section, sentence, clause or phase of this article shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this article which shall continue in full force and effect, and to this end the provisions of this article are hereby declared to be severable.
(1978 Code Sec. 11-8.1)
EMPLOYMENT AGENCIES.
The annual license fee to conduct the business of an employment agent, to receive applications for employment or to hire or contract with persons for employment shall be two hundred dollars; except, that the annual license fee for an agency or registry for the employment of nurses, practical nurses or undergraduate nurses shall be twenty-five dollars.
When used in this section, the term “employment agent” shall be deemed to mean and include the same persons as defined in Section 21-2-4 of the Code of West Virginia.
FORTUNE-TELLERS, CLAIRVOYANTS, ETC.
The annual license to act as a fortune-teller, palmist, phrenologist, spiritualist, medium, clairvoyant, mind reader or any other person who performs the art or profession of telling the past or fore-casting the future shall be two hundred dollars.
GASOLINE RETAILERS AND WHOLESALERS.
The annual license fee for gasoline retailers shall be one dollar. The annual license fee for gasoline wholesalers shall be five dollars.
HAWKERS AND PEDDLERS
(a) The annual license fee to act as a hawker or peddler, if the person licensed travels without a motor vehicle, shall be ten dollars; if he travels with a motor vehicle of not more than one-half ton capacity, fifteen dollars; if he travels with a motor vehicle of more than one-half ton capacity, but not exceeding one ton capacity, fifty dollars, if he travels with a motor vehicle of more than one ton capacity, but not exceeding two tons’ capacity, one hundred dollars; and if he travels with a motor vehicle of more than two tons’ capacity, one hundred dollars, plus one hundred dollars for each additional ton or fraction thereof over two tons’ capacity; and the person licensed shall pay at the same rate for each and every motor vehicle so used. Such person shall carry his license in some conspicuous place in his vehicle or about his pack; and he shall cause to be painted or stenciled in a conspicuous place on the left hand side of his vehicle the number of such license and the words “West Virginia Hawker and Peddler” and “Mannington Hawker and Peddler” and the license year for which such license is issued, which such information shall be in black letters on a white background, and the whole thereof shall be at least eight by twenty inches in size.
When used in this section, the term “sale” shall mean and include both sales for money payment or for barter, and offers to make any such sale and offers to render any service or the rendering thereof.
Any person who shall carry goods, wares or merchandise from place to place, in person or by agent or employee, and sell, for delivery at the same time, any such goods, wares or merchandise to any purchaser, at wholesale or retail, and any person who shall solicit for the purpose of rendering any service, shall be deemed a hawker or peddler under this section.
(b) The provisions of this section shall not apply to any person who sells any goods, wares or merchandise to be delivered in the future; or to any of the following who offer immediate delivery of the goods, wares or merchandise being sold:
(1) Any person engaged within the City in the business or calling of agriculture, horticulture or grazing, who sells, individually or collectively, the products derived from his business or calling.
(2) Any person engaged in the maintenance or operation of a retail merchandise store to exchange goods, wares or merchandise from such store for agriculture, horticultural or grazing products or to resell any such products received in due course of such business; nor to any other retail business concern, established and operating continuously for one year or more within the City in the sale of any product over regular routes.
(3) Any wholesaler or jobber selling soft drinks or nonintoxicating beer for which he is duly licensed under other provisions of this article.
(4) Any person who sells petroleum products, ice, wood, meat, milk, ice cream, bread, cakes, pies and other bakery products, butter and eggs, manufactured, grown or produced by any such person and not purchased by him for resale.
(5) Any society, group or organization acting for charitable, religious or benevolent purposes.
(6) Any agent or salesman selling manufactured products, except green groceries and canned or bottled fruit products, produced by his employer, and who sells the same to retail dealers for the purposes of resale.
(7) Any person having a stock of goods or merchandise, or a manufacturing or processing plant kept or operating at a fixed situs in the State and declared for taxation in the county where located, and using a vehicle over a fixed route for the purposes of selling or distributing, at wholesale, his merchandise, stock of goods or plant products; provided, that any person exempt from such license as above provided shall obtain from the tax Commissioner and City Clerks a license receipt, without cost, showing that he is so exempt, which shall be effective for the period as provided for annual licenses in this article and shall be coextensive with the entire State; but to obtain such license receipt he shall make an affidavit and produce such other evidence as to the fact entitling him to such exemption as the Tax Commissioner and City Clerk, in his discretion, may require, which shall be on a form to be prescribed by the Tax Commissioner and City Clerk.
ITINERANT VENDORS.
The annual license fee for itinerant vendors shall be five hundred dollars.
