LICENSES GENERALLY

Charleston, W. Va., City Code ch. 18, art. II

in effect

Charleston, W. Va., City Code § 18-31 General business license; license fee.

Sec. 18-31. - General business license; license fee. (a) General license required: No person shall, without a currently valid city license, engage in or prosecute within the city any of the businesses, activities, trades or employments; and the license taxes specified in this chapter are levied, annually unless otherwise provided, on every person engaging in or prosecuting within this city any such businesses, activities, trades or employments. For the purposes of this chapter, business, activities, trades or employments is meant to include all kinds of vocations, occupations, professions, enterprises, establishments, and all other kinds of activities and matters, any of which are conducted for private revenue, profit, or benefit, either directly or indirectly, on any premises in this city or anywhere else within its jurisdiction. Any person engaged in the rental of two or more real property units for profit shall be considered to be engaging in business within the meaning of this chapter. It shall be unlawful for any person, whether directly or indirectly, to commence, conduct, or carry on any business, in the City of Charleston without first having procured a general business license from the city, complying with any and all regulatory ordinances now existing or hereafter to be adopted by said city, or without keeping such license in effect at all times by continued compliance with any and all regulatory ordinances or other law of this city. It shall be unlawful for any person, either directly or indirectly, to continue a business or non-profit enterprise when a license pertaining thereto has been suspended or revoked. (b) License fee: Except where a business license tax has been established elsewhere in Chapter 18 herein, licensees shall be issued a general business license for a fee of $20.00 per year, plus any applicable additional filing fees, license fees or service fees. Nothing in the section shall be interpreted to exempt any licensee from additional requirements set forth herein that may be applicable for specific types of businesses. (Bill No. 7571, 4-15-2013; Bill No. 7576, 5-20-2013)

Charleston, W. Va., City Code § 18-32 Separate license required for each fixed place of business and each class of business.

Sec. 18-32. - Separate license required for each fixed place of business and each class of business. Except as may be provided otherwise in this Code or other ordinance, any person who, at more than one fixed place of business within the city, engages in or prosecutes any business, activity, trade or employment for which a city license is required, or who within the city engages in or prosecutes more than one type of business, activity, trade or employment for which a city license is required shall obtain a separate license and pay the prescribed tax or fee for each such fixed place of business and for each such business, activity, trade or employment. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-33 Application for and issuance of license; payment of license tax and filing tax fee; issuance of stamp or other evidence of license for coin-operated device.

Sec. 18-33. - Application for and issuance of license; payment of license tax and filing tax fee; issuance of stamp or other evidence of license for coin-operated device. (a) The licenses provided for in this chapter shall be issued in the form of a certificate by the city collector to any person making proper application on forms to be prescribed and furnished by the city collector, and tendering the license tax and a filing tax fee of $0.50 for each license certificate requested. In addition to the required license certificate, there shall be required and issued at the time of the issuance to the person owning coin-operated devices a decalcomania stamp or other evidence of such license certificate, at a cost not to exceed $0.50 each, for each coin-operated device licensed by the certificate. (b) The city collector shall collect in full the proper taxes and fees and determine to his satisfaction that all of the conditions precedent to the granting of such license have been fulfilled by the applicant before issuing a certificate of license. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-34 False statements prohibited.

Sec. 18-34. - False statements prohibited. It shall be unlawful for any person to knowingly make any false statement in any application for a city license, or in any tax return, report or other statement relating to any activity licensed by the city and which is required to be made to any city officer or agency. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-35 Record of licenses issued; destruction of records after five years.

Sec. 18-35. - Record of licenses issued; destruction of records after five years. The city collector shall maintain on file a record of each license issued, which shall set forth the name and business address of the licensee, the date of issuance and the length of the term for which issued, the type of license, the amount of license tax paid, and the number of the license. Such records may be destroyed at the end of five years following their expiration when no renewal has been issued unless there is good cause for retention. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-36 Conditions precedent to doing business.

Sec. 18-36. - Conditions precedent to doing business. Payment in full of the proper tax and fee as specified in this chapter, the issuance of a certificate of license under the provisions of section 18-33, the fulfillment of all terms and conditions of such grant and the payment of all delinquent taxes and fees or any interest or penalty due and owed the city shall be conditions precedent to the transaction of any business, activity, trade or employment for which a license is required by this chapter. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-37 Licensing not to legalize any act.

Sec. 18-37. - Licensing not to legalize any act. Nothing in this chapter and no payment of any license tax or the issuance of any certificate of license under the provisions of this chapter shall be deemed to legalize any act which otherwise may be in violation of law, or to exempt any person from any penalty prescribed for such violation. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-38 Zoning ordinance must be complied with; responsibility of applicants for city licenses.

Sec. 18-38. - Zoning ordinance must be complied with; responsibility of applicants for city licenses. No payment of a license tax or the issuance of any certificate of license under the provisions of this chapter shall be deemed to validate the conduct of any business, activity, trade or employment at any address within the city at which such business, activity, trade or employment is prohibited or restricted under any provision of the zoning ordinance (appendix B to this Code) or any other city ordinance, notwithstanding that the certificate of license may purport to license such business, activity, trade or employment at such specific address; and it shall be the responsibility of each applicant for a city license to first ascertain that the address at which he proposes to engage in or prosecute the business, activity, trade or employment is one at which such business, activity, trade or employment is permitted by the zoning ordinance and all other ordinances of the city. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-39 License a personal privilege.

Sec. 18-39. - License a personal privilege. Every license issued under the provisions of this chapter shall confer a personal privilege only to transact the business, activity, trade or employment which may be the subject of the license and shall not be exercised except by the person holding the license and shall not be assignable. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-40 Effect of change in partners or name.

Sec. 18-40. - Effect of change in partners or name. No change in the name of the firm, nor the taking in of one or more new partners, nor the withdrawal of one or more members of the firm, so long as at least one member remains the same, shall be considered as terminating the privileges of any license granted to such partners or firm. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-41 Expiration date; annual renewal; tax prorated upon start of business; minimum fee.

Sec. 18-41. - Expiration date; annual renewal; tax prorated upon start of business; minimum fee. (a) Licenses shall expire at midnight on June 30 subsequent to the date of issuance and shall be renewable annually; except such licenses for which the tax or fee is by the day, week, month or other period less than a year and except as may be provided otherwise by this Code or other ordinance. (b) The license tax or fee for an initial license upon the commencement of business shall be the full amount of the annual tax unless proration is authorized. (c) The city collector shall refuse to renew an annual license on any business which has failed to file any tax return or permit application as required by any provision of this chapter or which has failed to pay any delinquent taxes or fees or any interest or penalty due and owed the city by reason of operating a business within the city's jurisdiction. Any business which has been adversely affected by an order or decision of the city collector or his representative relating to the granting of a renewal certificate may appeal such determination by requesting a hearing from the city collector or his examiner within 30 days from receipt of such order or decision. (d) The city collector shall issue a ruling within a reasonable time from date of the hearing. An appeal may be taken by the business to the circuit court of the county within 30 days after he shall have received notice from the city collector of his determination as provided in this section. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-42 Display of license.

Sec. 18-42. - Display of license. Each person to whom a city license has been issued shall keep such license conspicuously posted upon or within the premises to which such license relates. Each licensee having no fixed place of business shall carry his license upon his person at all times while engaging in the licensed business or any transaction incidental to such business, and shall display such license upon request of any person with whom he is transacting business or any city official. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-43 Duplicate licenses for those lost, misplaced or destroyed.

Sec. 18-43. - Duplicate licenses for those lost, misplaced or destroyed. Any person losing, misplacing or destroying any license issued under the provisions of this chapter may, by application to the city collector, procure a duplicate of such license, upon satisfactory proof of the loss of the original. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-44 Percentage penalties when business transacted without a license.

Sec. 18-44. - Percentage penalties when business transacted without a license. If any person engages in or prosecutes any business, activity, trade or employment without obtaining a license before commencing the business, activity, trade or employment or continues the business, activity, trade or employment after the termination of the effective period of any such license, there shall be added to the amount of the license tax required by the provisions of this chapter a penalty equal to five percent of the amount of such license tax if the failure to pay the required license tax is for not more than one month, with an additional five percent for each additional month or fraction during which failure continues, such penalty not to exceed 50 percent of the required license tax. Such penalties shall be waived if the failure to pay the required license tax was due to reasonable cause and not due to willful neglect. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-45 Collection of back taxes.

Sec. 18-45. - Collection of back taxes. Any person engaging in or prosecuting any business, activity, trade or employment contrary to the provisions of this chapter, whether without obtaining a license before commencing the business, activity, trade or employment, or by continuing the business, activity, trade or employment after the termination of the effective period of any such license, shall, in addition to all other penalties provided for in this chapter, be liable to the payment of all back taxes and penalties for a period not exceeding five years. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-46 Collection by action or suit.

Sec. 18-46. - Collection by action or suit. The city collector may collect any license tax and penalty unpaid under the provisions of this chapter by civil action or other appropriate proceeding, including suit in the court of any justice of the peace. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-47 Collection by distraint.

Sec. 18-47. - Collection by distraint. The city collector or his agents may distrain upon any personal property, including intangibles, of any person delinquent in the payment of taxes and penalties accrued and unpaid under the provisions of this chapter. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-48 Prosecution for violations; recourse of city to seek injunctions.

Sec. 18-48. - Prosecution for violations; recourse of city to seek injunctions. If any person engages in or prosecutes any business, activity, trade or employment contrary to any of the provisions of this Code, whether without first obtaining a license or by continuing the business, activity, trade or employment after the termination of the effective period of such license, or by any violation of the terms and conditions of such license, he shall be subject to immediate prosecution in the municipal court; and, in addition, the city solicitor may, in the name of the city, seek such injunctive relief as may be appropriate in any court of competent jurisdiction. (Bill No. 7571, 4-15-2013)

Charleston, W. Va., City Code § 18-49 Suspension and revocation of licenses, public hearings upon appeal from revocation.

Sec. 18-49. - Suspension and revocation of licenses, public hearings upon appeal from revocation. The city collector, upon reasonable notice to the licensee, may summarily revoke any license issued by him pursuant to the provisions of this Code for any reason which would have been grounds for denial of such license when first issued, for violation of any term or condition of such license; for violation of any pertinent provision of state law, this Code or other ordinance; or for the perpetration or attempted perpetration of fraud, malpractice or malfeasance by the licensee, without prejudice to prosecution of such licensee by the city. Any person having an interest in any license so revoked and who feels aggrieved by such action may request the city collector to further investigate the grounds for revocation and to reconsider his action; and if the collector accedes to such request, he may suspend or reinstate the license pending his final decision. If the city collector refuses to accede to such request or if, upon reconsideration, he affirms his revocation of the license, the party so aggrieved may appeal to the city council, which shall, without delay, afford such person a public hearing at which he may appear in person or by counsel, and may have the attendance of witnesses, books and papers in his behalf, and may testify in person. The decision of the city council following such hearing shall be final, subject only to such judicial review as may be provided by law. (Bill No. 7571, 4-15-2013)

Source: City of Charleston, West Virginia, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wv/charleston/codes/code_of_ordinances?nodeId=PTIICOOR_CH18BU_ARTIILIGEFetched: 11/7/2026