PART SEVEN - BUSINESS REGULATION AND TAXATION CODE
Art. 715.     License Taxes.
Art. 721.     Public Utility Tax.
Art. 727.     Business and Occupation Tax.
Art. 733.     Intoxicating Liquor.
Art. 739.     Municipal Service Fees.
Art. 745.     Hotel Occupancy Tax.
ARTICLE 715
License Taxes
715.01   Definitions.
715.02   License required.
715.03   Certificate issued.
715.04   Conditions precedent to conducting business.
715.05   Illegal acts not sanctioned.
715.06   License term; fee.
715.07   Display of license certificate.
715.08   Transferability.
715.09   Name change not to terminate license privileges.
715.10   Distraint upon property.
715.11   Licensee in default; penalties.
715.12   Conducting business without license; penalty.
715.13   Collection of unpaid tax; report required.
715.14   Corporation landholding or charter taxes not affected.
715.15   Bowling alleys, billiard, pool and bagatelle tables.
715.16   Circuses, carnivals and shows.
715.17   Collection agencies.
715.18   Employment agents.
715.19   Junk dealers.
715.20   Pawnbrokers
715.21   Slot machines and automatic devices.
715.22   Trading stamps.
715.23   Electronic or video games.
715.24   Nonintoxicating beer license.
715.25   License fees for private clubs selling liquor.
715.26   General store license.
715.27   Hawker, solicitor, peddler or transient merchant license.
715.28   Annual license tax for distributors and selling of wine.
715.29   Retail liquor sales.
715.99   Penalty.
 
