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232 <br />When numbe or license ^plate is lost Ruplicate p to ma be` <br />fished Vythe Director of Finance upon the payment of fifty cen <br />Direct' inane. <br />The license under this section Aball be transferable` iy to .t pur- <br />chaser of the car for which such license was issued�to anot er car <br />purchased by the person to whom the said license w sued upon,,t <br />ayment of fifty cents. <br />The taxes on licenses accruing under the provisions of this sec <br />shall be due and payable, except where. otherwise herein provided, <br />or before the first day of May 1955 and shall be paid by the per <br />jagainst whom assessed to the Director of Finance in his office on or be <br />the first day of May: <br />r <br />No part of the tax assessable or collected under. this section <br />e expended b the said City for any purpose other than improveme <br />maintenance of streets. <br />88. General Provisions. <br />(a) Definitions: <br />A like license shall be required of any firm, joint stock company or <br />)ration as provided for in this ordinance for a person or firm. <br />The construction and definition of the subjects as taxed under this <br />lance shall be the same as is provided for under the tax laws of the <br />of Virginia unless otherwise provided. <br />(b) Gross Receipts. <br />FThe term "gross receipts" as used in this ordinance shall mean t9dy <br />gross receipts from any business, profession, trade, occupation, vocation, <br />calling or ac ity, including cash, credits, fees, commissions, brokerage <br />pharges and rtals, and property of any kind, nature or description, from <br />Dither sales made or services rendered without any deduction therefrom <br />account of cost of the property sold, the cost of materials, labor or <br />rvice other costs, interest or discounts paid, or any expense what- <br />ever, and shall include in case of merchants the amount of the sale <br />price of supplies and goods furnished to or used by the licensee or his <br />familyc other person for which no charge is made, provided, however, <br />that the. rm "gross receipts" wi'tfi ipect to manufacturers and whole- <br />sale merchants manufacturing. or 'dei g in articles upon which there is <br />levied a direct excise tax by the United States shall AR040dude such excise <br />tax payments to the United States Governme nsr11 z29, <br />The term "gross receipts" when used:'in:oonnmfioh with, or in re - <br />;' <br />provided, shall not be co trued to apply to licenses for motor driven <br />$#vehicles as provided in Section 87 hereof. <br />air ± low" . <br />c bn� �znoitzr<• <br />(f) Keeping Proper Record <br />,� �f 1 3• � til t?.:,. <br />Every person liable for a license tax under this ordinance which is <br />based on actual or probable purchases or sales, actual or probable com- <br />missions, gross receipts from a business or profession, contracts or orders <br />`leccepted or graded in any other way, shall, where such tax is based on <br />actual or probable purchases, or sales, keep all invoices and a record of <br />all purchases and from whom made, a record of all sales and where other- <br />wise based, keep a record of all commissions, gross receipts, and contracts <br />or orders accepted, from whom received and with whom made, and the <br />report of such purchases, sales, commissions, receipts, contracts or other <br />accepted, required to be made for the computation of said license tax, <br />shall be taken from such invoices and records, and general books of ac- <br />count. <br />All such invoices and records and general books of account shall be <br />open to inspection and examination by the Director of Finance, Com- <br />missioner of the Revenue, License Inspector or any other officer of the <br />City of Charlottesville charged in any manner with the duty "of assessing <br />or collecting license taxes. <br />Any person who shall fail or refuse to keep such invoices and rec- <br />ords as above provided, shall be assessed with and pay a penalty, of <br />$25.00, in addition to the license tax imposed. <br />V(g) Evidence of Business. <br />When any person, firm or corporation, shall by use of signs, circulars, <br />cards or use of city newspapers, or local radio stations, advertise any busi- <br />ness, it iO�4 be corf3idered prima facie evidence of their liability under <br />the ordinance of this city, and they shall be required to tape out a license <br />for such business. <br />(h) Beginning Business. <br />r4l'�For the purpose of ascertaining the tax to bevery person, <br />firm, or corporation beginning business whose li: based on <br />sales, purchases, gross receipts or commissions, the license shall be based <br />''nn the estimated amcm-thtvf sales, put ases, gross regspm9Kc(Jrr1r)iissions <br />hich will be made during the bae of the license year. In the 'case <br />f any merchant operating a seasonal oh temporary buslrie§�''the estimated <br />icense tax paid shall not be less than $150.00. Every underestimate or <br />estimate under this paragraph shall be subject to correction by the <br />rj�,'ommissioner of Revenue whose duty it shall be to review all estimated <br />licenses and assess any additional licenses as may be found to be due after <br />the close of the license year on the basis of true. sales, purchases, gross <br />receipts or commissions, and any taxpayer who has overestimated shall <br />be entitled to a refund of the amount so overestimated. <br />(i) Record—Classified. <br />And it shall be the duty of the Commissioner of