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272 <br />such license, shall be subject to a penalty of five per centum <br />of the amount of the license tax then due, and such penalty <br />shall be assessed and paid along with the license tax and <br />shall become a part of the license tax, and such person, firm <br />or corporation shall be guilty of a misdemeanor and shall be <br />fined not less than $2.50 nor more than $100.00 for each day <br />he is in default. <br />(f) When any person, firm or corporation, shall, by use <br />of signs, circulars, cards or use of city newspapers, adver- <br />tise any business, it shall be considered prima facie evidence <br />of fheir liability under the ordinance of this city, and they <br />shall be required to take out a license for such business. <br />(g) For the purpose of ascertaining the tax to be paid <br />by a merchant or restaurant owner beginning business, the <br />license tax shall be based on the estimated amount of sales, <br />for a retail merchant, and purchases, for a wholesale mer- <br />chant, that will be so made during the balance of the license <br />year. Every underestimate under this paragraph shall be <br />subject to correction by the Commissioner of Revenue whose <br />duty it shall be to assess retail and wholesale merchants <br />with such additional taxes as may be found to be due after <br />the close of the license year on the basis of the true sales <br />or purchases. <br />(h) It shall be the duty of the Mayor to appoint one <br />member of the police force of the City to act as license in- <br />spector whose duty it shall be to familiarize himself with the <br />various classifications of businesses and professions for <br />which a city license is required and to ascertain whether <br />any and all such businesses and professions conducted with- <br />in the city are duly licensed, and if not to institute procedure <br />as hereinafter set forth. <br />And it shall be the duty of the Commissioner of the Reve- <br />nue to report in writing to the Mayor and license inspector <br />every case of default as soon as it comes to his knowledge. <br />The License Inspector shall cause such delinquent, whether <br />reported by the Commissioner of Revenue or otherwise <br />brought to his attention, to be summoned before the Civil <br />and Police Justice to show cause why they should not be <br />fined under the provisions of this ordinance. However, the <br />special detail of a policeman as license inspector shall not <br />relieve the general force from the duty of enforcing this or <br />any other ordinance, or from the cooperation with the license <br />inspector in the enforcement hereof. <br />(i) It shall be the duty of the Commissioner of the Rev- <br />enue to keep a book, in which he shall classify all the <br />branches of business and occupation upon which a license is <br />imposed by this ordinance, and show the amount of assess- <br />ment made upon each license, the name of the person assess- <br />ed, and the period for which such license was issued. <br />(j) Whenever a specific license is herein imposed such <br />license shall be in addition to the merchant's license unless <br />otherwise provided. <br />(k) Every license granted shall not be proprated for the <br />unexpired portion of the license year unless otherwise pro- <br />vided. <br />(1) No City license shall be transferred from any per- <br />son, firm or corporation, to another person, firm or corpo- <br />ration, except for the continuation of the same business at <br />the same location for which the license was originally issued. <br />The fee for such transfer shall be fifty cents. <br />(m) The Commissioner of the Revenue shall assess for <br />each license issued by him a fee of fifty cents, to be paid by <br />the party to whom said license is issued, which said fees <br />shall be paid to the City Treasurer. <br />(n) The taxes on licenses accruing under the provisions <br />of this ordinance shall be due and payable, except where <br />otherwise herein provided, on or before the first day of May, <br />1941, and shall be paid by the person against whom as- <br />sessed to the Treasurer of the city in his office on or before <br />the first day of May. <br />(o) Should any part of this ordinance be held uncon- <br />stitutional or invalid, it shall nevertheless remain in full <br />force and effect as to the remaining portions thereof.. <br />(p) All ordinances or parts of ordinances, relating to <br />licenses in conflict herewith are hereby repealed. <br />Enacted March 3, 1941. <br />A copy: Teste, <br />JAS. E. BOWEN, JR., <br />Clerk of the Council. <br />Adopted by the Council March 3, 1941 <br />Ayes: Mr. Gleason, Dr. Haden, 11r. Huff, <br />Mr. Nash, and Mr. Peyton. <br />Noes: None. /) <br />esident <br />AN ORDINANCE AMENDING AND REENACTING SECTION 495(10) OF THE <br />CITY CODE OF 1932 ENTITLED "SET BACK BUILDING LINES". <br />BE IT ORDAINED by the Council of the City of Charlottesville that Section 495(10) <br />of the City Code of 1932 entitled "Set back Building Lines", be amended and reenacted so as <br />to read as follows: <br />1 <br />1 <br />SEC. 495 (10) SET BACK BUILDING LINES. <br />(1) In any A or A-1 Residence District no building shall be erected, reconstructed <br />or altered nearer to the street line on which it faces than the average setback observed ' <br />by the buildings on the same side of the street and fronting thereon, within the same <br />block provided that apartment hotels shall not be erected within 50 feet of any street <br />or property line. <br />(2) The side line of a building on a corner lot shall not be a factor in establishing <br />the setback line. <br />(3) Provided that no building shall be required to set back from the street a distance <br />greater than the setback line observed by that one of two existing buildings on the immediate ' <br />adjoining lots on either side, which is the further removed from the street line. <br />(4) Where there are buildings on only one side of a street within the block, the <br />setback line for the unoccupied side shall be the same as that established on the occupied <br />side as hereinbefore provided. <br />(5) Where there is no building on either side of the street within a block, the <br />setback line shall not be less than 30 feet in an A Residence District, nor less than 20 feet <br />in an A-1 Residence District. <br />