CROSS REFERENCES
Authority to levy - see W. Va. Code 8-13-4
715.01  DEFINITIONS.
   As used in this article:
   (a)   Except where otherwise defined, "person" means any natural person, partnerships, associations, corporations and all other organizations or groups by means of which any of the hereinafter specified businesses, activities, trades or employments are engaged in or prosecuted.
   (b)   "Collector" means the City representative of Ripley, West Virginia.
      (1960 Code 4-101)
715.02  LICENSE REQUIRED.
   No person shall without a license engage in or prosecute within the City any of the businesses, activities, trades or employments named in the following sections of this article.  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.
(1960 Code 4-102)
715.03  CERTIFICATE ISSUED.
   The license provided for in this article shall be issued in the form of a certificate by the City representative to any person making proper application therefor on forms to be prescribed and furnished by the City representative and tendering the license tax.  In addition to the required license certificate, there shall be required and issued at the time of the issuance of such certificate to the person owning coin-operated devices, a decalcomania stamp or other evidence of such license certificate for each coin-operated device licensed by the certificate.
   The City representative shall collect in full the proper taxes and fees and determine to his satisfaction that all of the conditions precedent to the granting of such license have been fulfilled by the applicant before issuing a certificate of license.
(1960 Code 4-103)
715.04  CONDITIONS PRECEDENT TO CONDUCTING BUSINESS.
   Payment in full of the proper tax and fee as specified in this article, the issuance of a certificate of license under the provisions of the preceding section and the fulfillment of all terms and conditions of such grant shall be conditions precedent to the transaction of any business, activity, trade or employment for which a license is required by this article.
(1960 Code 4-104)
715.05  ILLEGAL ACTS NOT SANCTIONED.
   Nothing in this article and no payment or issuance of any certificate of license under the provisions hereof, shall be deemed to legalize any act which otherwise may be in violation of law, or to exempt any person from any penalty prescribed for such violation.
(1960 Code 4-105)
715.06  LICENSE TERM; FEE.
   Except as may be herein otherwise expressly provided, all annual licenses issued under the provisions of this article shall be for a period of one year beginning on July 1 and ending on the following June 30; provided however, that no license for any purpose for any length of time shall be issued for less than two dollars ($2.00).  Any person applying for a license provided for hereunder on or after the first day of each year shall be issued a license for one-half year and shall pay one-half of the rate therefor except that in no case shall the charge be less than two dollars ($2.00)
(1960 Code 4-106)
715.07  DISPLAY OF LICENSE CERTIFICATE.
   Every person to whom a certificate of license is issued under the provisions of this article shall keep such certificate posted in a conspicuous position in the place where the privileges of such license are exercised, except as otherwise specifically provided for in this article.
   Such certificate of license shall be produced for inspection whenever required by the City representative or his agents.
(1960 Code 4-107)
715.08  TRANSFERABILITY.
   Every license issued under the provisions of this article shall confer a personal privilege only to transact the business, activity, trade or employment which may be the subject of the license and shall not be exercised except by the person holding the same and shall not be assignable.
(1960 Code 4-108)
715.09  NAME CHANGE NOT TO TERMINATE LICENSE PRIVILEGES.
   No changes in the name of the firm, nor the taking in of one or more new partners, nor the withdrawal of one or more members of the firm, so long as at least one member remains the same, shall be considered as terminating the privileges of any license granted to such partners or firm.
(1960 Code 4-109)
715.10  DISTRAINT UPON PROPERTY.
   The City representative, or his agents, may distrain upon any personal property, including intangibles of any person delinquent in the payment of taxes and penalties accrued and unpaid under the provisions of this article.
(1960 Code 4-110)
715.11  LICENSEE IN DEFAULT; PENALTIES.
   (a)   Any person engaging in or prosecuting any business, activity, trade or employment contrary to the provisions of this article, whether without obtaining a license therefor before commencing the same, or by continuing the same after termination of the effective period of any such license, shall in addition to paying the license tax, be liable to the following penalties:
      (1)   If the license tax to which he is subject is an annual one, or for a period of one month or more, ten percent (10%) of such tax for each month or part thereof during which he had been in default.
      (2)   If the license tax aforesaid is for any period less than one month, ten percent (10%) of such tax for each such tax period or part thereof during which he has been in default.  The City representative shall collect the full amount of the license and penalty therefor.
(1960 Code 4-111)
   (b)   Any person in possession of a license granted under Part Seven of the City Codified Ordinances found to have permitted one or more violations of State or municipal law to occur at the location of the business for which the license has been granted shall be subject to the revocation of said license.  Any person in possession of a license granted under Part Seven of the City Ordinances found to have permitted any condition at the location of the business for which the license has been granted, which condition constitutes a threat to the health or safety of the public, shall be subject to the revocation of said license.
   (c)   Upon written notice by the Mayor of Ripley, provided to the license holder by service of the same at the business location, the license holder shall appear before the Common Council and show cause why the license should not be revoked.  The notice shall advise the license holder of the condition or conditions and violation or violations which are alleged to have occurred at the business location.  The license holder shall have the right to present evidence in response to the notice  to show cause.
   (d)   If the Common Council should find by a preponderance of the evidence that one or more violations of State or municipal law have occurred at the location of the business for which the license has been granted, or that any condition at the location of the business for which the license has been granted constitutes a threat to the health and safety of the public, the Common Council shall have the right to revoke the license previously issued.  Any action taken by the Common Council to revoke said business license shall be subject to appeal to the Circuit Court of Jackson County.  Any such appeal shall be an appeal on the record established in the hearing before the Common Council and shall not be an appeal de novo.
   (e)   All licenses issued by the City of Ripley prior to and after the adoption of this amendment to Section 715.11 shall be subject to revocation under this article.
(1-29-07)
715.12  CONDUCTING BUSINESS WITHOUT LICENSE; PENALTY.
   Any person engaging in or prosecuting any business, activity, trade or employment contrary to the provisions of this article whether without obtaining a license therefor before commencing the same, or by continuing the same after the termination of the effective period of any such license, shall, in addition to all other penalties provided for in this article be liable to the payment of all back taxes and penalties for a period not exceeding five years.
(1960 Code 4-112)
715.13  COLLECTION OF UNPAID TAX; REPORT REQUIRED.
   (a)   The City representative may collect any license tax and penalty unpaid under the provisions of this article by action in debt, motion for judgment or other appropriate proceeding.
   (b)   The City representative shall make a complete report monthly to Council of all of the official activities and shall complete and deliver to the City Treasurer a list of licenses issued by them, as well as all money collected.
(1960 Code 4-113; 4-114)
715.14  CORPORATION LANDHOLDING OR CHARTER TAXES NOT AFFECTED.
   None of the provisions of this article shall affect any of the sections dealing with corporation landholding or charter taxes, unless specifically so provided.
(1960 Code 4-115)
715.15  BOWLING ALLEYS, BILLIARD, POOL AND BAGATELLE TABLES.
   (a)   The annual license fee to keep or maintain a bowling alley, a billiard, pool or bagatelle table, or table of like kind, for public use, where any change is made for the use of the same, shall be fifteen dollars ($15.00).
   (b)   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 alleys or tables.  Such licensee, his agents or employees shall not permit anyone to bring any intoxicating liquors of any kind into such building or other place where such alleys or tables are located.
(1960 Code 4-117, 3-19-02)
715.16  CIRCUSES, CARNIVALS AND SHOWS.
   (a)   The license to exhibit a circus or menagerie, a circus and menagerie combined, wild west show or other itinerant show not exhibited in a theater, opera house or other permanent place for public shows, shall be based upon the number of railroad cars or motor trucks used to transport the 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 ($4.00) for each car for each day on which any performance is given.  If motor trucks are used, the fee shall be three dollars ($3.00) for each truck for each day on which any performance is given.
   (b)   The license fee to exhibit a street or other carnival shall be five dollars ($5.00) 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 ($10.00) a week for each such device.
   (c)   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 ($5.00) a week for each such concession.
   (d)   To maintain any concession stand such as ball games, bingo, cane rack, penny pitch-till-you-win, striking machine, weighing machine, shooting gallery, artful dodger, bumper, fish pond, dart game or other legitimate games of skill, none of which is controlled by the operator, at or in the vicinity of any street or carnival show, the fee shall be ten dollars ($10.00) a week for each such concession.
   (e)   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 ($25.00) a day.
   (f)   To operate or maintain rides of all kinds, the fee shall be ten dollars ($10.00) each, a week.
   (g)   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.
   (h)   No circus, show or street carnival shall be licensed which has any gypsy fortune tellers or gypsies connected therewith in any manner.
   (i)   The provisions of this article shall not apply to any educational, literary, dramatic, musical or benevolent society, or volunteer fire companies, not conducted for private profit, where such exhibitions are confined to one county, unless professional or paid talent, other than a director, is employed in such exhibitions.
(1960 Code 4-118)
715.17  COLLECTION AGENCIES.
   For purposes of this article, 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.
   The annual license fee to engage in the business of a collection agency within this City shall be fifteen dollars ($15.00).
(1960 Code 4-119)
715.18  EMPLOYMENT AGENTS.
   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 fifteen dollars ($15.00) and the annual license fee for an agency or registry for the employment of nurses, practical nurses or undergraduate nurses shall be fifteen dollars ($15.00).
(1960 Code 4-120)
715.19  JUNK DEALERS.
   (a)   Definitions.
      (1)   "Junk" as used in this article means old or scrap gold, copper, brass, rope, rags, batteries, paper, rubber, automobile parts, iron, steel and other old scrap ferrous or nonferrous metals.
      (2)   "Junk dealers" includes all persons engaged in the business of buying or selling junk as hereinabove defined.
      (3)   "Junk dealers's agents" includes all persons who buy or sell junk as hereinbefore defined for or on behalf of a junk dealer, as hereinabove defined, but "junk dealer's agent" shall not be construed to include any persons regularly employed upon a salary by a regularly licensed junk dealer engaged in such business within the City.
      (4)   "Itinerant junk collector" includes 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.
      (5)   "Nonresident junk dealer" or "nonresident junk dealer's agent" includes 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 and all corporations which have not been admitted to hold property and transact business in the State.
 
