(A) Licenses generally. No person shall, without a currently valid city license, engage in or prosecute within the city any of the businesses, occupations, activities, trades or employments named in § 38.083. The license taxes hereinafter specified are hereby levied on every person engaging in or prosecuting, within this city, any such businesses, activities, trades or employments. The license taxes prescribed in said § 38.083 are levied on an annual basis, commencing July 1 of each year, expiring on the following June 13, and are not proratable if taken out during the license year nor shall fees paid be refundable if a license is revoked, suspended or business ceased during the license year.
(B) Coin-operated merchandise, service, music and amusement devices.
(1) Persons owning and operating coin-operated merchandise, service, amusement or music devices or vending machines shall obtain the annual municipal license or licenses required by § 38.083. The city will not furnish decal stamps for these devices; however, the owner shall identify each machine by installing on each device an identification label, plainly legible and visible, in such a manner that the machine need not be moved to observe the identification label, and the identification label shall contain the name of the owner, his or her license number, his or her street address and the name of city and state.
(2) The liability for the license to operate any type of coin-operated merchandise, service, amusement or musical device or vending machines shall be upon the owner of the machine. The ownership shall be established by either a bill of sale, paid invoice or a conditional sales contract which has been recorded in the City Recorder’s office. The leasing of such a machine shall not be considered to be a transfer of ownership of the machine and where a lessor-lessee relationship exists; the lessor shall be liable for the applicable license tax.
(3) The operator of more than one type of such device shall pay the highest fee prescribed.
(4) Any device taking more than one denomination of coin or paper money shall be licensed on the basis of the largest denomination of coin or paper money taken or the total of the coins necessary to make the device function or operate.
(5) No license tax shall be required of any store or business owning and operating such machines or devices owned by them in their own licensed stores; provided, that where the principal business is the operation of the machine or devices, then licenses shall be obtained as outlined above; provided however, that any person exempt from or not liable for such license shall identify each machine by installing on each device an identification label, plainly legible and visible, in such a manner that the machine need not be moved to observe the identification label, and the identification label shall contain the name of the owner, his or her store license number, his or her street address and the name of city and state.
(6) The provisions of this subchapter shall not be applicable to any pay telephone, postage stamp vending machines or currency changing machines operated on the coin-in-the-slot principle.
(7) The provisions of this subchapter shall not be applicable to any limited video lottery terminals or on the operation of racetrack video lottery terminals.
(C) Circuses, carnivals and other public shows.
(1) The municipal license to exhibit a circus or other itinerant show not exhibited in a theater or other permanent place for public shows, shall be based upon the number of railroad cars or motor vehicles used to transport the property or equipment of such shows, but not including railroad cars or motor vehicles used to transport the personnel thereof. In addition to the license taxes stated in § 38.083, if railroad cars are used, the tax shall be $4 for each car for each day on which any performance is given, and if motor vehicles are used, the tax shall be $3 for each motor vehicle for each day on which any performance is given.
(2) The municipal license to exhibit a street or other carnival shall be issued for a period of a week and shall be 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; upon the conclusion of any such entertainment, performance or exhibition, the City Recorder shall determine if an additional license tax for admission is to be imposed and collected.
(3) The municipal license to operate any riding device of any kind at or in the vicinity of any street or carnival show shall be issued for a period of a week.
(4) The municipal license to keep or maintain any concession stand selling service, 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, shall be issued for a period of a week for each such concession.
(5) The municipal license to maintain any concession stand such as ball games, striking machine, weighing machine, shooting gallery, artful dodger, bumper, fish pond, dart 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, shall be issued for a period of a week for each such concession.
(6) The municipal license to operate or maintain a candy wheel or any other legitimate merchandise wheels, when operated without control of the operator, shall be issued for a period of a day.
(7) The municipal license to operate or maintain rides of all kinds shall be issued for a period of a week.
(8) No municipal license shall be granted to any circus, show or street carnival where games such as the following are operated: roll downs, blowers, spinners, swinging ball, creepers, race tracks, spot the spot, and all other games controlled by the operator.
(D) Junk dealers and collectors.
(1) A municipal license shall be required to act as a resident junk dealer, a junk dealer’s agent, a nonresident junk dealer or his or her agent who buys or solicits for the purchase of junk within the city, or an itinerant junk collector. A nonresident junk dealer may purchase junk from any resident junk dealer without complying with the provisions of this subchapter.
(2) No person within the city shall engage in the business of a junk dealer, junk dealer’s agent or itinerant junk collector without having obtained a state license to operate a salvage yard.
(3) 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 the business of junk dealer or junk dealer’s agent, in behalf of such corporation or firm shall be eligible to be duly licensed as resident junk dealers or junk dealer’s agent in accordance with the provisions of this section.
(E) Hawkers and peddlers.
(1) A municipal license shall be required to act as a hawker or peddler.
(2) This division (E) does 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 being sold:
(a) Any person engaged within this state in the business or calling of agriculture, who sells the products derived from his or her business or calling of agriculture; provided, that if such person also purchases agricultural products for resale, such person is not exempt from the requirement to obtain a municipal license;
(b) Any wholesaler or jobber selling soft drinks or non-intoxicating beer for which he or she is duly licensed under other provisions to make such sales;
(c) Any sales by societies, groups or organizations acting for charitable, religious or benevolent purposes; and
(d) Any agent or sales person who sells to retail dealers for the purpose of resale manufactured products produced by his or her employer.
