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(A) Persons owning and operating coin-operated merchandise service, amusement, or music devices or vending machines shall obtain annual licenses and pay the fees prescribed in this section on or before July 1 of each year.
(B) The liability for the license to operate any type of coin-operated merchandise, service, amusement or music devices, or vending machines shall be upon the owner of the machine. The ownership shall be established by either a bill of sale, paid invoice, or a conditional sales contract which has been recorded in the applicable County Clerk’s office. The leasing of such a machine shall not be considered as a transfer of ownership of the machine and where a lessor-lessee relationship exists, the lessor shall be liable for the applicable license and fees.
(C) The annual license fee to own and operate a coin-operated baggage or parcel checking machine or device which is used for the storage of baggage or parcels of any character shall be $0.50, or other amount deemed appropriate by the Municipal Court, for each section of any such device which is operated on the coin-in-the-slot principle; the annual license fee to own and operate any coin-operated toilet locker or device, sanitary napkin device, or bed vibrator device shall be $0.50, or other amount deemed appropriate by the Municipal Court, for every such locker or device. The city will not furnish, deal stamps for these devices; however, the owner shall identify each machine by installing on each device an identification label, plainly legible and visible, in such a manner that the machine need not be moved to observe the identification label, and the identification label shall contain the name of the owner, his or her city license number, his or her street address, and name of city and state of residence.
(D) The annual license fee to own and operate a total of 20 or more coin-operated amusement or music devices of the following types shall be: one cent devices - $50; five cent devices - $150; ten cent devices - $225; over ten cent devices - $300; or other amounts deemed appropriate by the Municipal Court. The operator of more than one type of such devices shall pay the highest fee prescribed. The license fee to own and operate less than 20 amusement or music devices shall be upon a per device basis as follows: one cent devices - $2; five cent devices - $5; ten cent devices - $10; over ten cent devices - $12.50; or other amounts deemed appropriate by the Municipal Court. Any device taking more than one denomination of coin shall be licensed on the basis of the largest denomination of coin taken or the total of the coins necessary to make the device function or operate.
(E) The annual license fee to own and operate a total of 20 or more coin-operated merchandise or service devices of the following types shall be: one cent devices - $50; five cent devices - $100; ten cent devices - $150; over ten cent devices - $250; or other amounts deemed appropriate by the Municipal Court. The operator of more than one type of such devices shall pay the highest fee prescribed. The license fee to own and operate less than 20 merchandise or service devices shall be upon a per device basis as follows: one cent devices - $2; five cent devices - $5; ten cent devices - $10; over ten cent devices - $12.50;or other amount deemed appropriate by the Municipal Court. Any device taking more than one denomination of coin shall be licensed on the basis of the largest denomination of coin taken or the total of the coins necessary to make the device function or operate.
(F) The fees herein prescribed are on an annual basis, commencing July 1 of each year, expiring on the following June 30, and are not proratable if taken out during the license year nor shall fees paid be refundable if a license is revoked, suspended, or business ceased during the license year.
(G) No license fee shall be required of stores or businesses owning and operating such machines or devices owned by them in their own licensed stores; provided, that where the principal business is the operation of the machines or devices, then licenses shall be obtained as outlined above; and provided further, that any person exempt from or not liable for such license shall identify each machine by installing on each device an identification label, plainly legible and visible, in such a manner that the machine need not be moved to observe the identification label and the identification label shall contain the name of the owner, his or her store license number, his or her street address, and name of city and state of residence.
(H) The provisions of this section shall not be applicable to any pay telephone, postage stamp vending machines, or currency changing machines operated on the coin-in-the-slot principle.
(I) Application for license required herein shall contain the necessary information for the proper licensing under the foregoing fee schedule for machines that are owned and operated on location by the licensee within this city during the ensuing license year or any part of a fiscal year. Each vending machine operator shall make application to the City Clerk on forms provided by him or her and the applicant shall furnish such information as may be required by the City Clerk, including a certified statement of the total number of machines, by location, of each coin denomination type in each classification, viz., service, music or amusement, and merchandise or service machines; provided, that vending machine operators operating 20 or more machines are only required to furnish the City Clerk with a certified statement as to the total number of machines on location in this city, and the applicant shall be subject to the penalties of false swearing for any untrue statements contained in his or her application.
(J) The City Clerk shall assign each license issued hereunder a number. It shall be the responsibility and duty of the owners of all coin-operated devices subject to the licenses herein provided to properly identify each machine by installing on each device an identification label, plainly legible and visible, in such a manner that the machine need not be moved to observe the identification label, and the identification label shall contain the name of the owner, his or her license number, his or her street address, and name of city and state of residence.
