721.01 Definitions.
721.02 Purposes for which license required.
721.03 Application for license; payment of tax and fees; records.
721.04 False statements prohibited.
721.05 Separate license required.
721.06 Expiration date; annual renewal; proration of tax and fees.
721.07 Display of license.
721.08 License not assignable.
721.09 Unlawful acts.
721.10 Suspension and revocation of licenses, appeals.
721.11 Criminal violations and penalties.
721.12 Prosecution for violations; injunctions.
CROSS REFERENCES
Authority to tax - see W.Va. Code 8-13-4, 11-12-4
(a) “Business” means any economic activity, whether a person engaged expressly or impliedly holds himself out as engaged in business or supplying his products or a commodity or service to the public as a class or a limited portion of the public or sells any goods, wares, merchandise of any kind or provides a service of any kind; provided, the “business” shall not include sales of products of the farm, garden, or dairy by the producer or grower thereof; occasional sales by societies acting for charitable, religious, or benevolent purposes; judicial sales directed by law or court order; or any business the gross income of which is less than one thousand dollars ($1,000) per license year and, in this connection, “gross income” shall mean the gross receipts of the business received as compensation for personal services and from trade, commerce, or sales and the value accruing from the sale of tangible property (real or personal), or service or both, without any deduction on account of the cost of property sold, materials used, labor costs, taxes or any other expense whatsoever.
(b) “Business franchise certificate” shall mean a franchise or certificate, issued by or in behalf of the State, authorizing a person to conduct business within the State of West Virginia and when referred to in Articles 721 and 723 as certificate or registration shall mean business franchise registration certificate.
(Ord. 1981-82-11. Passed 6-6-82.)
(c) “Handyman” means any person performing alterations, repairs, improvements or other work in or around real property with remuneration paid by the owner of such property at less than two thousand five hundred dollars ($2,500) for each job or contract.
(Ord. 2021-2022-6. Passed 1-11-22.)
(a) It shall be unlawful for any person or entity to conduct within the Town any business, profession, calling or revocation for which a Town license is required by Articles 721 and 723 or elsewhere in the other titles or for which a business franchise registration certificate or any other form of state license is required by law without first obtaining from the Town such Town license as may be required therefor, and each person so licensed by the Town shall pay such Town license tax or fee as may be imposed thereon by the Town and maintain such Town license in a currently valid status at all times while conducting the business, profession, calling or vocation to which such Town license relates.
(Ord. 2021-2022-6. Passed 1-11-22.)
(b) On or after June 1, 2010, no person shall engage in the City in any act as a contractor, subcontractor or handyman, as defined in this article, unless such person holds a license issued under the provisions of this article. No firm, partnership, corporation, association or other entity shall engage in contracting in the City unless an officer thereof holds a license issued pursuant to this article.
(1) Application. Application for a contractor’s or handyman’s license shall be made to the Building Official and shall state in which building trade specialty or specialties the applicant seeks a license. Where the applicant is a firm or corporation, such applicant shall state in writing the name of the person who will submit qualifications. In case such person thereafter severs his connection with the firm or corporation and no other member of such firm or corporation has qualified as required by this section, the license granted to such firm or corporation shall no longer be in force, and such firm or corporation shall be required to make application for a license in the same manner as before.
(2) Forms. Every applicant for a contractor or handyman’s license shall complete application form supplied by the Building Official.
(3) Registration fee. Effective July 1, 2010:
A. Registration fee for a building contractor shall be ninety dollars ($90.00) each year and shall expire June 30, of each year.
B. Registration fee for handyman shall be fifty dollars ($50.00) each year and shall expire June 30 of each year.
(4) Validity; transferability. A building contractor’s license and handyman’s license shall be valid, and have force for a period of one year beginning July 1 of each year. A contractor or handyman may not be issued a building permit unless his license has been duly renewed, and he has paid the registration fee. A contractor or handyman shall re-register if he allows his license to lapse for one full year. No license issued hereunder shall be transferable.
(c) Any person to whom a license has been issued under this article or Article 723 shall keep the license or a copy thereof posted in a conspicuous position at every site where work is being done or posted in the window of the vehicle used in support of said activity. The license number shall be included in all advertisements and all fully executed and binding contracts. Any person violating the provisions of this subsection shall be subject to a warning or a fine of not more than two hundred dollars ($200.00).
(d) Except as otherwise provided in this article, the following are exempt from licensure:
(1) Work done exclusively by employees of the United States Government, the State of West Virginia, a county, the City of Winfield, and any governmental subdivision or agency thereof;
(2) The sale or installation of a finished product, material, article, or merchandise which is not actually fabricated into and does not become a permanent fixed part of the structure;
(3) A material supplier who renders advice concerning use of products sold and who does not provide construction or installation services;
(4) Work performed by a public utility company regulated by the West Virginia Public Service Commission and its employees;
(Ord. 2009-2010-02. Passed 10-13-09.)
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