Gauley Bridge |
Code of Ordinances |
Code |
Chapter 10. Businesses And Business Regulation |
Article II. Licensing Of Certain Businesses |
§ 10-54. Junk dealers and their agents
(a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Itinerant junk collector means and includes only such persons who gather junk from place to place with the aid of a cart or vehicle hand-drawn or propelled, who have no fixed place of business.
Junk means old or scrap gold, copper, brass, rope, rags, batteries, paper, rubber, automobile parts, iron, steel and other old scrap ferrous or nonferrous metals.
Junk dealers means and includes all persons engaged in the business of buying or selling junk as hereinabove defined.
Junk dealer's agent means and includes all persons who buy or sell junk as hereinbefore defined for or on behalf of a junk dealer, as hereinabove defined, but the term "junk dealer's agent" shall not be construed to include any persons regularly employed upon a salary by a regularly licensed junk dealer engaged in such business within the town.
Nonresident junk dealer or nonresident junk dealer's agent means and includes all persons who act as junk dealers or junk dealer's agents who are nonresidents of West Virginia, and all firms so engaged whose members are nonresidents of West Virginia and all corporations which have not been admitted to hold property and transact business in the State of West Virginia.
(b) Limitations on issuance of licenses.
(1) No resident license shall be issued to any junk dealer, junk dealer's agent or itinerant junk collector who has not been a resident of the state for a period of at least one year prior to the application for such license.
(2) No corporation or firm shall engage in the business of junk dealer or junk dealer's agent in the town unless the officers or agents of such corporation or firm who engage in the business of junk dealer or junk dealer's agent in behalf of such corporation or firm shall be eligible to be duly licensed as resident junk dealers or junk dealer's agents in accordance with the provisions of this section.
(3) No one who has been convicted of a felony shall be licensed as a junk dealer, junk dealer's agent or itinerant junk collector, and no one convicted of a misdemeanor in connection with the junk business within a five-year period prior to application for a town license shall be licensed as a junk dealer, junk dealer's agent or itinerant junk collector.
(4) No person engaged in the junk business shall engage a person as a junk dealer's agent who is ineligible to receive a resident junk dealer's or junk dealer's agent's license.
(5) Any license issued upon false affidavit or any improper license issued hereunder shall be ipso facto void.
(c) Annual license fees. The annual license fee to act as a resident junk dealer shall be $12.50; to act as a junk dealer's agent, $5.00; to act as a nonresident junk dealer or his agent who buys or solicits for the purchase of junk within the town, $75.00; to act as an itinerant junk collector, $1.00; but no nonresident licensee shall have or maintain a fixed place of business within the state; provided, that any nonresident junk dealer may purchase junk from any resident junk dealer without complying with the provisions of this section, but if said nonresident junk dealer comes into the state in any motor vehicle or horse-drawn vehicle, said nonresident junk dealer shall not be permitted to transport from the town in said vehicle or horse-drawn wagon junk purchased from resident junk dealers, unless there is a compliance with this section.
(Code 1979, § 12-29)
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For corresponding state licenses as of January 1, 1970, see W. Va. Code, § 11-12-7.