JUNK DEALERS, JUNK DEALERS’ AGENTS AND ITINERANT JUNK COLLECTORS.
(a) The term “junk,” as used in this section, shall mean old or scrap gold, copper, brass, rope, rags, batteries, paper, rubber, automobile parts, iron, steel and other old scrap ferrous or nonferrous metals.
The term “junk dealers” shall include all persons engaged in the business of buying or selling junk.
The term “junk dealer’s agents” shall include all persons who buy or sell junk for or on behalf of a junk dealer, but the term “ junk dealer’s agent” shall not be construed to include any person regularly employed upon a salary by a regularly licensed junk dealer engaged in such business within the City.
The term “itinerant junk collector” shall include only such persons who gather junk from place to place with the aid of a cart or vehicle, hand drawn or propelled, who have no fixed place of business.
The term “nonresident junk dealer” or “nonresident junk dealer’s agent” shall include all persons who act as junk dealers or junk dealer’s agents who are nonresidents of the City and all firms so engaged whose members are nonresidents of the City.
(b) No person within the City shall engage in the business of junk dealer, junk dealer’s agent or itinerant junk collector without a City license therefor, which license shall be issued as provided in this article; provided, that no resident license shall be issued to any junk dealer, junk dealer’s agent or itinerant junk collector who has not been a resident of the State for a period of at least one year prior to the application for such license.
(c) No corporation or firm shall engage in the business of junk dealer or junk dealer’s agent in the City unless the officers or agents of such corporation or firm who engage in such business in behalf of such corporation or firm shall be eligible to be duly licensed as a resident junk dealers or junk dealer’s agents in accordance with the provisions of this section.
(d) The annual license fee to act as a resident junk dealer shall be twenty-five dollars; to act as a resident junk dealer with no yard for storing, twenty-five dollars; to act as a resident junk dealer’s agent, ten dollars; to act as a nonresident junk dealer or his agent who buys or solicits for the purchase of junk within the City, one hundred fifty dollars; to act as an itinerant junk collector, two dollars. Such licenses shall be coextensive with the City, but no nonresident licensee shall be permitted to maintain a fixed place of business within the City; provided, that any nonresident junk dealer may purchase junk from any resident junk dealer without complying with the provisions of this section, but if such nonresident junk dealer comes into the City in any motor vehicle or horse drawn vehicle, such nonresident junk dealer shall not be permitted to transport from the City in such vehicle or horse drawn wagon junk purchased from resident junk dealers, unless there is a compliance with this section.
(e) Every resident junk dealer shall certify to the Clerk the names of the agents for whom he desires license certificates and shall give to each agent so engaged by him a certificate of authority, which certificate the agent shall at all times keep with his license, and no such junk dealer’s agent’s license shall be valid and effective without such certificate of authority. The Clerk shall give to each license certificate a numerically designated permit, and such permit so given shall be plainly stenciled or printed as “Dealer’s Permit No. ,” “Agent’s Permit No. ,” “Itinerant Collector’s Permit No. “ or Nonresident Permit No. ,” as the case may be, upon both sides of all trucks or otherwise vehicles used in the collecting and transporting of junk. However, the Clerk shall not issue a junk dealer’s agent’s license until the applicant therefor shall first have presented a certificate from a duly licensed junk dealer showing such authorization, and no license shall be issued to a junk dealer’s agent or itinerant junk collector unless he shall file with the Clerk an affidavit setting forth that such applicant has not been convicted of a felony, that he has not been convicted of a misdemeanor in connection with the junk business within a five year period to the time of his application, and in the event the application is for a resident dealer’s license, that he has resided in the State for a period of one year next preceding the date of his application, which such certificate and affidavit shall be filed by the Clerk in his office.
No license under this section shall be transferable.
No person who has been convicted of a felony shall be licensed as a junk dealer, junk dealer’s agent or itinerant junk collector, and no person convicted of a misdemeanor in connection with the junk business within a five year period prior to the passage of this article shall be licensed as a junk dealer, junk dealer’s agent or itinerant junk collector.
No person engaged in the business shall engage a person as a junk dealer’s agent who is ineligible to receive a resident junk dealer’s or junk dealer’s agent’s license. Any license issued upon false affidavit or any improper license issued hereunder shall be ipso facto void.
(f) Any person who shall violate the provisions of this section shall be subject to the applicable provisions of Section 61-3-49 of the Code of West Virginia.
PAWNBROKERS.
The annual license feet to engage in the business of pawnbroker shall be one hundred dollars. The term “pawnbroker” shall include any person engaged in the business of lending money on deposit or pledge of personal property or other valuable thing, other than securities or printed evidence of indebtedness, or in the business or purchasing personal property, such as articles made of or containing gold, solver, platinum or other precious metals or jewels of any description, for the purpose of reducing or smelting them into any form different from their condition or construction when purchased and reselling or marketing the product.
