TITLE XI:  BUSINESS REGULATIONS
Chapter
   110.   GENERAL LICENSING, TAXATION AND REGULATIONS
   111.   ALCOHOLIC BEVERAGES
   112.   GAME ROOMS AND POOL HALLS
   113.   TAXICABS
   114.   RESERVED
   115.   SEXUALLY ORIENTED BUSINESSES
   116.   COMMERCIAL SOLICITATION
   117.   TATTOOING AND BODY PIERCING
CHAPTER 110:  GENERAL LICENSING, TAXATION AND REGULATIONS
Section
General Regulations
   110.01   Permitting the posting of signs prohibiting the carrying of concealed weapons on certain municipal property
Licensing and Taxation
   110.15   Definitions
   110.16   Purpose
   110.17   License and payment of fee required
   110.18   Exemptions
   110.19   Reserved
   110.20   Licenses are non-assignable and personal
   110.21   Notice to licensees presumed
   110.22   License, year; when license fee due and payable
   110.23   Penalties for late payment of fees
   110.24   Separate businesses; multiple businesses
   110.25   New license required upon alteration in nature of business
   110.26   Application for license
   110.27   Reserved
   110.28   Duties of licensees
   110.29   Local governmental approval and compliance of applicant with chapter as prerequisites to issuance of license
   110.30   Reasons for refusal or revocation of a license
   110.31   Right to a conference upon refusal of a license
   110.32   City Manager to issue license; payment of a fee prerequisite
   110.33   Reserved
   110.34   Revocation
   110.35   Form and contents of license
   110.36   Duplicate licenses
   110.37   Record of conferences
   110.38   Providing or serving notice to an applicant or licensee
   110.39   Revocation of prior license for late payment of fee; refusal to issue new license until fee paid
   110.40   Duty to determine whether license required and fee due
   110.41   Notice of deficiency
   110.42   Request for a conference
   110.43   When deficiency becomes final
   110.44   Conference held
   110.45   Collection of deficiency
   110.46   Appeals
   110.47   Enforcement of chapter
   110.48   State statutory exemptions from municipal license taxes
GENERAL REGULATION
§ 110.01  PERMITTING THE POSTING OF SIGNS PROHIBITING THE CARRYING OF CONCEALED WEAPONS ON CERTAIN MUNICIPAL PROPERTY.
   (A)   Posting of signs required.  The City Manager is authorized and instructed to post conspicuous signage at appropriate locations on or within each park and each building or portion of a building owned, leased as lessee, operated, occupied, managed or controlled by the city, as well as the appurtenant premises to the buildings, indicating that carrying a concealed handgun is prohibited therein.
   (B)   Location of signs.  Signs on buildings shall be visibly posted on the exterior of each entrance by which the general public can access the building. The City Manager shall exercise discretion in determining the number and appropriate location of signs to be placed on or within appurtenant premises and parks.
(Ord. 95-F, passed 11-14-95)
LICENSING AND TAXATION
§ 110.15  DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   AGENT.  The person having authority to represent a manufacturer, producer or distributor of goods or services.
   BUSINESS.  Any trade, occupation, profession or other activity engaged in by any person or entity or caused to be engaged in by any person or entity for gain, profit, benefit or advantage, direct or indirect, except that such term does not include occasional or isolated sales or transactions by a person or entity who does not hold himself out as engaged in a business and such term does not include businesses engaged in the manufacturing of goods or businesses engaged in the wholesale distribution or wholesale sale of goods.
      (1)   A person "conducts a business" when he or she engages in one act of any business. If a person or entity is (i) listed in the yellow pages of the telephone directory issued by a telephone system serving the city, (ii) listed on the internet or other forms of electronic media, as a business, or (iii) has taxable business valuation property listed in Person County, that shall be prima facie evidence that the person is conducting a BUSINESS.
      (2)   A person or entity conducts a BUSINESS "within the city" when he or she maintains a business location within the city or when, either personally or through agents, he or she (i) solicits business within the city, or (ii) picks up or delivers goods or services within the city.
   CITY MANAGER.  The duly appointed City Manager of the City of Roxboro or his or her designee.
   FISCAL YEAR.  The period beginning with July 1 and ending on June 30 next following.
   GROSS RECEIPTS OF THE BUSINESS. 
      (1)   For a business with its principal place of business within Roxboro’s corporate limits, total receipts from all sales of goods or services; and
      (2)   For businesses not having a principal place of business within Roxboro’s corporate limits, total receipts from sales or services generated within Roxboro’s corporate limits. (See also Section 110.27(A)).
   LICENSEE.  A person who has paid the privilege license tax levied by this chapter, and has obtained a privilege license.
(Ord. passed 5-18-11)
§ 110.16  PURPOSE.
   (A)   This chapter is enacted primarily for regulatory purposes. The purpose of this chapter is to prevent the operation of covered businesses until the person or entity applying for the license has complied with certain city ordinances and other local governmental and state regulations. Issuance of a license pursuant to this chapter does not excuse the licensee from compliance with any other ordinance or statute. This chapter does not prevent the city from increasing or decreasing the amount of any license fee or regulating any business.
   (B)   A license issued pursuant to this chapter reflects that the appropriate fee has been paid. Issuance of a license constitutes regulatory approval and does not excuse a licensee from compliance with any other applicable ordinance, regulation, or statute. Therefore, issuing a license, does not authorize the carrying on of a business for which additional licenses or qualifications are required by any applicable local, state or federal regulation or law or that the recipient is otherwise engaged in a legal activity or operating a business in a legal manner.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.17  LICENSE AND PAYMENT OF FEE REQUIRED.
