Skip to code content (skip section selection)
Compare to:
Spencer Overview
Codified Ordinances of Spencer, WV
CODIFIED ORDINANCES OF SPENCER, WEST VIRGINIA
CERTIFICATION
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODES
PART SEVEN - BUSINESS AND TAXATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - HEALTH AND SANITATION CODE
PART THIRTEEN - PLANNING AND ZONING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - BUILDING AND HOUSING CODE
Loading...
737.05 SEPARATE LICENSE REQUIRED FOR EACH FIXED PLACE OF BUSINESS AND EACH CLASS OF BUSINESS.
   Except as may be provided otherwise in this Code or other ordinance, any person who, at more than one fixed place of business within the City, engages in or prosecutes any business, profession, calling, or vocation for which a City license is required shall obtain a separate license and pay the prescribed tax or fee therefor for each such fixed place of business and for each such business, profession, calling, or vocation.
(1977 Code 5-105.)
737.06 LICENSE YEAR; EXPIRATION DATE; ANNUAL RENEWAL; MINIMUM TAX; PRORATION OF TAX UPON BEGINNING BUSINESS.
   A license year shall begin on the first day of July of each calendar year and shall expire with the expiration of the next ensuing thirtieth day of June, and licenses shall expire at midnight on the last day of June subsequent to the date of issuance and shall be renewable annually.
   The license tax or fee for an initial license upon the commencement of business shall be in the amount of fifteen dollars ($15.00) per year; except in the case of licensing for the following:
 
(a)   Annual license issued for the sale of packaged beer    $ 65.00
(b)   Annual license issued for the sale of wine             65.00
(c)   Annual license issued for the sale of beer /wine by glass or
   bottle across the counter for consumption            115.00
   (1977 Code 5-106.)
(d)   Annual license issued for practicing as an attorney       5.00
(e)   Annual license issued to stores for the sale of liquor   375.00
(f)   Annual Vending Machine Permit (permit on each machine)5.00
      (Passed 3-2-08.)
737.07 DISPLAY OF LICENSE.
   Each person to whom a City license has been issued shall keep such license conspicuously posted upon or within the premises to which such license relates. Each licensee, having no fixed place of business, shall carry his license upon his person at all times, while engaging in the licensed business or any transaction incidental thereto, and shall display such license upon request of any person with whom he is transacting business or any law enforcement officer.
(1977 Code 5-107.)
737.08 LICENSE DOES NOT LEGALIZE UNLAWFUL ACTS.
   Nothing in this article and no payment for or issuance of any City license under the provision 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.
(1977 Code 5-108.)
737.09 CIVIL PENALTIES.
   Any person engaging in or prosecuting any business, profession, calling, or vocation contrary to the provisions of this article, whether without obtaining a City license therefor before commencing the same or by continuing the same after the termination of the effective period of any such City license, may, in addition to paying the prescribed license tax or fee, be liable for a penalty of fifty dollars ($50.00) for each month, or fraction thereof, during which he has been in default of such payment.
(1977 Code 5-109.)
737.10 COLLECTION BY PROCEEDINGS IN COURT.
   The Mayor and/or the City Recorder may collect any license tax, fee, or penalty unpaid under the provisions of this article by appropriate proceedings in any court of competent jurisdiction.
(1977 Code 5-110.)
737.11 PROSECUTION FOR VIOLATIONS; RECOURSE OF CITY TO SEEK INJUNCTIONS.
   If any person engages in or prosecutes any business, profession, calling, or vocation contrary to any of the provisions of this Code, whether without first obtaining a license therefor or by continuing the same after the termination of the effective period of any such license or by any violation of the terms and conditions of such license, he shall be subject to immediate prosecution in the Municipal Court and, in addition, the City Attorney may, in the name of the City, seek such injunctive relief as may be appropriate in any court of competent jurisdiction.
(1977 Code 5-112.)
737.12 SUSPENSION AND REVOCATION OF LICENSES, AND PUBLIC HEARINGS UPON APPEAL FROM REVOCATION.
   The Mayor and/or City Recorder, upon reasonable notice to the licensee, may summarily revoke any license issued by the City Clerk pursuant to the provisions of this Code for any reason which would have been grounds for denial of such license when first issued; for violation of any term or condition of such license; for violation of any pertinent provision of State law, this Code, or other ordinance; or for the perpetration or attempted perpetration of fraud, malpractice, or malfeasance by the licensee, without prejudice to prosecution of such licensee by the City. Any person having an interest in any license so revoked, and who feels aggrieved thereby, may request the Mayor and/or City Recorder to further investigate the grounds for revocation and to reconsider his action, and if the Mayor and/or City Recorder accedes to such request he may suspend or reinstate the license pending his final decision. If the Mayor and/or the City Recorder refuses to accede to such request, or if upon reconsideration, he affirms his revocation of the license, the party so aggrieved may appeal to the City Council, appear in person or by counsel, and may have the attendance of witnesses, books, and papers in his behalf, and may testify in person. The decision of the City Council following such hearing shall be final, subject to only such judicial review as may be provided by law.
(1977 Code 5-113.)
737.20 DEFINITION OF DRUG PARAPHERNALIA.
   Drug paraphernalia as used herein shall be defined in the same manner in which "drug devices" are defined in West Virginia Code Chapter 60A-4-403a(2) as now enacted or hereinafter amended.
737.99 CRIMINAL PENALTIES.
   Except as may herein be expressly provided otherwise, any person violating any provisions under this article 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 fined and imprisoned, and each day or part thereof that any violation shall continue shall be deemed to constitute a distinct and separate offense and be punishable accordingly.
(1977 Code 5-111.)