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(g) Evidence of Business. <br /> <br />When any person, firm or corporation shall by use of signs, circulars, <br /> <br />cards or use of city newspapers, or local radio stations, advertise any business, <br /> <br /> it shall be considered prima facie evidence of their liability under the ordinance of <br /> <br /> this city, and they shall be required to take out a license for such business. <br /> <br /> <br />(h) Beginning Business. <br /> <br />For the purpose of ascertaining the tax to be paid by every person, firm or <br /> <br />corporation beginning business whose license tax is based on sales, purchases, <br /> <br />gross receipts or commissions, the license shall be based on the estimated amount <br /> <br />of sales, purchases, gross receipts or commissions which will be made during the balance of the license year. <br /> <br />In the case of any merchant operating a seasonal or temporary business the estimated <br /> <br /> license tax paid shall not be less than $150.00. <br /> <br />Every underestimate or overestimate under this paragraph shall be subject to correction <br /> <br /> by the Commissioner of Revenue whose duty it shall be to review all estimated licenses <br /> <br /> and assess any additional licenses as may be found to be due after the close of the license <br /> <br />year on the basis of true sales, purchases, gross receipts or commissions, and any taxpayer <br /> <br /> who has overestimated shall be entitled to a refund of the amount so overestimated. <br /> <br /> <br />(i) Record—Classified. <br /> <br />It shall be the duty of the Commissioner of Revenue to report in writing or otherwise to the <br /> <br />Mayor and Chief of Police every case of default as soon as it comes to his knowledge. <br /> <br />The Chief of Police shall cause such delinquent, whether reported by the Commissioner of <br /> <br />Revenue or otherwise brought to his attention, to be summoned before the Civil and Police <br /> <br />Justice to show cause why they should not be fined under the provisions of this ordinance. <br /> <br />It shall be the duty of the police force in general to assist in the enforcement of this ordinance. <br /> <br /> <br />(j) Record—Classified. <br /> <br />It shall be the duty of the Commissioner of the Revenue to keep a book, in which he shall <br /> <br /> classify all the branches of business and occupation upon which a license is imposed by <br /> <br /> this ordinance, and show the amount of assessment made upon each license, the name <br /> <br /> of the person assessed, and the period for which such license was issued. <br /> <br /> <br />(k) Specific License. <br /> <br />Whenever a specific license is herein imposed such license shall be in addition to the <br /> <br /> merchant's license unless otherwise provided. <br /> <br /> <br />(l) Pro-ration. <br /> <br />Every license granted shall not be prorated for the unexpired portion of the license <br /> <br /> year unless otherwise provided. <br /> <br /> <br />(m) Transfer. <br /> <br />No City license shall be transferred from any person, firm or corporation to another <br /> <br />person, firm or corporation, except for the continuation of the same business at the <br /> <br /> same location for which the license was originally issued. <br /> <br />The fee for such transfer shall be fifty cents. <br /> <br /> <br />(n) Fees. <br /> <br />The Commissioner of the Revenue shall assess for each license issued by <br /> <br /> him a fee of fifty cents, to be paid by the party to whom the said license is issued, <br /> <br /> which said fees shall be paid to the City Treasurer. <br /> <br /> <br />(o) Due Date. <br /> <br />The taxes on licenses accruing under the provisions of this ordinance shall be due <br /> <br /> and payable except where otherwise herein provided, on or before the first day of <br /> <br /> June, 1950, and shall be paid by the person against whom assessed to the Treasurer <br /> <br />of the City in his office on or before the first day of June. <br /> <br /> <br />(p) Savings Clause. <br /> <br />Should any part of this ordinance be held unconstitutional or invalid, it shall nevertheless <br /> <br /> remain in full force and effect as to the remaining portions thereof. <br /> <br /> <br />(q) License Inspector. <br /> <br />The Mayor may appoint for such period as he may deem advisable, at such <br /> <br />compensation as the Council may approve a License Inspector whose duty it <br /> <br />shall be to investigate and ascertain whether any person, firm or corporation, <br /> <br />engaged in any business or profession for