Revenue to report <br />in writing to the Mayor and Chief of Police every case of default as soon <br />as it comes to his knowledge. The Chief of Police shall cause such de- <br />linquent, whether reported by the Commissioner of Revenue or otherwise <br />brought to his attention, to be summoned before the Civiy and Police <br />Justice to show cause why they should not be fined under the provisions <br />of this ordinance. It shall be the duty of the police force in general to <br />assist in the enforcement of this ordinance. <br />(j) Record—Classified. <br />o, financial transactions involving - the sale of notes, stocks, bo <br />Ileanu, <br />• <br />er securities, or the loan, collection or advance of money, or <br />Y <br />nti of notes, bills or other evidences of debt, shall be deemed to <br />tss, interest, gross discount, gross ion, or other gross <br />receipts by means of, or resulting froth cial transactions, <br />but the t "gross receipts" shall not include a received as ,pay- <br />ment of d ts. <br />The term "gross receipts" shall include the gross recipts from all <br />sales made from a place of business within the City, both to Or* ns <br />• <br />within the City and to persons outside the City. <br />The calculation of gross recipts for license tax purposes shall be on <br />either a cash or accrual basis, provided however that the basis used must <br />coincide with the system of accounts used by the taxpayer and the method <br />emplo�*m by the taxpayer for Federal and State Income Tax purposes. <br />of the same business at the same location for which the license was orig- <br />(c) License Other Than Herein Listed: <br />On every business, profession or occupation for which a license tax <br />shall not have been provided for in this ordinance, the tax shall be the <br />same as that required by the State Tax Laws. <br />-{tl <br />(d) Non-Profit—Charity. -1 <br />No tax or license shall be required of any business, trade or - <br />tion which is conducted solely for the purpose of charity or f <br />purpose of a non-profit nature, provided however that the Com <br />of the Revenue shall not exempt any such business, trade or occitparlbri <br />until after the Council shall have passed upon the character of such busi- <br />• <br />ness,trade or occupation. <br />(e) Failure to Secure License Penalty. <br />Any person, firm or corporation, conducting a business, occupation <br />or profession or operating any machine or device or doing anything for <br />the conduct of which a license tax is required under this ordinance, with- <br />out first obtaining such license, shall be subject to a penalty of five per <br />centum of the amount of the license tax then due, but such penalty shall <br />in no case be less than $2.00, and such penalty shall be assessed and paid <br />along with the license tax and shall become a part of the license tax and <br />there sha == bb: collected interest at six per centum per annum on said tax <br />and ',"e" 'ITElam date on which said tax becomes delinquent, and such <br />person, arm `or corporation shall be guilty of a misdemeanor, and , shA <br />be fined not less than $5.00 nor more than $100.00 for each day he Is in <br />default; provided, however, that the penalty of five per centum. herein <br />rj�,'ommissioner of Revenue whose duty it shall be to review all estimated <br />licenses and assess any additional licenses as may be found to be due after <br />the close of the license year on the basis of true. sales, purchases, gross <br />receipts or commissions, and any taxpayer who has overestimated shall <br />be entitled to a refund of the amount so overestimated. <br />(i) Record—Classified. <br />And it shall be the duty of the Commissioner of Revenue to report <br />in writing to the Mayor and Chief of Police every case of default as soon <br />as it comes to his knowledge. The Chief of Police shall cause such de- <br />linquent, whether reported by the Commissioner of Revenue or otherwise <br />brought to his attention, to be summoned before the Civiy and Police <br />Justice to show cause why they should not be fined under the provisions <br />of this ordinance. It shall be the duty of the police force in general to <br />assist in the enforcement of this ordinance. <br />(j) Record—Classified. <br />It shall be the duty of the Commissioner of the Revenue to keep a <br />book, in which he shall classify all the branches of business <br />• <br />and occupa- <br />tion upon which a license is imposed by this ordinance, and show ,the <br />amount of assessment made upon each license, the name of the person <br />assessed, and the period for which such license was issued. <br />(k) Specific License. <br />Whenever a specific license is herein imposed such license shall <br />be in addition to the merchant's license unless otherwise provided. <br />(1) Pro -ration. <br />• <br />Every license granted shall not be prorated for the unexpired portion <br />of the license year unless otherwise provided. <br />(m) Transfer. <br />No City license shall be transferred from any person, firm or corpor- <br />ation to another person, firm or corporation, except for the continuation <br />of the same business at the same location for which the license was orig- <br />inally issued. The fee for such transfer shall be fifty cents. <br />(n) Fees. <br />The Commissioner of the Revenue shall assess for each license issued <br />by him a fee of fifty cents, to be paid by the party to whom the said <br />license is issued, which said fees shall be paid to the City Treasurer. , <br />is <br />