(K) In the event any coin-operated device is found on location and not bearing the owner’s address and current license number as prescribed above, the City Clerk or his or her agents may seal the device in such a manner as to make it inoperable. The seal shall state the date sealed and bear the signature and title of the sealer. Anyone other than the City Clerk or his or her authorized agent who shall break or tamper with such seals, or conceal or move a sealed machine from its location, shall be subject to the criminal provisions of this chapter.
(L) The owner of a sealed machine may petition the City Clerk to remove seal(s) from the owner’s machine(s) by filing a petition, on forms provided by the City Clerk, and paying to the City Treasurer a sealing fee of $10 for each sealed machine, or other amount deemed appropriate by the Municipal Court. After receiving such petition and fee, and after the owner has complied with all the applicable provisions of this chapter, the City Clerk shall, within a reasonable time, cause such petitioned seals to be removed. If the owner of the sealed device has not, within 30 days from the date the device was sealed, paid a sealing fee of $10, or other amount deemed appropriate by the Municipal Court, to the City Treasurer as well as having, to the satisfaction of the City Clerk, complied with all other applicable provisions of this chapter, then and in which event, the City Clerk or his or her agents shall take such sealed device into possession and deliver the same to the Chief of Police, or the Chief of Police upon direction of the City Clerk shall take such sealed device into possession and forthwith sell such sealed device in the manner provided by law for the sale of personal property for taxes; and from the proceeds of sale, including any currency found in the sealed machine and removed prior to sale, shall pay his or her costs, including drayage, storage, penalties, and other fees due the city; and the balance, if any there be, shall be paid to the City Treasurer for deposit and credit in the same manner as are the license fees collected under this section.
(M) Every person subject to the provisions of this subchapter shall make such reports and keep such records as may be required by the rules and regulations of the City Clerk, and shall permit him or her to inspect such records and the stocks and supplies on hand at any time. Every such person shall be required to make his or her records available for inspection by the City Clerk or his or her authorized agents.
(N) The City Clerk is hereby authorized to make and promulgate such reasonable rules and regulations as may be necessary to administer the provisions of this section and other sections of this subchapter which relate to coin-operated devices to ensure the collection of the taxes imposed thereby.
(Prior Code, § 14-18)
(A) Coin-operated devices which wash, dry, clean, or dry clean items of any description, exclusive of vehicle washing devices but including clothing and household items, or dispense merchandise for use in such washing, drying, cleaning, or dry cleaning, are hereby subject to a license tax.
(B) All persons owning the aforementioned devices, or like washing devices, shall be liable for payment of such license tax. Ownership shall be deemed established by determining who is the purchaser by either a bill of sale, paid invoice, or a conditional sales contract or agreement filed and recorded in the applicable County Clerk’s office in this state or in the office of the Secretary of State. Leasing of machines will not be deemed a transfer of ownership.
(C) The annual license fee to own machines being operated in this city and whether operated by the owner or other persons shall be as follows: upon ten or more machines in any one location, the annual license fee shall be $30, or other amount deemed appropriate by the Municipal Court; upon fewer than ten machines in any one location, the annual license fee shall be $3 for each machine, or other amount deemed appropriate by the Municipal Court; provided, that in no instance shall the annual license fee be less than $15, or other amount deemed appropriate by the Municipal Court.
(D) It is hereby provided that no machine or device licensed under the provisions of this section shall be subject to the license fees and taxes imposed by § 110.29.
(Prior Code, § 14-19)
The annual license fee to engage in the business of a collection agency in the city shall be $50, or other amount deemed appropriate by the Municipal Court. For purposes of this section, 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 in the city.
(Prior Code, § 14-19.1) (Ord. passed 7-17-1972)
Every domestic and foreign corporation whose principal place of business or chief works are located in this city shall pay an annual city license tax of $25, or other amount deemed appropriate by the Municipal Court; provided, that any such domestic corporation, the authorized capital stock of which does not exceed $5,000, shall pay an annual city license tax of $20, or other amounts deemed appropriate by the Municipal Court; but this section shall not be construed as imposing a tax on corporations chartered strictly for educational, literary, agricultural, religious, cemetery, or charitable purposes, or upon charters incorporating Masonic Lodges, Odd Fellows Lodges, or other charitable or beneficiary societies.
(Prior Code, § 14-20)
(A) (1) When used in this section, the term HAWKER AND PEDDLER shall mean and include all persons who engage or conduct, within this city, in traveling from place to place within this state, a temporary or transient business of selling goods, wares, or merchandise for delivery at the time of sale; and who, for the purpose of carrying on such business may use, lease, or occupy either in whole or in part, a shed or sheds, open ground, streets, roads, or highways, a room, building, or other structure or who use, lease, or occupy for such purposes a room or rooms in any hotel or lodging house, for the exhibition and sale of goods, wares, and merchandise; or any person who shall carry goods, wares, or merchandise from place to place on foot or with a vehicle, either in person or by agent or employee, and sell, for delivery at the same time, any goods, wares, or merchandise to any purchaser at wholesale or retail, and any person who shall solicit for the purpose of rendering any service shall be deemed a HAWKER AND PEDDLER under this section. The person so engaged shall not be relieved from the provisions of this section by reason of association temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such temporary or transient business in connection with or as part of the business of, or in the name of, any local dealer, trader, merchant, or auctioneer.