   (b)   License Required.
      (1)   No person within the City shall engage in the business of junk dealer, junk dealer's agent or itinerant junk collector without a license therefor, which license shall be issued as provided in this article.
      (2)   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 City for a period of at least one year prior to the application of such license.
      (3)   No corporation or firm shall engage in the business of junk dealer or junk dealer's agent in the City unless the officer or agent of such corporation or firm who engages in the business of junk dealer or junk dealer's agent, in the behalf of such corporation or firm, is eligible to be duly licensed as resident junk dealer or junk dealer's agent in accordance with the provisions of this article.
 
   (c)   Fees.  The annual license fee to act as a resident junk dealer shall be twenty-five dollars ($25.00); to act as a junk dealer's agent, ten dollars ($10.00); to act as a nonresident junk dealer or his agent who buy or solicits for the purchase of junk within the City, one hundred fifty dollars ($150.00); to act as an itinerant junk collector, two dollars ($2.00).
 
   (d)   Nonresident Junk Dealers.  No nonresident licensee shall be permitted to maintain a fixed place of business within the City.  Any nonresident junk dealer may purchase junk from any resident junk dealer without complying with the provisions of this article, but if such nonresident junk dealer comes into the City in any motor vehicle or horse drawn vehicle, the 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 compliance with this article.
 
