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