(2) The annual license fee to act as a hawker and peddler, if the person licensed travels without a vehicle, shall be $10; if he or she travels with a vehicle of not more than one-half ton capacity, $15; if he or she travels with a vehicle of more than one-half ton capacity, but not exceeding one ton capacity, $50; if he or she travels with a vehicle of more than one ton capacity, but not exceeding two tons capacity, $100; and if he or she travels with a vehicle of more than two tons capacity, $150, plus $100 for each additional ton or fraction thereof over two tons capacity; and the person licensed shall pay at the same rate for each and every vehicle so used; or other amount deemed appropriate by the Municipal Court. Such person shall carry his or her license in some conspicuous place in his or her vehicle or about his or her pack; and in addition thereto, he or she shall cause to be painted or stenciled in a conspicuous place on the left-hand side of his or her vehicle the number of such license and the words “Weston Hawker and Peddler” and the license year for which such license is issued, which information shall be in black letters on a white background, and the whole thereof shall be at least eight by 20 inches in size.
(B) The provisions of this section shall not apply to any person who sells any goods, wares, or merchandise to be delivered in the future; or to any of the following who offer immediate delivery of the goods, wares, or merchandise being sold:
(1) Any person or persons engaged within this state in the business or calling of agriculture, horticulture, or grazing, who sells or sell individually or collectively, one or more for the other or others, the products derived from his, her, or their business or calling aforesaid;
(2) Any retail or wholesale business concern, established and operating continuously for one year or more within this state in the sale of any product or products over regular routes who are licensed under other provisions of this subchapter;
(3) Any wholesaler or jobber selling soft drinks or nonintoxicating beer for which he or she is duly licensed under other provisions of this or another chapter of this code;
(4) Any person who sells petroleum products, ice, wood, meat, ice cream, dairy products, bread, cakes, pies, and other bakery products, butter and eggs, manufactured, grown, or produced by any such person and not purchased by him or her for resale;
(5) Sales made to persons by commercial travelers, or selling agents in the usual course of business, nor to bona fide sales of goods, wares, or merchandise by sample for future delivery; nor to any sales of goods, wares, or merchandise on the grounds of any agricultural association during the continuance of any annual fair held by such association; nor to any sales by organizations acting for charitable, religious, or benevolent purposes; nor to annual showings or street exhibits, which may include sales of their showings or exhibits conducted by members of art associations; numismatic or philatelic societies or antique associations or societies when such showing or exhibit does not continue for more than one week each calendar year; nor to judicial sales directed by law or under the orders of any court;
(6) Any agent or salesperson selling manufactured products produced by his or her employer, and who sells the same to retail dealers for the purpose of resale; and
(7) Any firm, corporation, or individual having a stock of goods, or merchandise, or manufacturing or processing plant or plants kept or operating at a fixed location in the state, and declared for taxation in the county where located, and using a vehicle or vehicles over a fixed route or routes for the purpose of selling or distributing at wholesale, their, his, her, or its said merchandise, stock of goods, or plant products.
(C) Any person who is exempt from the payment of any license fee under this section, as above provided, shall obtain from the City Clerk a license receipt, without cost, showing that he or she is so exempt, and which shall run for a period of one year after the issuance thereof; but to obtain such license receipt he or she shall make an affidavit as to the facts entitling him or her to such exemption on a form to be prescribed by the City Clerk. Any licensed hawker or peddler who shall be guilty of any fraud, cheating, or misrepresentation, whether through himself, herself, or through an employee, while acting as a peddler in this city or who shall barter, sell, or peddle any goods or merchandise or wares other than those specified in his or her application for a license shall be deemed guilty of a violation of this section.
(Prior Code, § 14-21) Penalty, see § 110.99
Any person engaging in the business of providing the accommodations and services of hospital, sanatorium, or extended care facility operated in connection with a hospital shall pay an annual city license tax of $20, or other amount deemed appropriate by the Municipal Court; provided, that this section shall not be applicable to any institution owned or operated by the federal or state government.
(Prior Code, § 14-22)
Statutory reference:
Licensing of hospitals, sanatoriums, and extended care facilities, see W. Va. Code 16-5B-2
Any person engaging in the business of providing the accommodations or services of a hotel, motel, inn, tourist home, rooming house, boarding house, or other establishment where lodging is furnished for compensation shall pay an annual city license tax of $20, or other amount deemed appropriate by the Municipal Court; provided, that this section shall not apply to any such establishment which provides accommodations and services for not more than four or more persons.
(Prior Code, § 14-23)
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