[HISTORY: Adopted by the Town Council of the Town of Appomattox 4-11-1994 as Ch. 22, Art. III of the 1994 Code. Amendments noted where applicable.]
License taxes — Charter § 16.
Licensing — See Ch. 126.
Peddling and soliciting — See Ch. 143.
STATE LAW REFERENCES
Regulation of auctions, peddlers, weights and measures, Code of Virginia, § 15.2-1114; Precious metals dealers, Code of Virginia, § 54.1-4100 et seq.; local ordinances regulating precious metals dealers, Code of Virginia, § 54.1-4111; local license taxes, Code of Virginia, § 58.1-3700 et seq.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- ITINERANT DEALER
- A person, concern, business, corporation or partnership which has not conducted a business within the Town for a period of at least six months prior to the effective date of this Code.
- NONRESIDENT OF THE TOWN
- Any person, concern, business, corporation or partnership that does not have a permanent place of abode or domicile within the Town.
- RESIDENT OF THE TOWN
- Any person, concern, business, corporation or partnership that has continuously operated a business or maintained a place of abode or domicile in the Town for a period of one year next preceding the effective date of this Code.
Every person licensed under this chapter shall at the time of licensing, before the license shall be operative, enter with either one corporate or two personal sufficient sureties into a joint and several recognizance to the county in the penal sum of $10,000, conditioned upon due observance of the terms of this chapter. In lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the commonwealth a letter of credit for $10,000.
If any person shall be aggrieved by the misconduct of any licensee under this chapter and shall recover against him therefor, such person may, after the return unsatisfied, either in whole or in part, of any execution issued upon such judgment, maintain actions in his own name upon the bond.
State law reference: Similar provisions, Code of Virginia, § 54.1-4107.
The licensee under this chapter shall be required to ascertain the name, complete address and age of each seller of items described in this chapter by requiring the seller to produce identification, including a state operator's license or other identification card issued by a governmental agency bearing a picture of the seller, and at least one other corroborating means of identification. The licensee shall maintain permanent records containing a detailed description of all items purchased, the date and time of purchase, the price paid and the seller's identity, including his name, complete address, age and social security number. The licensee shall record the means of identification provided by the seller, including the driver's license number or other identifying numbers provided by the seller.
State law reference: Similar provisions, Code of Virginia, § 54.1-4102.
Every licensee under this chapter shall be required to prepare a report at the end of each day listing a complete description of each item purchased, its purchase price and the name and address of the seller. Such report shall be filed with the county sheriff or his duly authorized agent no later than 12:00 noon of the following day.
State law reference: Similar provisions, Code of Virginia, § 54.1-4101.
No purchases shall be made by a licensee under this chapter from anyone under the age of 18 years.
State law reference: Similar provisions, Code of Virginia, § 54.1-4103.
All records maintained by a licensee under this chapter shall at all reasonable times be open to inspection by the county sheriff, any other officer with police jurisdiction within the county or Town thereof and the commonwealth's attorney.
State law reference: Similar provisions, Code of Virginia, § 54.1-4101.1
No property of any sort purchased by a licensee under this chapter shall be disfigured or its identity destroyed or affected in any manner whatsoever, so long as it continues in possession of such licensee, nor shall such property be in any manner concealed or removed from the premises for a period of 72 hours after such property shall have been purchased by the licensee.
The licensee under this chapter shall permit the county sheriff, any other officer with police jurisdiction within the county or Town thereof and the commonwealth's attorney, at any time, to inspect the premises of the licensee and any goods located on such premises, and to search for and take into possession any article known to be missing or known or believed to have been stolen, without the formality of a writ of search warrant or any other process.
State law reference: Similar provisions, Code of Virginia, §§ 54.1-4101.1 and 54.1-4104.
The licensee shall provide the county sheriff with the name, address, date of birth and social security number of every employee or agent working on the licensee's premises. Such information shall be provided to the sheriff within 24 hours from the commencement of such person's employment.
Any person convicted of violating any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense he shall be guilty of a Class 1 misdemeanor.
Upon the first conviction of a dealer for violation of any provision of this chapter, the chief law-enforcement officer may revoke the dealer's permit for one full year from the date the conviction becomes final. Such revocation shall be mandatory upon a second conviction.
No itinerant dealer or nonresident of the Town shall engage in the business of purchasing gold, silver, platinum, gems, semiprecious stones or any secondhand or used gold, gold-plated, silver, silver-plated, platinum, platinum-plated or pewter flatware, tableware or other similar household items, watches, jewelry or coins in the Town without obtaining a license as provided in this chapter.
State law reference: Similar provisions, Code of Virginia, § 54.1-4108(A).
The license fee and requirements of a security bond set forth in this chapter shall not be applicable to any resident of the Town, but all other provisions of this chapter shall apply to such person, concern, business, corporation or partnership.
Licenses shall be issued by the commissioner of the revenue to any person able to produce satisfactory evidence of good character, and such license shall designate the premises wherein the licensee shall conduct his business.
The applicant shall state his full name and address, date of birth, social security number, the full name and address of the proposed place of business and its hours of operation, a statement setting forth in detail the goods intended to be purchased, and a statement as to whether such location is a permanent or temporary place of business. Applications made under this chapter shall be in writing and verified by oath of the applicant.
An annual fee of $1,000 shall be charged for any license issued pursuant to this chapter.
A copy of each application shall be forwarded to the county sheriff by the commissioner of the revenue.
Any false statement made on the application form for a license under this chapter voids the license ab initio.
The license issued under this chapter shall be a personal privilege and shall not be transferable, either to another person or to another location, nor shall there be any abatement of the tax upon such license by reason of the fact that the licensee shall have exercised the privilege for any period of time less than that for which it was granted. The license shall at all times be kept publicly exposed by the licensee on his business premises.
State law reference: Permit not transferable, Code of Virginia, § 54.1-4108(D).
For good cause shown, the Town Council may revoke the license of any person licensed under this chapter. Such action shall be taken only after notice has been given to the licensee and at a regular scheduled meeting of the Town Council. In the event of such revocation, no portion of the license fee shall be refunded.