   Subject to § 110.18, no person or entity may conduct any business within the city until it has paid the fee required by this chapter and has been issued a valid license pursuant to this chapter. Licenses shall be renewed, and license fee shall be paid, annually in accordance with this chapter.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)  Penalty, see § 10.99
§ 110.18  EXEMPTIONS.
   Persons or entities who pick up or deliver goods within the city are not required to obtain a peddlers license based solely on the pick up or delivery of goods as part of a transaction for the purchase and sale of such goods (for example: a soft drink distributor not located in Roxboro may deliver a truck load of soft drinks to a grocery store in Roxboro without becoming liable to pay peddlers license fee).
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.19  RESERVED.
§ 110.20  LICENSES ARE NON-ASSIGNABLE AND PERSONAL.
   Every license issued under this chapter shall be personal and shall not be assignable.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.21  NOTICE TO LICENSEES PRESUMED.
   Each person who conducts a business regulated under this section may be subject to licensing requirements. It is the duty of such person to verify the applicable requirements of this chapter. If licenses are not obtained and/or fees not paid, the proceedings allowed by law may be taken against such person or business. This notice shall be conclusively presumed, whether or not such persons or businesses have actual notice.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.22  LICENSE, YEAR; WHEN LICENSE FEE DUE AND PAYABLE.
   (A)   Unless other specified, the license issued is valid for the 12-month period beginning July 1 and ending June 30.
   (B)   The license fee is due on July 1 of each year.
   (C)   If a person begins a business after July 1, the license fee due for that year shall be due and payable before the business begins.
   (D)   A person may not commence a business conducted within the city which is licensed pursuant to this chapter until the application is approved and fee is paid and may not continue such business beyond the period for which the license is issued.
   (E)   The beer and wine license tax is due and payable after a permit is issued by the state and no later than by June 2 of each year to avoid any late penalty.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.23  PENALTIES FOR LATE PAYMENT OF FEES.
   (A)   If fees imposed by this chapter, except those for beer and wine, are not paid on or before August 2 of each year, there shall be assessed an additional fee equal of $10 for the license per month or fraction thereof until paid, not to exceed 25% of the amount so prescribed, but in any event not less than $10.
   (B)   Upon discovering any business which has been operating within the city without applying for a license and paying the fee imposed by this chapter, the City Manager is authorized to assess and collect the delinquent fees plus penalties due for each taxable year that the same has remained unpaid, not exceeding three years including the current year for which the license fee may be required.
   (C)   No license shall be granted until the license fee has been paid.
   (D)   All fees imposed on businesses shall be paid before the business is begun. If not paid within 30 days after the business has begun, the penalties provided in divisions (A) and (B) of this section shall apply from the date such business began.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.24  SEPARATE BUSINESSES; MULTIPLE BUSINESSES.
   (A)   A separate license is required, and a separate fee must be paid for each separate place of business operated within Roxboro's corporate limits by the license.
   (B)   If two or more separate regulated businesses are operated at the same location by the same license, the City Manager may issue two or more licenses upon the payment of the total amount of fees due for all businesses operated at the same time.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.25  NEW LICENSE REQUIRED UPON ALTERATION IN NATURE OF BUSINESS.
   When a license is issued to carry on a certain line of business and, after the issuance of such license, the licensee shall so change or alter his business as to bring it under a classification for which a different kind of license fee is required, the licensee shall, before making such change, deliver its license to the City Manager, together with an application for a license applicable to the proposed change, and shall pay to the City Manager the proper license fee. The City Manager shall thereupon cancel the old license and shall issue to the licensee a new and appropriate license.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.26  APPLICATION FOR LICENSE.
   (A)   Every application for a license required by this chapter shall be made in writing to the City Manager on a form provided by the city. Such application shall be signed by either the applicant or its agent and furnish all the information provided on the form, which shall include:
      (1)   The name and nature of the business for which the license is sought;
      (2)   Whether the applicant is an individual, a partnership, corporation, or some other entity;
      (3)   The address where the business is conducted and a mailing address for the business, if different;
      (4)   The name and address of the person filling out the application and his or her relationship to the business;
      (5)   All telephone numbers applicable to business;
      (6)   The start date in which the business began or is to begin in the city, along with the application date; and
      (7)   Any other information which the City Manager determines to be necessary.
   (B)   In addition to the information furnished by applicants on the application form as provided in division (A) of this section, every person subject to the provisions of Chapter 116 of this code who applies for a license shall furnish to the City Manager the name and address of the person whom he or she represents, together with a description of the goods or services which he or she offers for sale. No license shall be issued to any person subject to Chapter 116 who does not provide such additional information.
   (C)   To the extent permitted by law, all information furnished or obtained under authority of this chapter shall be kept in confidence by the City Manager and used solely for the administration of this chapter, provided that summaries of the information may be shared with other city officials for purposes of research, analysis, and budgetary matters.
   (D)   No person shall willfully make a false statement on a license application.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)  Penalty, see § 10.99
§ 110.27  RESERVED.
§ 110.28  DUTIES OF LICENSEES.
   (A)   Each person who conducts business in the city shall permit the City Manager to inspect the business premises during normal business hours to determine the nature of the business conducted and to examine the books and records to determine the nature and amount of business transacted.