(F) Collection agencies. A municipal license is required to engage in the business of a collection agency within this city. For purposes of this section, any such collection agency shall be licensed as a collection agency under the authority of W. Va. Code Chapter 11, as amended. Additionally, solicitation or collection by or through an agent operating within this city shall be considered to be engaging in the business of a collection agency within this city.
(G) Employment agents. A municipal license is required to engage in the business of an employment agent in this city. An employment agent receives applications for employment, and hires or contracts with persons for employment; provided, that any such agency or registry operated by a registered professional nurses association or any district subdivision thereof for the exclusive benefit of its registrants and not for profit is not subject to the municipal license requirement imposed on an employment agent.
(H) Store license taxes.
(1) It is unlawful for any person to establish, operate or maintain any general or special store in this city without first having obtained the annual license to do so from the City Recorder.
(2) The following are exempt from the requirement to obtain a license to establish, operate or maintain either a general or special store:
(a) The United States of America, the State of West Virginia and its political subdivisions;
(b) Religious and charitable organizations; and
(c) Any person engaged within this state in the business of producing agricultural products who, individually or collectively, sell in such store only agricultural products which he or she or they have produced; provided, that if such person purchases agricultural products for resale, such person shall be required to obtain the license herein required.
(I) Street vendor.
(1) Operation without license unlawful; failure to display license unlawful. No person shall engage in the business or trade of street vendor without first obtaining a license from the City Recorder. The license shall be displayed conspicuously at all times upon the vendor’s table, cart, container or other sales location. Any and all additional licenses or permits required pursuant to law shall be displayed conspicuously at all times upon the vendor’s table, cart, container or other sales location. Failure to obtain a license from the City Recorder shall be an offense subject to a fine of an amount not to exceed state law. Each day’s operation of such business without a license shall constitute a separate offense.
(2) License fees. The license fee for engaging in the trade or business of street vendor shall be $15 per fiscal year, or any portion thereof; provided, that a street vendor that affirmatively demonstrates by provision of a copy of its state business registration certificate or a similar document from the West Virginia Secretary of State that shows that it is a non-profit organization shall not be required to pay the $15 license fee.
(3) Application and issuance of vendor’s license; general liability insurance required; procedures.
(a) Each applicant for a vendor’s license shall file an application with the City Recorder in such form as prescribed by the City Recorder. The applicant may be an individual or a firm or corporation on behalf of an individual. In the case where a person, firm or corporation applied for the license on behalf of an individual, the license shall be issued in the name of the applicant and the license shall also bear the name of the vendor on whose behalf the license is issued.
(b) All food vendor applicants shall submit with their application evidence of approval from the Kanawha-Charleston Health Department for the type of food to be sold.
(c) No license shall be issued or shall remain in effect unless such vendor can demonstrate to the City Recorder proof of general public liability insurance in the aggregate sum of $500,000, naming the city as additional insured, with assurance that the city will be advised by the insurance carrier if the insurance is canceled. In addition, such vendor shall enter into a hold-harmless agreement with the city.
(4) Street sales. No person licensed as a vendor shall demonstrate, sell or offer for sale or barter any goods, wares, merchandise, food, confection or drink upon any street or sidewalk or any other city-owned property within the city except in accordance with all of the following provisions.
(a) No merchandise shall be displayed or sold except in the locations designated by the City Recorder, and approved by the City Council.
(b) No merchandise shall be displayed or sold in a manner that blocks, obstructs or restricts the free passage of pedestrians or vehicles in the lawful use of the sidewalks, streets or public places or ingress or egress to the abutting property.
(c) All merchandise shall be displayed or sold from portable tables, carts or containers as approved by the City Recorder. Each street vendor shall remove all merchandise, packaging, paper, display tables, carts or containers, or other materials brought to the location at the termination of sales each day.
(d) No street vendor’s table, cart, container or other appurtenances, paraphernalia, merchandise, supplies or signage shall occupy an area more than eight feet in width and 16 feet in length.
(e) Each street vendor during the period of selling shall keep the area within ten feet of the location where the street vendor sells or displays merchandise free from all litter and debris arising from the operations, including the litter that arises from action of customers in disposing of wrapping or packaging materials of merchandise sold by the street vendor.
(f) Street vendors shall at all times exercise reasonable care that their merchandise, packaging material, display equipment and other paraphernalia shall not create a safety or health hazard to customers or other persons using the public streets, sidewalks or public places, or to persons on or in abutting property.
(g) No street sales shall be conducted nor shall any display table, cart, container or other appurtenances be permitted on any public property between the hours of 12:00 midnight and 6:00 a.m. daily. Any other ordinance prescribing more restrictive hours shall prevail.
(h) No items of a pornographic nature shall be sold or displayed by street vendors.
(i) The playing of any radio, phonograph or any musical instrument or device in such a manner or with such volume as to annoy or disturb the quiet comfort and repose of store owners, employees or patrons in the vending area is prohibited.
(5) Exception. Nothing in this section shall be construed to prohibit the distribution or the sale of newspapers on the sidewalks.
(Prior Code, § 733.13) (Ord. 09-06, passed 7-21-2009; Ord. 12-6, passed 9-18-2012) Penalty, see § 38.999