SLOT MACHINES AND AUTOMATIC DEVICES.
The annual license fee to keep or maintain an automatic baggage or parcel checking machine or device which is used for the storage of baggage or parcels of any character shall be fifty cents for each section of any such device which is operated on the coin-in-the-slot principle; the annual license fee to keep or maintain any automatic toilet locker or device shall be fifty cents for each such locker or device; the annual license fee to keep or maintain a machine or device for the dispensing of sanitary napkins shall be fifty cents for each such machine or device; the annual license fee to keep or maintain an automatic laundromat or car wash machine or device shall be fifteen dollars for up to five such machines or devices, three dollars each for six to nine such machines or devices and thirty dollars for ten or more such machines or devices.
The annual license fee to keep or maintain amusement or music devices shall be as follows:
Less than 20 devices: .01 device .05 device .10 device .10 plus device | $2.00 each device 5.00 each device 10.00 each device 12.50 each device |
More than 20 devices: .01 device .05 device .10 device .10 plus device | $50.00 150.00 225.00 300.00 |
The annual license fee to keep or maintain any other automatic merchandise or service device shall be as follows:
Les than 20 devices: .01 device .05 device .10 device .10 plus device | $2.00 each device 5.00 each device 10.00 each device 12.50 each device |
More than 20 devices: .01 device .05 device .10 device .10 plus device | $50.00 100.00 150.00 250.00 |
The term “slot machine,” when used in this section, shall not be deemed to mean or include any pay telephone or postage stamp vending machine operated on the coin-in-the-slot principle.
Each application for the license required in this section shall contain the number of such machines or devices to be kept or maintained by the licensee within the City during the ensuing license year. One license certificate shall be issued to each person keeping or maintaining such machines or devices as aforesaid, but the City Clerk shall issue to any such licensee a decalcomania stamp or other evidence of license for each such machine or device, which decalcomania stamp or other evidence of license shall be securely attached to the side or front of each such machine or device properly protected and plainly visible. Every such machine or device shall also bear on the side or front thereof, so as to be plainly visible, the name and address of the person keeping or maintaining such machine or device.
The proprietor or owner of the business conducted in the place where such machine is kept or maintained is charged with the responsibility of satisfying himself that such decalcomania stamp or other evidence of license is so attached before permitting its installation in his place of business, and in the event the owner of any automatic machine or device refuses, neglects or fails to pay the license fee due upon any such machine or device, the proprietor or owner of the business conducted in the place where such machine is installed, operated or maintained shall be liable for the payment of such license fee, and upon his refusal or failure to pay such fee, the Clerk may take such machine or device into possession and deliver the same to the City Police on his own initiative, or upon order or direction of the Clerk, may take such machine or device into possession, and in either event such machine or device shall be impounded until such license fee is paid; in the event the license fee and penalties are not paid to the City Police within ten days after the date of such impounding, the City Police shall sell such machine or device in the manner provided by law for the sale of personal property for taxes, and from the proceeds thereof shall discharge and pay the license fee due on such machine or device and their costs, including costs of impounding, storage, penalties and other fees due them; and the balance, if any, shall be forfeited to the City.
Except where the principal business of the operator of the store is the operation of such machines or devices, no license fee shall be required of persons keeping or maintaining such machines or devices owned by them in their own licensed stores; provided, that any person exempt from such license shall obtain from the City Clerk a license receipt, decalcomania stamp or other evidence of exemption, at a cost not to exceed fifty cents each, showing that he is so exempt, which shall be effective for the period as provided for annual licenses in this article; but to obtain such license receipt or other evidence of exemption, he shall make an affidavit and produce such other evidence as to the fact entitling him to such exemption as the Clerk, in his discretion, may require, which shall be on a form to be prescribed by the Clerk.
THEATRES AND OTHER PERMANENT PLACES OF PUBLIC SHOWS.
A theatre, opera house or other permanent place for public shows may be kept or maintained upon the payment of a license fee of ten dollars for three months, fifteen dollars for six months or twenty dollars for one year.
(Ord. 242. Passed 5-19-86.)
TRADING STAMPS OR CERTIFICATES.
The annual license fee to sell or offer for sale merchants’ trading stamps, premium stamps or stamps or certificates of like nature, or to undertake to redeem such stamps or certificates in money or goods, shall be one hundred seventy-five dollars; provided, that this section shall not apply to any coupon or similar device issued and redeemed by a manufacturer or packer.
(1978 Code Sec 11-26)