   (B)   Every license must be prominently displayed at the place of business of the licensee named therein or, if such licensee has no fixed place for doing business, such licensee must keep such license wherever such business is being operated and, in a place where it can be seen at any time by an official to inspect the same.
   (C)   A licensee shall report a change in the information contained in the application for a license required by this chapter within ten days after the change occurs. If the change results in a separate or additional application and/or fee, the City Manager shall reissue a license reflecting the change with payment. If the change does not result in a separate or additional fee, but the change affects the information on the face of the license, the City Manager shall reissue a license reflecting the change in information upon a payment of $5.
   (D)   If a licensee sells, transfers or goes out of business, the licensee must give notice to the City Manager of such intended event at least 48 hours prior to the date of the actual sale, transfer, or termination of business.
   (E)   The license fee shall not be abated nor shall a refund of any part of the license fee be made in any case where the licensee fails to begin operations, surrenders the license, discontinues business or has a license revoked before the end of the period for which such license is issued.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.29  LOCAL GOVERNMENTAL APPROVAL AND COMPLIANCE OF APPLICANT WITH CHAPTER AS PREREQUISITES TO ISSUANCE OF LICENSE.
   The City Manager shall not issue any license when the application therefor is refused by the City Council or by any local government board, commission or official, in any case where the approval of the City Council or of such other local government board, commission or official, is required before business may commence, nor shall the City Manager issue any license until the applicant therefore has complied with every provision of this chapter, including the execution and delivery of any bond required.
(Ord. passed 5-18-11)
§ 110.30  REASONS FOR REFUSAL OR REVOCATION OF A LICENSE.
   The City Manager shall refuse to issue a license, or shall revoke a license already issued, for any of the following reasons.
   (A)   The applicant misrepresents a fact in the application.
   (B)   The applicant refuses to provide information necessary to issue a license.
   (C)   The applicant has not obtained a certificate of occupancy or other city, state or local government approval required by law as a condition precedent to conducting business when required to do so by local ordinance or by state law.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.31  RIGHT TO A CONFERENCE UPON REFUSAL OF A LICENSE.
   (A)   If, after receipt of the completed application, the City Manager believes that a reason exists to deny a license, he shall refuse to accept payment of the fee and shall not issue the license. At the applicant's request, the City Manager shall give the applicant a written statement of the reasons for refusing the license. The applicant may, within ten days after receipt of such statement, request a conference to discuss the denial. Such request shall specify why the application should not have been denied. The City Manager shall arrange the conference within a reasonable time, not to exceed 30 days after receipt of the request for a conference.
   (B)   If the City Manager denies a license application, the applicant may reapply for a license at any time thereafter. If the reason for which the application was initially denied no longer exists, and if no other reason exists to deny to issue a license, the City Manager shall issue the license.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.32  CITY MANAGER TO ISSUE LICENSE; PAYMENT OF FEE A PREREQUISITE.
   If, after receipt of the completed application and fee, the City Manager determines that the application meets the standards of this chapter, he or she shall issue a license.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.33  RESERVED.
§ 110.34  REVOCATION.
   (A)   The City Manager shall revoke a license if reason exists to revoke it as set forth in this chapter. Before the City Manager may revoke a license, he or she shall give the licensee ten days advance written notice of the grounds for revocation. The licensee may, within ten days after the day on which the notice is served, request in writing a conference with the City Manager. The request shall specify the reasons why the license should not be revoked. The City Manager shall arrange the conference within a reasonable time, not to exceed 30 days. The licensee may continue to operate its business until the conference is conducted.
   (B)   If the licensee fails to request a conference within ten days after the day on which notice is served, the City Manager shall revoke the license. If the licensee requests a conference, the City Manager may not revoke the license until after the conference.
   (C)   If the City Manager revokes a license, the former licensee may apply for a new license at any time thereafter. If the reason for which the license was revoked no longer exists, and if no other reason exists to deny a license, the City Manager shall issue the license.
(Ord. passed 5-18-11)
§ 110.35  FORM AND CONTENTS OF LICENSE.
   Every license issued shall show on the face thereof the name of the licensee, the nature of the business and the location thereof (provided such business has a fixed location), the time for which issued, the amount of the fee and the penalty, if any, paid. Any license requiring the approval of the City Council or of any other local government board, commission or official, shall indicate such approval on its face. The City Manager shall keep an exact copy of each license issued, including the approval of the City Council or of any board, commission or official endorsed on the face of the same.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.36  DUPLICATE LICENSES.
   The City Manager shall, when requested, issue duplicate licenses when such evidence as he or she may require is presented to show that the original has been lost or destroyed. The fee fixed by the City Council from time to time shall be paid for each duplicate license so issued.
(Ord. passed 5-18-11)
§ 110.37  RECORD OF CONFERENCES.
   The City Manager shall maintain for three years a written record of each conference held pursuant to this chapter. The record shall contain the applicant’s or licensee’s name, a copy of the applicant’s or licensee’s written request for a conference, the date of the conference, and a brief statement of the issues discussed and the result reached. A copy of this record shall be served upon the applicant. After three years the City Manager may dispose the record pursuant to G.S. § 121-5.
(Ord. passed 5-18-11)
§ 110.38  PROVIDING OR SERVING NOTICE TO AN APPLICANT OR LICENSEE.
   Whenever this chapter requires the City Manager to provide or serve a written statement or notice to an applicant or a licensee, he or she may do so in any one of three ways.
   (A)   By personally delivering the statement or notice to the applicant or licensee.
   (B)   By mailing the statement or notice by registered or certified mail, return receipt requested, to the address specified for the purpose in the licensee application.
   (C)   By causing the statement or notice to be served on the applicant or licensee in accordance with the procedures for service or process under Rule 4, North Carolina Rules of Civil Procedure.
(Ord. passed 5-18-11)
§ 110.39  REVOCATION OF PRIOR LICENSE FOR LATE PAYMENT OF FEE; REFUSAL TO ISSUE NEW LICENSE UNTIL FEE PAID.
   The license fee is due each year. If a business fails to pay the license fee when due, its license shall not be renewed, and no new license shall be issued to the licensee for that business until all past due privilege license taxes owed by the licensee are paid.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.40  DUTY TO DETERMINE WHETHER LICENSE REQUIRED AND FEE DUE.
   (A)   Each person has the duty to determine whether the business he or she conducts is subject to a license and fee under this chapter and if so, whether the license has been obtained and the tax fee been paid for the current tax year.
   (B)   If the City Manager has reason to believe that a person is conducting a business in the city in
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.41  NOTICE OF DEFICIENCY.
   If the City Manager determines that a person has not paid the fee due under this chapter, either for the current license year or for a prior license year, he or she shall give the person written notice of the deficiency. The notice of deficiency shall specify: the total amount of fees due; the section of this chapter upon which the fee is based; the amount of fee paid; any penalty due; the balance owed; the manner and time period in which the person may respond to the notice of deficiency; and the consequences to the person if he or she fails to respond as specified.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.42  REQUEST FOR A CONFERENCE.
   A person who receives a notice of license deficiency may, within ten days after the day on which the notice is served, request in writing a conference. The request shall specify the person's objections to the notice of deficiency.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.43  WHEN DEFICIENCY BECOMES FINAL.
   If the licensee fails to request a conference about the notice of deficiency, the City Manager's determination of deficiency becomes final and the City Manager shall proceed to collect the deficiency.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.44  CONFERENCE HELD.
   If the licensee requests a conference, the City Manager shall not proceed to collect the deficiency until he hears the licensee's objections and determines that the deficiency should become final. The City Manager shall maintain, for three years, records of each conference held with a licensee.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.45  COLLECTION OF DEFICIENCY.
   The City Manager may use any one, or a combination, of the following methods to collect a deficiency:
   (A)   Criminal prosecution in accordance with § 110.47.
   (B)   Civil penalties in accordance with § 110.47.
   (C)   Equitable relief in accordance with § 110.47.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.46  APPEALS.
   (A)   Subject to the provisions of this chapter, a person may appeal to the City Council a decision by the City Manager:
      (1)   That an applicant is not entitled to a license;
      (2)   That a licensee's license should be revoked;
      (3)   Concerning the amount of fees owed by an applicant; and/or
      (4)   That a person has not paid the amount of fees due for current license year or any prior years.
   (B)   An appeal may be taken only if the applicant has properly pursued and exhausted his right to have a conference with the City Manager on any of the matters specified in division (A) of this section.
   (C)   An appeal is taken by filing with the City Manager a written notice of appeal. This notice of appeal must be filed not later than ten days after the applicant is served with the record of the conference held with the City Manager.
   (D)   The City Council shall hear and decide the appeal within 60 days after notice of appeal is filed, unless the hearing is continued for good cause. The appellant shall be given at least five working days’ notice of the date and time of hearing and shall be served with a written copy of the Council’s decision following the hearing. The burden of establishing the correctness of the City Manager’s decision shall be on the City Manager.
   (E)   The City Council’s decision shall be by majority vote, with a quorum present.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.47  ENFORCEMENT OF CHAPTER.
   (A)   A violation of §§ 110.17 or 110.26(D) constitutes a misdemeanor punishable as provided in G.S. § 14-4. Payment of a fine imposed in criminal proceedings pursuant to this chapter does not relieve a person of his or her liability for taxes imposed under this chapter.
   (B)   A violation of § 110.28 shall subject the offender to a civil penalty as provided for in § 10.99. A violation of § 110.28 shall subject the offender to a civil penalty of $10. If the offender does not pay the penalty within ten days after he or she has been cited for a violation, the city may attempt to recover the penalty by filing a civil action in the nature of debt. Payment of this civil penalty does not relieve a person of his liability for taxes imposed under this chapter.
   (C)   The city may seek appropriate equitable relief from a court of competent jurisdiction to prevent or redress violations of this chapter.
   (D)   Each day that a violation of §§ 110.17 or 110.28 exists after the person has been notified of the violation shall constitute a separate and distinct offense.
   (E)   This chapter may be enforced by any one, all, or a combination of the remedies authorized and prescribed by this chapter.
(Ord. passed 5-18-11; Am. Ord. passed 9-11-18)
§ 110.48  STATE STATUTORY EXEMPTIONS FROM MUNICIPAL LICENSE TAXES.
   (A)   Occupations and professionals.
      Accountants
      Architects
      Art of healing
      Attorneys-at-law
      Auctioneers
      Banks-banking associations, national bank, and the like
      Bondsmen
      Burglar alarm dealers
      Bus companies
      Chiropodists
      Chiropractors
      Dentists
      Doctors
      Embalmers/morticians
      Engineers
      Exterminators
      Home inspectors
      Insurance companies
      Landscape architects
      Massage therapists
      Mortgage companies
      Ophthalmologists
      Opticians
      Optometrists
      Osteopaths
      Photographers
      Physicians
      Private detectives
      Real estate agents/brokers
      Real estate appraisers
      Real estate mortgage companies
      Surgeons
      Surveyors
      Telephone companies
      Trucking companies
      Veterinarians
   (B)   Household appliances/office machines: (selling or renting).
      10-Key - for office use
      Alarm systems - installing, servicing and monitoring
      Billing machines- for office use
      Calculators - for office use
      Cash registers
      Check processors
      Computer hardware - for office use
      Copiers - for office use
      Fax machines - for office use
      Printers - for office use
      Refrigerators - for home use
      Sewing machines - for home use
      Typewriters - for office use
      Vacuum cleaners - for home use
      Washing machines - for home use
   (C)   Miscellaneous businesses.
      Breweries
      Lighting systems
      Lottery gaming
      Motion picture distributors
      Manufacturing motion pictures
      Motor fuels - distributors/wholesaler
      Natural gas supplier
      Telecommunication services (taxed under G.S. § 105-164.4(a)(4c)
      Vending merchandising machines (five of same type)
      Video programming (taxed under G.S. § 105-164.4(a)(6)
      Wineries
Privilege License Schedule A Fee
 
Gross Receipts
Fee
0-1,000,000
$75
1,000,001 - 3,000,000
$275
3,000,001 - 5,000,000
$475
5,000,001 - 7,000,000
$675
7,000,001 - 9,000,000
$875
9,000,001 -11,000,000
$1,075
11,000,001-13,000,000
$1,275
$0.00
13,000,001 - 15,000,000
$1,475
$0.00
15,000,001 -17,000,000
$1,675
17,000,001 -19,000,000
$1,875
19,000,001 -21,000,000
$2,075
21,000,001 - 23,000,000
$2,275
23,000,001 -25,000,000
$2,475
25,000,001 and up
$2,675
 
(Ord. passed 5-18-11)
CHAPTER 111:  ALCOHOLIC BEVERAGES
Section
   111.01   Consumption, display of alcoholic beverages
   111.02   Sunday sales
§ 111.01  CONSUMPTION, DISPLAY OF ALCOHOLIC BEVERAGES.
   (A)   No person shall display or consume beer, wine or any other intoxicating liquor in any public place or upon or in any public street, sidewalk, alley or parking lot owned, leased or maintained by the city or by the state and within the city limits; no person shall consume such substances on any such place owned, leased or maintained by the city outside the corporate limits.  This section shall not apply to those persons lawfully selling, purchasing or consuming alcoholic beverages within a designated area during a special event that has been permitted under Chapter 95.
   (B)   No person shall consume any intoxicating liquors upon the private property or private business premises of another without permission of the owner or person entitled to possession of such premises.
(`90 Code, § 13-4)  (Ord. passed 12-14-82; Ord. passed 7-8-86; Am. Ord. passed 8-9-05)  Penalty, see § 10.99
§ 111.02  SUNDAY SALES.
   Any establishment located in the city limits and holding an on-premises malt beverage permit and/or an on-premises unfortified wine permit and/or an on-premises fortified wine permit and/or a mixed beverages permit pursuant to G.S. § 18B-1001 is permitted to sell beverages allowed by its permit beginning at 10:00 a.m. on Sundays.
(Ord. passed 9-11-18)
CHAPTER 112:  GAME ROOMS AND POOL HALLS
Section
General Provisions
   112.01   Definition
   112.02   License
   112.03   Fee
   112.04   Restrictions
   112.05   Prohibited conduct
   112.06   Rules for operation of game rooms
   112.07   Revocation of license
Pool Rooms
   112.20   Application for license
   112.21   Location
   112.22   Sunday operation; hours on other days
   112.23   Minors not permitted to play
   112.24   Violation
GENERAL PROVISIONS
§ 112.01  DEFINITION.
   A GAME ROOM, for the purpose of this chapter, shall be any place of business that operates three or more mechanical games or pay devices or tables for which charge is made either directly or indirectly.
(`90 Code, § 5-26)  (Ord. passed 10-12-82)
§ 112.02  LICENSE.
   (A)   Every operator of a game room shall apply for and obtain a license from the City Council to operate a game room. Application for such a license shall be made upon forms provided by the City Clerk.
   (B)   It shall be unlawful to operate a game room within the city without a license as required by this section.
(`90 Code, § 5-27)  (Ord. passed 10-12-82)  Penalty, see § 10.99
§ 112.03  FEE.
   An application fee shall be paid to and collected by the City Clerk when the application is submitted to cover the cost of administration of this chapter.
(`90 Code, § 5-28)  (Ord. passed 10-12-82)
§ 112.04  RESTRICTIONS.
   The City Council shall not issue a license to any applicant who:
   (A)   Has been convicted of unlawfully selling intoxicating liquors or narcotic drugs;
   (B)   Is an habitual user of alcoholic beverages or narcotic drugs.
(`90 Code, § 5-29)  (Ord. passed 10-12-82)
§ 112.05  PROHIBITED CONDUCT.