which a license is required under this <br /> <br /> or any other ordinance of the City of Charlottesville has secured a proper license. <br /> <br /> And in any case in which the amount of tax for such license is based on sales or <br /> <br />purchases or the amount of business done, the said License Inspector shall have the <br /> <br /> power to summon the person, firm or corporation engage. <br /> <br /> <br />(q) License Inspector. <br /> <br />in such business or profession before him for examination under oath, <br /> <br /> and require the production of any books, accounts, or records of such person, <br /> <br /> firm or corporation for inspection by said License Inspector. <br /> <br />And the said License Inspector is further authorized and empowered to make such <br /> <br /> other and further investigations, examinations and audits of the records, books, and <br /> <br /> accounts of such person, firm or corporation as he shall deem proper in order to determine <br /> <br /> accurately the amount of license taxes properly payable. <br /> <br />If it shall appear that purchases, sales, or amount of business or any other matter pertinent <br /> <br /> to the assessment of license tax have been incorrectly reported or returned the said Inspector <br /> <br />shall report his findings to the Director of Finance, who shall, if he be satisfied that an incorrect <br /> <br /> report or return has been made, direct the Commissioner of Revenue to assess a proper license <br /> <br /> tax in accordance with the findings of the Inspector. <br /> <br />Any person, firm or corporation who shall fail to appear before said Inspector to produce such records, <br /> <br /> books and papers, when duly summoned or shall refuse to permit said Inspector to make such other <br /> <br /> and further investigation and audit of said books and papers as aforesaid, shall upon conviction thereof <br /> <br /> be fined not less than $10.00 nor more than $200.00. <br /> <br />In performance of the duties hereby imposed, the License Inspector shall be subject to the supervision <br /> <br /> and direction of the Director of Finance. <br /> <br /> <br />(r) Oath to Application. <br /> <br />Every person liable to a license tax under this ordinance shall make application in writing therefor <br /> <br /> and each such license is based upon the amount of his actual or probable purchases, or sales, <br /> <br /> or of his actual or probable commissions, or of the gross receipts from his business or profession, <br /> <br /> or graded in any other way, shall before he shall be granted such license, be required to make oath <br /> <br /> in writing before some Notary Public, to himself a state or city officer, or directly or indirectly employed <br /> <br /> by such officer, or before the Commissioner of Revenue, in such application stating, respectively, the <br /> <br />amount of his actual or probable purchases, or sales, or of his actual or probable commissions, or of <br /> <br />the gross receipts from his business or profession, or any other matter that may be pertinent to the <br /> <br />assessment of the tax on such license; provided, that, in the case of an incorporated company, such <br /> <br /> oaths shall be made by the chief officers or agent resident in the City of Charlottesville, <br /> <br />or in charge of the business of said company, and in the case of a firm, by any member thereof. <br /> <br />The said form to provide that the application and oath shall be separately made and signed. <br /> <br />(s) Penalty for failure to file statement required or making a false statement. <br /> <br />If any person subject to the payment of a license tax required under this ordinance, shall <br /> <br /> fail or refuse to file the statement or statements required by this ordinance, or who shall <br /> <br />make any false statement in the affidavit required by this ordinance, shall upon conviction <br /> <br /> thereof be fined not less than $25.00 nor more than $500.00 or confined in jail for not more <br /> <br /> than six months, or both, in the discretion of the court or jury. <br /> <br />All ordinances or parts of ordinances relating to licenses in conflict herewith are hereby repealed. <br /> <br />Enacted March 6, 1950. <br /> <br />A copy: Teste. <br /> <br />M. M. PENCE, <br /> <br />Clerk of the Council. <br /> <br />ADOPTED BY THE COUNCIL <br /> <br />MARCH 3, 1952 <br /> <br />AYES: MR. BARR, MR. HADEN, <br /> <br />MR. HAMU, MR. HILL, <br /> <br />AND MR. TEBELL. <br /> <br />NOES: NONE <br /> <br />CLERK SIGNATURE <br />PRESIDENT SIGNATURE <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />