Chapter 2 — Licenses

Article 1. - General Provisions

(Rep. & Reen. Ord. 3968—3/12/91)

(Ordinance Effective July 1, 1991)

2111 - License required.

No person shall engage in any of the businesses specified in this Chapter without first procuring a license to do so and without complying with all of the regulations of such business as stated in this Chapter.

2111-1 - Business definition.

As used in this Chapter, "business" means trade, calling, profession, and occupation.

2111-2 - Person definition.

As used in this Chapter, "person" means any individual, corporation, partnership, firm, or association, or their successors in interest or legal representatives.

2112 - Separate violations.

The carrying on of a business mentioned in this Chapter without first procuring a license to do so, or without complying with the regulations of such business as stated in this Chapter, shall constitute a separate violation for each day that such business is so carried on.

2113 - License forms.

All licenses issued under this Chapter shall be printed in blank form and shall be numbered consecutively.

2113-1 - Place of issuance.

All licenses required by this Chapter shall be issued at the office of the County Tax Collector. A duplicate copy of each license shall be retained by the Tax Collector.

2113-2 - Information.

Each license issued hereunder shall set forth the following:

(a)

The nature of the business to be conducted.

(b)

The name of the licensee.

(c)

The place for which the license is issued.

(d)

The amount paid for the license.

(e)

The date upon which the license is issued.

(f)

The date of expiration of the license.

2113-3 - Signature.

The license shall be signed by the County Tax Collector or a Deputy County Tax Collector.

2113-4 - Preparation and filing.

Unless otherwise provided in Division 2, forms for the application for a license shall be prepared and kept in the files of the County Sheriff and all other license forms shall be prepared and kept in the files of the County Tax Collector.

2114 - Payment of fees.

The fee for every license or renewal of a license issued hereunder shall be paid to the County in lawful money of the United States at the time the license is issued and after the application for license or application for renewal of the license has been approved. The amount established by this Chapter to be paid therefor shall be due and payable to the County at the time application for license or application for renewal is approved, and forthwith after any person has to transact or carry on any business for which a license is required by this Chapter. If thirty days shall elapse after any license becomes due or delinquent, the Tax Collector shall thereafter issue a license only upon payment of the amount of such license fee, plus a delinquency charge of ten percent per month thereof; provided, however, that this sentence shall not be construed as granting permission to a licensee to operate his business while such license is delinquent. The ten percent per month delinquency charge is in addition to any other penalties or charges imposed for violating the licensing requirements of this Chapter.

2114-1 - Tax collector.

All license fees shall be payable at the office of the County Tax Collector. All money due under the provisions of this Chapter will be collected by the Tax Collector and paid into the General Fund of the County.

2114-2 - Annual basis.

Where the fee for obtaining any license required by this Chapter is set forth on an annual basis, the annual basis is hereby established from July 1st to June 30th of the next year succeeding.

2114-3 - Proration.

When an applicant for a license or the renewal of a license required by this Chapter has not engaged in business until after the expiration of the first quarter of the current license year, the license or renewal fee for the current license year shall be prorated by quarters and the fee paid for each remaining quarter or quarters except there shall be no proration of license fees for a license with an annual fee of $10.00 or less.

2115 - Termination.

All annual licenses required by this Chapter shall terminate at the end of the current fiscal year following issuance, where no provision to the contrary is made.

2115-1 - Annual license.

An annual license is any license required by this Chapter for which the fee is set forth on an annual basis.

2116 - Renewal.

Each person required by this Chapter to be licensed annually shall apply for renewal of such license annually. Unless otherwise provided in this Chapter, the Tax Collector shall mail to all licensees of the County a statement of the time of the expiration of the license held by the licensee. If the license is an annual license the notice shall be mailed two weeks prior to the date of such expiration. Provided that a failure to send out such notice, or failure of any licensee to receive it, shall not excuse the licensee from a failure to obtain a new license, or a renewal thereof, nor shall it be a defense in an action for operating without a license.

2117 - Illegible licenses.

Any lost or stolen license or any license which is marred to the extent that any portion is illegible is void and a duplicate must be applied for by the licensee at the Tax Collector's office not later than the next business day following the day in which the license was lost, stolen, or marred.

2118 - Change of address.

Each licensee shall report any change of address or change in place of occupation to the Tax Collector no later than the tenth day after such change.

2119 - Suit for collection.

At any time after a license is due, the District Attorney may, and upon instruction from the Board shall, commence a civil action in the proper court, in the name of the County, to recover such license fee together with costs of suit of a penalty in the sum of $100.00, which sum is hereby established as a penalty to which such licensee shall be subjected if the license fee has not been paid at the time and in the manner set forth in this Chapter. If any such suit or action is brought by the District Attorney, he may make the necessary

affidavit for a writ of attachment. Such writ may be directed to the Sheriff or any Constable of the County or any other proper officer and may be executed in the same manner as provided by law for the execution of writs of attachment.

2120 - Revocation.

A violation of any of the regulations set forth in this Chapter shall constitute grounds for revocation of or suspension of a license.

2120-1 - Hearing.

A license or permit issued pursuant to the provisions of this Chapter may be suspended or revoked only after complying with the following procedures:

2120-1.1 - Statement of charges.

Upon an alleged violation of any of the regulations set forth in the VCEMSA P/P Manual, the VCEMSA Admin/MedDir shall file with the Clerk of the Board a statement of charges.

(Rep. & Reen. Ord. 3968—3/12/91; Am. Ord. 4033—4/27/93)

2120-1.2 - Acts or omissions charged.

The statement of charges shall set forth the acts or omissions charged. It shall specify the ordinance code sections, policies or regulations allegedly violated.

2120-1.3 - Notice and request for hearing.

Upon the filing of a statement of charges, the Clerk of the Board shall serve a copy thereof upon the respondent named therein in the manner provided by Ordinance Code Section 14. It shall be accompanied by a statement that respondent may request a hearing by filing a written request with the Clerk of the Board within ten (10) days after service.

2120-1.4 - Waiver of hearing.

If no request for a hearing is received, the hearing is deemed waived and the Sheriff, or such other person as may be so authorized by this Chapter, may proceed with suspension or revocation. Notice shall be sent to respondent of suspension or revocation.

2120-1.5 - Hearing officer.

The Tax Collector or his deputy is hereby designated as hearing officer for any hearing conducted pursuant to this Chapter. The hearing officer shall hear all evidence presented and at the conclusion of the hearing, rule on the charges presented.

2120-1.6 - Time, place and notice of hearing.

Upon receipt of request for hearing, the Clerk of the Board shall contact the hearing officer, arrange a date, time and place for the hearing. Notice thereof shall be given all parties at least ten (10) days prior to the hearing.

2120-1.7 - Failure of respondent to appear.

Failure of respondent to appear at the hearing shall be deemed a waiver thereof and the Sheriff, or such other person as may be so authorized by this Chapter, may proceed with suspension or revocation. Respondent shall be sent notice of suspension of revocation.

2120-1.8 - Appeal.

Any appeal from a decision of the hearing officer shall be made pursuant to Ordinance Code section 2133.

2121 - Assignment.

Unless otherwise provided in this Chapter no license issued under the provisions of this Chapter shall be in any manner assignable or transferrable nor shall it authorize any person other than the person therein named as licensee to commence, transact or carry on such business other than in the license named except by permission of the Board by an order duly passed. All licenses transferred in violation of this section shall be void.

2122 - English language.

Every application, license form report, or record required by this Chapter to be filed or kept, shall be written or printed entirely in the English language, in a clear and legible manner.