   (e)   License Certificate and Permit.  Every resident junk dealer shall certify to the City Collector, the name or names of the agents for whom he desires a license certificate 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 license shall be valid and effective without such certificate of authority.  The City Collector shall give to each license certificate a numerically designated permit, and such permit shall be plainly stenciled or printed as "Dealer's Permit No.            .", "Agents Permit No.            ", "Itinerant Collector's Permit No.            ", "Nonresident Permit No.              ," as the case may be upon both sides of all trucks or other vehicles used in the collecting and transporting of junk.  The City Collector shall not issue a junk dealer's agent's license until the applicant therefor first presents 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 files with the City Collector 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 that in the event the application is for a resident dealer's license that he has resided in the City for a period of one year next preceding the date of his application, which certificate and affidavit shall be filed by the City Collector issuing the license in his office.
 
   (f)   License Transferabilty.  No license hereunder shall be transferable.
 
   (g)   License Ineligibility.
      (1)   No one who has been convicted of a felony shall be licensed as a junk dealer, junk dealer's agent or itinerant junk collector, and no one 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.
      (2)   No person engaged in the junk 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 ispo facto void.
         (1960 Code 4-121)
715.20  PAWNBROKERS.
   (a)   "Pawnbroker" includes any person, firm, partnership, association or corporation 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 of purchasing personal property, such as articles made of or containing gold, silver, platinum or other pervious 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.
 
   (b)   The annual license fee to engage in the business of pawnbroker shall be fifteen dollars ($15.00).
(1960 Code 4-122)
715.21  SLOT MACHINES AND AUTOMATIC DEVICES.
   (a)   Definitions.  "Slot machine", when used in this article, shall not be deemed to include any pay telephone or postage stamp vending machine or newspaper vending machine operated on the coin-in-the-slot principle.
 
   (b)   Fees.
      (1)   The annual license fee to keep or maintain any other automatic penny slot machine or device, which is not a gambling device under any law of this State, shall be at the rate of two dollars ($2.00) for each machine or device kept or maintained by the licenses.
      (2)   The annual license fee to keep or maintain any other automatic slot machine or device, which is not a gambling device as aforesaid, shall be at the rate of five dollars ($5.00) for each such machine or device kept or maintained by the licensee.
 
   (c)   License Application; Decalcomania Stamp.  Application for the licenses required herein shall contain the number of such machines or devices to be kept or maintained by the licensee within this 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 Collector 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.
 
   (d)   Business Proprietor's Responsibilities.
      (1)   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, then 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.
      (2)   It shall be the affirmative duty and obligation of any business proprietor, whether building owner or lessee, to report to the City Business Office, in writing, the fact that any automatic coin-operated slot vending or game machine has been installed or placed upon his place of business or upon a sidewalk immediately adjacent to his place of business, either by himself or any other person. Any business proprietor who fails to so notify the City Business Office within forty-eight hours of such placement (not counting weekends or holidays) shall be fined twenty-five dollars ($25.00) for each machine not so reported. Each day's continuation of such violation shall constitute a separate offense.  The City Business Office shall keep forms available upon which such reports may be made, and shall keep such forms on file.  Such forms shall require the name of the reporting proprietor, the address of the business premises where the machine(s) are located, the type and serial number of each of the machine(s) and the name and address of the owner of the machine(s).
         Any business proprietor who already has such machines located upon his business premises at the time of the passage of this section by approval of the second reading thereof by Council, is hereby required to report such machines to the City Business Office on or before thirty days following the second reading.  Any machine not reported after such thirty-day grace period shall be deemed to be in violation of this section.
      (3)   Upon the refusal or failure of the proprietor or owner to pay such fee, the City Collector or his agents may take such machine or device into possession and deliver the same to the Chief of Police.  The Chief of Police on his own initiative, or upon order or direction of the City Collector or his agents, may take such machine or device into possession, and in either event, such machine or device shall be impounded until the license fee is paid.
      (4)   In the event the license fee and penalties are not paid to the City Collector within ten days after the date of such impounding, then the City Collector 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 his costs, including cost of impounding, storage, penalties and other fees due the City and the balance, if there is any, shall be forfeited to the City.
 
   (e)   License Fee Exemptions.
      (1)   Except where the principal business of the operation of the storage 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.
      (2)   Any person exempt from such license shall obtain from the City Collector, a license receipt, decalcomania stamp or other evidence of exemption 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 City Collector, in his discretion, may require, which shall be on a form to be prescribed by the City Collector.
         (1960 Code 4-123)
715.22  TRADING STAMPS.
   (a)   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 ($175.00).
 
