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(A) Each city license shall confer a personal privilege only to transact the business, profession, calling, or vocation which is the subject of the license, and shall not be exercised except by the person holding the same and shall not be assignable to any other person.
(B) (1) Changes in the name of the person or change of location, or address, or changes in ownership of the business or changes in real parties of interest shall be considered a cessation of the business and a new city license shall be required.
(2) Changes of partners or members of firms or officers of a corporation shall not require a new license to be issued.
(Prior Code, § 14-8)
Statutory reference:
State business franchise registration certificates, see W. Va. Code 11-12-6
Nothing in this chapter, and no payment for or issuance of any city 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.
(Prior Code, § 14-9)
The City Treasurer may distrain upon any real or personal property, including intangibles, of any person delinquent in the payment of city license taxes, fees, or penalties accrued and unpaid under the provisions of this chapter, or he or she may bring a civil action or institute appropriate legal or equitable procedure for the collection thereof in any court of competent jurisdiction, and for any such purpose he or she may have the assistance of the City Attorney, the Chief of Police, or other appropriate city officer.
(Prior Code, § 14-11)
Statutory reference:
Enforcement procedures for collection of delinquent taxes, see W. Va. Code Ch. 11A, Art. 2, 11A-2-1 et seq.
(A) The City Clerk, upon reasonable notice to the licensee, may summarily revoke any license issued by him or her 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.
(B) Any person having an interest in any license so revoked and who feels aggrieved thereby may request the City Clerk to further investigate the grounds for revocation and to reconsider his or her action and, if the City Clerk accedes to such request, he or she may suspend or reinstate the license pending his or her final decision. If the City Clerk refuses to accede to such request, or if, upon reconsideration, he or she affirms his or her revocation of the license, the party so aggrieved may appeal to the Common Council, which shall, without delay, afford such person a public hearing at which he or she may appear in person or by counsel, and may have the attendance of witnesses, books, and papers in his or her behalf, and may testify in person. The decision of the Common Council following such hearing shall be final, subject only to such judicial review as may be provided by law.
(Prior Code, § 14-12)
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 or she shall be subject to immediate prosecution in the Police 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.
(Prior Code, § 14-14)
LICENSE TAXES ON AND REGULATIONS GOVERNING CERTAIN BUSINESSES
Every person engaging in any business, profession, calling, or vocation in the city, for which a state business franchise registration certificate is required and for which no other city license tax or fee is prescribed in this code or other ordinance, and which is not exempted from the payment of any city license tax or fee by state law, this code, or other ordinance, shall obtain annually a city license therefor and shall pay to the city an annual license tax of $15, or other amount deemed appropriate by the Municipal Court, for each location within the city where he or she holds himself or herself out to engage in or transact business therefrom.
(Prior Code, § 14-15)
Statutory reference:
State law imposing tax of $15 for each location for which a state business franchise registration certificate is required, see W. Va. Code 11-12-3
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