[CC 1981 §610.010; Ord. No. 392 §3, 9-29-1975]
As used in this Chapter, the following words shall have the
meanings ascribed to them:
BUSINESS OR OCCUPATION
Every person, firm, association or corporation, their lessees
and their trustees or receivers appointed by any court whatsoever
engaged in any business, occupation, pursuit, profession or trade
or in keeping or maintaining any institution, establishment, article,
utility or commodity within the City.
FEE
Unless otherwise provided by this Chapter, includes all license
fees levied on or required to be paid as herein provided by any merchant,
business, trade, occupation or manufacturer.
LICENSES
Unless otherwise provided, includes all licenses and permits
required to be secured or had as provided by any merchant, business,
occupation or manufacturer.
LICENSE YEAR
Unless otherwise provided, shall begin on the first (1st)
day of October or, in the case of those newly established, at the
beginning of doing business and shall end on the thirtieth (30th)
day of September.
MANUFACTURER
Any person, firm, corporation, co-partnership or institution
engaged in the production of any article, thing or object by skill
or labor out of raw materials or from matter which has already been
subjected to artificial forces or to which something has been added
to change its natural condition.
MERCHANT
Every person, firm, association or corporation, their lessees
and their trustees or receivers appointed by any court whatsoever
engaged in the selling of any goods, wares or merchandise at any store,
stand or place occupied for that purpose within the City.
[CC 1981 §610.020; Ord. No. 392 §12, 9-29-1975]
A person, firm, co-partnership or corporation shall not engage
in any business, occupation, trade, vocation or engage in the business
of a merchant or manufacturer as described herein within the City
of Winchester without having obtained a license therefore from the
City. All obligations due the City shall have been paid prior to the
issuance of a license.
Every applicant for a new license or for renewal prior to the
issuance of said license shall provide the City with a current inspection
of code compliance by the City's Building Department and appropriate
Fire Department approval. The building inspection fee shall be as
set by the Board from time to time by ordinance.
[CC 1981 §610.030; Ord. No. 519 §1, 10-22-1980; Ord. No. 631 §§1 — 2, 4-25-1990]
The annual license fee levied by the terms of this Chapter shall
be twenty dollars ($20.00) for every one hundred (100) square feet
or fraction thereof of the occupied premises; provided further, that
no license shall be issued to any merchant, business, occupation or
manufacturer under the provisions of this Chapter for a sum less than
fifty dollars ($50.00) per annum.
[CC 1981 §610.040; Ord. No. 392 §5, 9-29-1975]
A license shall not be assignable or transferable.
[CC 1981 §610.050; Ord. No. 392 §6, 9-29-1975]
A separate license shall be obtained for each stand, store or
place of business conducted, operated or maintained by every merchant,
business, occupation or manufacturer for which a license is required.
The City Clerk of the City of Winchester shall receive applications
for said license, the fee thereof and issue said license.
[CC 1981 §610.060; Ord. No. 392 §7, 9-29-1975; Ord. No. 683 §1, 9-23-1992]
A. All
license fees shall be due and payable on the first (1st) day of October
each year and shall be considered delinquent after the first (1st)
day of November following. Business started after the first (1st)
day of October of any year are due and payable upon commencement of
their business.
B. Proration Of Merchant's License Fees. Licenses may be issued
for part of a year for businesses commenced after the first (1st)
day of October and proportionate fees charged based on the quarter
of year such license is to run to the next September thirtieth (30th).
[CC 1981 §610.070; Ord. No. 392 §8, 9-29-1975]
The City Clerk shall keep a complete record of all licenses
issued showing the nature of the license and date of issuance, to
whom issued and address for which issued.
[CC 1981 §610.080; Ord. No. 392 §9, 9-29-1975]
Every applicant shall provide the City Clerk with a correct
statement in writing indicating the name and address of said business
or occupation, the owner and home address thereof, the nature of said
business, the number of square feet of the occupied premises, and
any other information required by the City.
[CC 1981 §335.080; Ord. No. 270 §84, 3-24-1970]
It is unlawful to vend or distribute merchandise or materials
from a vehicle, stand or otherwise within the limits of any highway,
road or street in the City of Winchester except under such license,
conditions and regulations prescribed by City ordinances; but in no
instance shall such vending be permitted or authorized where the same
causes traffic confusion and interferes with the free and unhindered
mobile progression of traffic.
[CC 1981 §610.090; Ord. No. 392 §10, 9-29-1975]
A. In
any case in which a complaint has been made to the Board of Aldermen,
or in which the Board of Aldermen have on their own determined that
cause may exist for the revocation of a license under the provisions
of this Chapter, the following procedures shall be followed:
1. The Board of Aldermen shall set a date for a hearing to consider
the question of revocation.
2. At least ten (10) days prior to said hearing, written notice shall
be mailed to the licensee, by registered mail, return receipt requested,
to his/her last known address as shown in the records of the City
Clerk advising the licensee of the time, date and place of hearing
and of the reason for considering the revocation of his/her license.
3. During the pendency of this hearing before the Board of Aldermen,
the licensee shall be permitted to continue the operation of his/her
business.
4. At the hearing set by the Board of Aldermen, the Board of Aldermen
shall hear all relevant and material evidence justifying the retention
of the license.
5. The licensee may be present in person and/or by his/her attorney
and may present evidence.
6. After hearing the evidence presented, the Board of Aldermen shall
vote on the issue of whether the subject license shall be revoked.
7. The affirmative vote of a majority of the Board of Aldermen shall
be necessary to revoke any license.
B. Any
failure to comply with or any violation of any provision of this Chapter
by any licensed merchant, business occupation or manufacturer shall
be cause for revocation or suspension of such license by the Board
of Aldermen. Said revocation or suspension shall be in addition to
any other penalties prescribed. Said revocation or suspension shall
be upon notice and hearing by the Board of Aldermen and/or their designee.
[Ord. No. 1071, 1-10-2018]
A. All license fees provided for in this Chapter shall be deemed delinquent
if not paid within the time when payable as set out in this Chapter,
and any merchant, business, occupation or manufacturer so delinquent
shall be required to pay the City an additional ten percent (10%)
of the amount due for the first month of said delinquency and one
percent (1%) for each month or part thereof that said delinquency
shall continue thereafter in addition to any other penalty prescribed
herein.
B. All statements by a merchant, business, occupation or manufacturer
which would cause a reduction in the license fees shall be required
to pay the City the additional amount due plus a penalty of twenty-five
percent (25%) of such additional amount plus one percent (1%) interest
per month or fraction thereof on such additional amount on the date
originally due in addition to any other penalties prescribed herein.
C. Any failure to comply with or the violation of any provisions of
this Chapter shall be a misdemeanor and shall be punishable upon conviction
thereof by a fine of not less than five dollars ($5.00) nor more than
five hundred dollars ($500.00) for each offense in addition to any
other penalties prescribed by this Chapter.
D. Each day such failure to comply or such violation continues shall
be deemed a separate offense.
E. Any failure to comply with or any violation of any provision of this
Chapter by any licensed merchant, business occupation or manufacturer
shall be cause for revocation or suspension of such license by the
Board of Aldermen, and said revocation or suspension shall be in addition
to any other penalties prescribed herein.
F. This penalty shall be in addition to any other penalties prescribed
in the Winchester Municipal Code.