   Licensees under this chapter shall not, and neither shall their employees:
   (A)   Suffer or permit any gambling on the licensed premises at any time; nor the sale or use of any racing, football or other parlay cards or gambling boards or devices;
   (B)   Suffer or permit the licensed premises to become disorderly or permit any profane, obscene or indecent language thereon;
   (C)   Continue to employ any person who has been convicted of unlawfully selling alcoholic beverages or narcotic drugs during the time in which such person has been employed with the business.
(`90 Code, § 5-30)  (Ord. passed 10-12-82)  Penalty, see § 10.99
§ 112.06  RULES FOR OPERATION OF GAME ROOMS.
   The following rules shall be observed by all operators of game rooms within the city:
   (A)   All game rooms shall observe the hours of operation as set by the North Carolina Alcoholic Beverage Control laws and shall be subject to changes in hours of operation as set by the ABC Board. Current hours of operation are as follows:
   Eastern Standard Time:
   Opening Time -   7:30 a.m. (1:00 p.m. Sunday)
   Closing Time  -   1:30 a.m.
   Daylight Savings Time:
   Opening Time -   7:00 a.m. (1:00 p.m. Sunday)
   Closing Time  -   2:30 a.m.
   (B)   No play on any game shall be allowed during the times when game rooms are required by this chapter to remain closed.
   (C)   All buildings shall conform to the State Building Code, and the operator shall acquire a certificate of compliance before operations shall begin.
   (D)   No loud offensive noises shall be allowed to emanate beyond the licensed premises.
   (E)   There must be an adult 18 years of age or older managing the business during hours of operation.
(`90 Code, § 5-31)  (Ord. passed 10-12-82)  Penalty, see § 10.99
§ 112.07  REVOCATION OF LICENSE.
   (A)   After giving the operator of a game room adequate notice and an opportunity to be heard, as provided in this section, the City Council may revoke the license of any game room operator who:
      (1)   Violates the provisions of §§ 112.05 or 112.06; or
      (2)   Is convicted of unlawfully selling alcoholic beverages or narcotic drugs.
   (B)   Adequate notice shall mean the mailing of a certified letter, return receipt requested, no less than 15 days before the hearing date, or personal service upon such operator at the place of business no less than 12 days before the hearing. The hearing shall be at any regular or special meeting of the City Council.
(`90 Code, § 5-32)  (Ord. passed 10-12-82)
POOL ROOMS
§ 112.20  APPLICATION FOR LICENSE.
   Every application for a license to operate a pool and/or billiard room shall be in writing and shall be in the following form:
            Roxboro, N.C.
                                           
            (date)
To the Mayor and City Council
City of Roxboro
Roxboro, North Carolina
   "I (we), do hereby make application for license to operate a pool and/or billiard room in the City of Roxboro at the following location:                                                
   Accompanying this application is a duly certified bank check or cash in the amount required as a privilege license fee for the current fiscal year for                 (number of) tables, that being the number that I (we) expect to operate at said location.
   If said license be granted, I (we) agree to observe all ordinances, rules, and regulations of the city in respect to the operation of pool and/or billiard rooms, and I (we) expressly agree and consent to all provisions contained in the ordinances of said city with respect to granting and revoking a privilege license, and I (we) waive any claim for refund of any part of the money paid by me (us) for license in case the said license should be revoked under the provisions of ordinances passed by the city either heretofore or hereafter.”
(`90 Code, § 5-51)
§ 112.21  LOCATION.
   No pool or billiard room or table shall be operated at any location in the city except as specified in the application for license unless the City Council shall, by specific order, permit the same.
(`90 Code, § 5-53)  Penalty, see § 10.99
§ 112.22  SUNDAY OPERATION; HOURS ON OTHER DAYS.
   No pool or billiard room shall be kept open for business on Sunday or between the hours of 11:45 p.m. and 7:00 a.m. of any other day.
(`90 Code, § 5-54)  Penalty, see § 10.99
Statutory reference:
   Authority to ordain, see G.S. § 160A-191
§ 112.23  MINORS NOT PERMITTED TO PLAY.
   No minor under the age of 18 years shall be permitted to play on any table in any pool and/or billiard room operated as a private enterprise in the city; provided however, that this section shall not apply to establishments not serving alcoholic beverages.
(`90 Code, § 5-55)  Penalty, see § 10.99
Statutory reference:
   Permitting minors to enter pool rooms, see G.S. § 14-317
§ 112.24  VIOLATION.
   If any person shall violate any provision of this subchapter, he or she shall forfeit the current year's privilege license tax paid by him or her and, if such person is the owner of the pool or billiard room and shall be in charge thereof as the owner, his or her license shall be liable to revocation. The forfeiture and revocation shall be in addition to the misdemeanor penalty for such violation.
(`90 Code, § 5-52)  Penalty, see § 10.99
CHAPTER 113:  TAXICABS
Section
General Provisions
   113.01   Definitions
   113.02   Taxicab Inspector
   113.03   Responsibility of owner; compliance
   113.04   Federal statutes and regulations
   113.05   Information filed by owner
Regulations
   113.20   Insurance
   113.21   Maximum fares
   113.22   Fare schedule in vehicle
   113.23   Excess fare; failure to pay
   113.24   Inspection of vehicles
   113.25   Maintenance record
   113.26   Defective vehicles
   113.27   Vehicle identification
   113.28   Lighted sign
   113.29   Hours of operation
   113.30   Most direct route
   113.31   Parking next to taxicab stands
   113.32   Stopping at bus stop
   113.33   Report of accident
License
   113.45   Required
   113.46   Application form
   113.47   City Manager action
   113.48   Appeal to City Council
   113.49   Fee
   113.50   Issuance
   113.51   Memorandum license
   113.52   Assignment or transfer
   113.53   Expiration
   113.54   Renewal
   113.55   Suspension; revocation
   113.56   Change of ownership
   113.57   Replacement vehicle
   113.58   When vehicle retired and not replaced
Driver’s Permit
   113.70   Required
   113.71   Information on application
   113.72   Photographs and fingerprints
   113.73   Physician’s certificate
   113.74   Action of City Manager
   113.75   Identification of driver
   113.76   Expiration and renewal
GENERAL PROVISIONS
§ 113.01  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CERTIFICATE. A certificate of public convenience and necessity issued in accord with this chapter.