   (b)   This article shall not apply to any coupon or similar device issued and redeemed by a manufacturer or packer.
(1960 Code 4-124)
715.23  ELECTRONIC OR VIDEO GAMES.
   (a)   The annual license tax to operate or maintain an electronic or video game as defined below shall be fifteen dollars ($15.00) per game machine.
 
   (b)   "Electronic or video game" includes games which, for a fee, allow the player to manipulate characters, paddles, weapons or the like upon a video screen or playing surface.
 
   (c)   Whether a particular game constitutes an "electronic or video game" shall be determined  in the sound discretion of the individual or department responsible for the issuance of licenses from the City.
 
   (d)   The lessor of such machine shall be liable for the license tax if a leasing or rental arrangement is involved; otherwise, the owner of such machine shall be liable for the license tax.
(1960 Code 4-125)
715.24  NONINTOXICATING BEER LICENSE.
   (a)   There is hereby levied an annual license tax upon all dealers in and of nonintoxicating beer holding a Class A beer license from the Alcohol Beverage Control Commissioner in the amount of fifty dollars ($50.00) for each place of business.
 
   (b)   There is hereby levied an annual license tax upon all dealers in and of nonintoxicating beer holding a Class B beer license from the Alcohol or Beverage Control Commissioner in the amount of five dollars ($5.00) for each place of business.
(1960 Code 4-126)
715.25  LICENSE FEES FOR PRIVATE CLUBS SELLING LIQUOR.
   Ordinances for setting of annual license fees for operation of private clubs for selling liquor were amended to set fees at fifty percent (50%) of that of the State per provisions of West Virginia Code 60-7-6.
(1960 Code 4-126-3)
715.26  GENERAL STORE LICENSE.
   (a)   In addition to any other specific license required by the provisions of this article, there is hereby levied a general store license on all persons, firms, partnerships, corporations or associations doing business in the City, which license fee shall be fifteen dollars ($15.00) per year for each place of business.  "Doing business" as used in this section means the selling or offering for sale any wares, goods, or chattels at retail.
 
   (b)   The provisions of this article shall not apply to educational, literary, dramatic, musical and benevolent societies, nonprofit corporations or volunteer fire companies.
(1960 Code 4-127)
 
   (c)   The provisions of this article shall not apply to persons selling their own handmade art or craft item for personal use and not for resale at advertised shows or sales within the City held during not more than three days in a calendar year.
(Ord. 10-19-93)
715.27  HAWKER, SOLICITOR, PEDDLER OR TRANSIENT MERCHANT LICENSE.
   (a)   Definitions:  A "hawker", "peddler", "solicitor" or "transient merchant" means for purposes of this article, any person (whether as an individual on his own behalf,or each and any individual as the agent, workman or employee of any individual, corporation, partnership or other entity), who offers for sale and/or sells any merchandise, insurance, magazine, book or record subscriptions, contracts or services, to any person, corporation, partnership or other entity as a consumer within the City corporate boundaries and who sells or offers to sell such things, contracts or services by peddling same from:
      (1)   Door to door,
      (2)   A motorized or towed type vehicle,
      (3)   Or without vehicle,
      (4)   Any temporary site anywhere within the corporation boundaries,
   if such activities do not fall within the exemptions set forth hereinbelow under the heading:  "Exemptions."
 
   (b)   Exemptions:  "Hawker", "solicitor", "peddler" or "transient merchant" shall not include the following:
      (1)   Commercial travelers or selling agents who sell only to entities who purchase tangible personal property for purpose of resale to others;
      (2)   Sellers of crafts or other handmade items that were personally made by the seller.
      (3)   "Flea market" means any person selling used goods, wares or merchandise, not purchased by him or her for resale, on any day designated for flea markets by Council, from a lawfully occupied temporary location, between the hours of 7:00 a.m. and 5:00 p.m.
      (4)   "Yard sale" means any person selling used goods, wares or merchandise, not purchased by him or her for resale, from his own residential premises, including house, garage, porch, yard or outdoor premises, provided such sale must not exceed three consecutive days' duration, nor may any person hold more than four such sales per calendar year.  A sale of one day's duration or any fractional part thereof, not consecutive with another day shall constitute a single sale.
      (5)   "Nonprofit" means any sales by nonprofit corporations, societies, groups or organizations acting for charitable, religious or benevolent purposes.
      (6)   "Farmers market" means any person selling agricultural products grown or produced in Jackson County or adjacent State counties from a parked motor vehicle or temporary stand on the days, at the times and location specified for "farmers market" by Council.
 