   DRIVER'S PERMIT. The permit issued by the city, after examination, authorizing a person to drive a taxicab operating under this chapter.
   OWNER. The person who owns a taxicab operating under this chapter, or the person who is in charge of the operation of the taxicab.
   TAXICAB. Every vehicle driven or propelled by gasoline, electric motor or other mechanical devices, other than motor buses operating along regular routes or schedules, which is used for the purpose of carrying, transporting or conveying any person from one place to another, for which service a charge or fee is made, not including any transportation networking company regulated under G.S. Ch. 20, Art. 10A.
   TAXICAB COMPANY. A sole proprietorship, corporation, professional corporation, non-profit corporation, limited liability company, limited partnership, limited liability partnership or any other partnership whether or not formed under the laws of the State of North Carolina in the business of owning, operating, leasing or providing taxi cabs or taxi cab services for hire by the public. All foreign business enterprises must be licensed by the Secretary of State of North Carolina to do business in North Carolina.
(Ord. passed - - )
§ 113.02  TAXICAB INSPECTOR.
   (A)   There is created the office of Taxicab Inspector, who shall be appointed by the City Manager.
   (B)   The Taxicab Inspector shall be responsible for the inspection of taxicabs, the practical administration of this chapter and other ordinances, and the safety and welfare of the public in connection with the operation and use of taxicabs. The Taxicab Inspector shall advise the City Manager, the Chief of Police with respect to matters governed or incidentally involved in the operation or administration of this chapter. He or she shall make recommendations to the City Manager with respect to the adequacy of taxicab service in the city. He or she shall make such studies and recommendations as he or she may deem advisable, looking toward the more efficient operation of taxicabs to the end that the public safety and welfare will be served and proper and adequate taxicab service to the general public will be promoted. He or she shall report to the City Manager, the names of all taxicab drivers' permits recommended, granted or denied and all those recommended to be revoked, and shall make such other reports to the City Manager and the Council as may be requested from time to time.
(Ord. passed - - )
§ 113.03  RESPONSIBILITY OF OWNER; COMPLIANCE.
   Every owner of a taxicab or taxicab company shall comply with the provisions of this chapter and require that all drivers or chauffeurs driving or proposing to drive any taxicabs for the owner adhere to and at all times conform to the requirements of this chapter. No such owner shall drive or operate any taxicab upon the streets of the city in violation of any of the provisions of this chapter or other ordinances of the city. Further, no owner shall knowingly permit or cause to be driven or operated upon any of the streets or other public ways of the city any taxicab belonging to the owner by any driver or chauffeur who has not complied with or who violates any of the provisions of this chapter or other ordinances of the city relating to the chauffeur or driver.
(Ord. passed - - )
§ 113.04  FEDERAL STATUTES AND REGULATIONS.
   Nothing contained in this chapter shall be construed to relieve or attempt to relieve operators and owners of taxicabs from compliance with any rule, regulation or statute made by the Congress of the United States or promulgated pursuant to authority of any action of the Congress of the United States or other authorized Federal agency.
(Ord. passed - - )
§ 113.05  INFORMATION FILED BY OWNER.
   Every owner of a taxicab or taxicab company shall maintain on file with the Taxicab Inspector his or her name, business address, garage address, all business telephones listed in his or her name, the names of all drivers, their license numbers and addresses and shall, within 48 hours after any change in connection therewith is made, report the change to the Taxicab Inspector.
(Ord. passed - - )
REGULATIONS
§ 113.20  INSURANCE.
   (A)   No person engaged in the business of transporting passengers for hire over the public streets of the city shall operate on the public streets of the city any taxicab, except those operated under the jurisdiction of the State Utilities Commission, without furnishing and keeping in effect for each taxicab so operated a policy of insurance The policy of insurance shall obligate the operator to be responsible for money damages for legal liability incurred on account of bodily injury to persons or damage to or destruction of property resulting from the operation of the operator's taxicab upon the streets of the city, and shall be such amounts as the City Council shall from time to time require.
   (B)   The policy of insurance shall be filed with the Taxicab Inspector as a condition precedent to the operation of any taxicab over the streets of the city.
   (C)   Any insurance policy filed in accordance with this section shall provide that the same shall not be canceled without first giving 30 days’ notice to the policy holder. If a taxicab owner or taxi cab company owner receives a notice of cancellation of an insurance policy, or any line of coverage, the owner will notify the Taxicab Inspector within five business days.
   (D)   It shall be deemed a sufficient compliance with this section if a certificate issued by the insurer showing that the insured has secured the required insurance and that the same is in force and is filed with the Taxicab Inspector. If the certificate is filed, the original policy may be surrendered.
(Ord. passed - - )
§ 113.21  MAXIMUM FARES.