   (c)   Application for License:  A hawker, solicitor, peddler or transient merchant shall, prior to transacting any business within the corporation boundaries, appear at City Hall, apply for and obtain a license, entitled "solicitor's license."  By written application, such person shall state his or her full name; address; telephone number; driver's license number; motor vehicle make, model, color and license number; social security number; and if applicable, the applicant's State transient vendor business registration certificate number and date thereof such certificate being required by West Virginia Code 11-12-20; the nature of the goods, services, contracts, etc. to be sold or offered for sale; and any other reasonable and pertinent  license.
 
   (d)   Fee:. The fee for a solicitors license shall be ten dollars ($10.00) subject to the terms of this article.
   (e)   License Term:  See Section 715.06 .
 
   (f)   Compliance With Other Laws:  Nothing contained within this section shall in any way exempt any applicant from compliance with all State, federal, county and municipal statutes, ordinances and regulations, including but not limited to West Virginia Code 11-12-20 et seq., and law relating to taxation, public health, consumer protection, licensing, etc.
 
   (g)   Hours When Solicitation Permitted:  Hawkers, peddlers, solicitors or transient merchants shall conduct their business only between the hours of 10:00 a.m. and 5:00 p.m.
 
   (h)   License to be Carried and Displayed:  A licensee shall carry his current valid license upon his person and shall display such license to any consumer, law officer or City official if requested to do so.
(1960 Code 4-128)
715.28  ANNUAL LICENSE TAX FOR DISTRIBUTORS AND SELLING OF WINE.
   There is hereby imposed an annual license tax upon distributors and retailers of wine within the City limits and to such end, after the effective date of this section, no person may engage in business in the capacity of distributor or retailer of wine as provided by West Virginia Code Article 60-8, as last amended, within the corporate limits of the City and/or within one mile of the City limits, without first obtaining a license from the City, nor shall a person continue to engage in any such activity after his license has expired, been suspended or revoked.  No person may be licensed in more than one of such capacities at the same time.
   The City shall collect an annual fee for license issued under this section as follows:
   (a)   Twenty-five hundred dollars ($2,500) per year for a distributor's license.
   (b)   One hundred fifty dollars ($150.00) per year for a retailer's license.
   The license period shall begin on July 1 of each year commencing with July 1, 1981, and ending on June 30 of the following year, and if the initial license is granted for less than a year, the fee shall be computed in proportion to the number of quarters remaining in the fiscal year, including the quarter in which application is made.
   A retailer who has more than one place of retail business shall obtain a license for each separate retail establishment.  A retailer's license may be issued only to the proprietor or owner of a bona fide grocery store or wine specialty shop, and may not be transferred.
   A copy of the ordinance imposing the tax shall be certified by the Mayor to the West Virginia Alcohol Beverage Commission and to the Tax Commissioner.
(1960 Code 4-302)
715.29  RETAIL LIQUOR SALES.
   There is hereby levied an annual retail license fee on all outlets selling liquor by the bottle pursuant to retail liquor license issued by the State in accordance with West Virginia Code 60-3A-1 et seq.  The amount of the annual retail license fee shall be one thousand five hundred dollars ($1,500) per outlet for each applicant holding a Class A State retail liquor license and five hundred dollars ($500.00) per outlet for any applicant holding a Class B State retail liquor license.  The annual retail license period shall be from July 1, beginning on July 1, 1991 through June 30 of the following year.  Initial applications and renewal applications for such license shall be made in the manner and upon such forms prescribed by the City.
(1960 Code 4-400)
715.99  PENALTY.
   (a)   Any person engaging in or carrying out any business activity, trade or employment for which a license is required by the terms of this article, whether without obtaining a license therefor before commencing the same, or by continuing the same after the termination of the effective period of any such license, shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00).  Each day's continuation of such violation shall constitute a separate offense.
(See also Sections 715.11 and 715.12)
 
   (b)   Except as may be herein otherwise expressly provided whoever violates any of the provisions of this article for which a penalty is not otherwise provided, shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00) or imprisoned not more than thirty days or both.  Each day or part hereof that any violation continues shall be deemed to constitute a distinct and separate offense and shall be punishable accordingly.
(1960 Code 4-102; 4-116)