   The maximum rates to be charged passengers of taxicabs operating under this chapter shall be such as are prescribed from time to time by the City Council.
(Ord. passed - - )
§ 113.22  FARE SCHEDULE IN VEHICLE.
   No owner of a taxicab shall allow or permit the same to be driven or operated upon the streets of the city unless there is posted and kept posted in the taxicab a printed schedule of fares and rates not exceeding the maximum amounts prescribed by the Council. The schedule of fares and rates shall be in such form and posted in such places in the interior of the taxicab as may be approved by the Taxicab Inspector.
(Ord. passed - - )
§ 113.23  EXCESS FARE; FAILURE TO PAY.
   It shall be unlawful for the owner or driver of any taxicab to charge or collect from any passenger any fare in excess of the rates prescribed by the Council or for any passenger to fail or refuse to pay any fare charged in accordance therewith.
(Ord. passed - - )  Penalty, see § 10.99
§ 113.24  INSPECTION OF VEHICLES.
   (A)   Before a taxicab may be operated under a license issued under this chapter, the owner thereof shall cause the same to be delivered to and inspected by the Taxicab Inspector, who shall examine the same to determine that the cab is mechanically and structurally in good repair and working order and will not be unsafe to operate.
   (B)   In addition to the inspection required above prior to the initial operation of a taxicab, the Taxicab Inspector shall have the right, at any time, after displaying proper identification, to enter into or upon any taxicab for the purpose of inspection and of ascertaining whether or not the taxicab is unsafe or in any way unsuitable for taxicab service.
(Ord. passed - - )
§ 113.25  MAINTENANCE RECORD.
   Every owner is required to institute a system of regular monthly inspections of all taxicabs and equipment owned and operated by him or her (or his or her taxicab company) and to keep all such taxicabs and their equipment in proper and safe repair and in good sanitary condition at all times. A record of all such inspections shall be kept by the owner and shall be available to the Taxicab Inspector at all times.
(Ord. passed - - )  Penalty, see § 10.99
§ 113.26  DEFECTIVE VEHICLES.
   If the Taxicab Inspector finds, upon any inspection made as provided in this chapter, that a taxicab is unsafe or in any way unsuitable for taxicab service, he or she is authorized and empowered to immediately order the same out of service and require that the same be kept out of service until it has been repaired and re-inspected and approved by the Taxicab Inspector. Any owner whose taxicab is found to be unsafe for taxicab operation shall have such repairs and alterations made as may be required, and no such owner shall keep any taxicab in taxicab service during the period in which it is found by the Inspector to be unsafe or unsuitable for taxicab service.
(Ord. passed - - )  Penalty, see § 10.99
§ 113.27  VEHICLE IDENTIFICATION.
   (A)   Company name. No person shall operate or cause to be operated within the city any taxicab carrying passengers for hire from place to place within the city unless the correct name and telephone number of the person or firm owning and operating the vehicle is clearly and visibly marked on both sides of the vehicle in permanent letters at least four inches high.
   (B)   Vehicle number. The Taxicab Inspector shall assign a number to each taxicab permitted to be operated under the provisions of this chapter. The numbers shall begin with number one and shall run consecutively from that number up to and including the total number of taxicabs authorized to be operated in the city. No two taxicabs shall be numbered the same, it being the intent of this section that the numbering of taxicabs in the city shall not be according to the number operated by any individual firm or owner, but shall be according to the total number of taxicabs authorized to be operated within the city. Each person receiving a license under this chapter shall appear before the Taxicab Inspector for assignment of a number for the taxicab covered by the license, and the number so assigned shall be permanently marked on the sides of the taxicab, immediately below the required name and telephone number, in numerals four inches high. No person shall operate or cause to be operated any taxicab without the number being painted thereon as required by this section, or to operate or cause to be operated any taxicab which is numbered in any manner except as required by this section. No person shall operate more than one taxicab with the same numbers marked thereon.
(Ord. passed - - )  Penalty, see § 10.99
§ 113.28  LIGHTED SIGN.
   Each taxicab operated in the city shall have on the top thereof an electrically lighted sign displaying the word “Taxi.”
(Ord. passed - - )  Penalty, see § 10.99
§ 113.29  HOURS OF OPERATION.
   The regulation of hours for each taxicab shall be under the supervision of the City Manager, it being the intention to so regulate and distribute the hours as to make certain, as nearly as possible, that as many cabs as are needed may be available at any given time.
(Ord. passed - - )
§ 113.30  MOST DIRECT ROUTE.
   Any taxicab driver employed to carry a passenger to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his or her destination.
(Ord. passed - - )  Penalty, see § 10.99
§ 113.31  PARKING NEXT TO TAXICAB STANDS.
   No person, while operating or in control of any taxicab, shall park the taxicab or allow it to remain stationary, whether occupied or not, in any street adjacent to premises or parking lots designated for the use of taxicabs. The stopping of a taxicab at the points herein referred to for sufficient time to let off passengers, and no longer, shall not be deemed a violation of this section.
(Ord. passed - - )  Penalty, see § 10.99
§ 113.32  STOPPING AT BUS STOP.
   The driver of a taxicab shall not park or stand the same at any regular bus stop in the city or ask or solicit employment at any such bus stop. It shall likewise be unlawful for the owner of any taxicab to permit or allow any driver employed by him or her to violate any provision of this section.
(Ord. passed - - )  Penalty, see § 10.99