Chapter 11 – Business Regulations
Article VII – Utilities
Article VII – Utilities
Division 1 – Electric Utility
[Adopted 12-6-1999 (Ch. 147, Art. XVI, of the 1993 Code)]
§ 11.7-1 Legislative authority.
This article is adopted pursuant to § 58.1-3731, Code of Virginia.
§ 11.7-2 License tax.
There is hereby levied upon every corporation or other entity providing heat, light and power within the County, for the privilege of doing business within the County, a license tax equal to 1/2 of 1% of the gross receipts accruing from sales to the ultimate consumer in the County.
§ 11.7-3 Effective date.
This article shall be effective at 12:01 a.m. on January 1, 2000.
Division 2 – Telephone Utility
[Adopted 12-18-2000 (Ch. 147, Art. XVII, of the 1993 Code)]
§ 11.7-4 Legislative authority.
This article is adopted pursuant to § 58.1-3731, Code of Virginia, as amended.
§ 11.7-5 License tax.
There is hereby levied upon every corporation or other entity providing telephone or telegraph services within the County, for the privilege of doing business within the County, a license tax equal to 1/2 of 1% of the gross receipts accruing from sales to the ultimate consumer in the County. Charges for long-distance telephone calls shall not be included in gross receipts for purposes of this license taxation.
§ 11.7-6 Effective date.
This article shall be effective at 12:01 a.m. on January 1, 2001.
Article VI – Reserved
Article V – Restaurants
Article V – Restaurants
[HISTORY: Adopted by the Board of Supervisors of Appomattox County as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-6-1989 (Ch. 129, Art. I, of the 1993 Code)]
§ 11.5-1 Purpose.
The purpose of this article is to require uniform inspections of food preparation facilities.
§ 11.5-2 Applicability.
This article governs all persons and places within the County of Appomattox, Virginia, that prepare food for resale.
§ 11.5-3 Definitions.
As used in this article, the following terms shall have the meanings indicated:
RESTAURANT
Any of the following:
A. Any place where food is prepared for service to the public on or off the premises or any place where food is served. Examples of such places include but are not limited to lunchrooms, short-order places, cafeterias, coffee shops, cafes, taverns and delicatessens, regardless of whether food is prepared for consumption on or off the premises, dining accommodations of public or private clubs, kitchen facilities of nursing homes and dining accommodations of public and private schools. This definition includes the delicatessen portions of grocery stores selling exclusively for off-premises consumption. Excluded from the definition are places manufacturing packaged or canned foods which are distributed to grocery stores or other similar food retailers for sale to the public.
B. Any place or operation which prepares or stores food for distribution to persons of the same business operation or of a related business operation for service to the public. Examples of such places or operations include but are not limited to operations preparing or storing food for catering services, pushcart operations, hot dog stands and other mobile points of service. Such mobile points of service are also deemed to be restaurants unless the point of service and of consumption is in a private residence.
§ 11.5-4 Enforcement.
[Amended 6-5-1995]
This article shall be enforced by the Virginia Department of Agriculture and Consumer Services.
§ 11.5-5 Compliance with State Board of Health regulations; temporary food stands.
A. It shall be unlawful for any person to operate any restaurant within the County of Appomattox without complying with the regulations and rules formulated by the State Board of Health for the following subjects:
(1) The safe and sanitary maintenance, storage, operation and use of equipment.
(2) The sanitary maintenance and use of a restaurant’s physical plant.
(3) The safe preparation, handling, protection and preservation of food, including necessary refrigeration or heating methods.
(4) Procedures for vector and pest control.
(5) Requirements for toilet and cleansing facilities for employees and customers.
(6) Requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code.
(7) Requirements for an approved water supply and sewage disposal system. Persons conducting active business on the date of enactment of this article do not need to upgrade their water/sewage disposal system. They will need to have current water samples taken and approved. A business opened after the effective date of this article must comply with appropriate regulations for an approved water supply and sewage disposal system.
B. Temporary food stands serving County-sponsored functions, such as Railroad Days, etc., must comply with food handling/preservation requirements but are exempt from requirements for rest rooms, running water, etc.
§ 11.5-6 Adoption of state regulations by reference.
[Amended 7-12-1993]
Pursuant to the provisions of §§ 46.2-1313 and 35.1-9, Code of Virginia, as amended, all of the provisions and requirements of §§ 35.1-3, 35.1-4, 35.1-5, 35.1-6, 35.1-7, 35.1-10,35.1-11, 35.1-12, 35.1-14, 35.1-15, 35.1-17, 35.1-18, 35.1-20, 35.1-21, 35.1-22, 35.1-23 and 35.1-24, Code of Virginia, as amended, and in effect on March 1, 1989, are hereby adopted and made a part of this article as fully as if set out herein and are hereby made applicable within the County of Appomattox. References therein to the “State Health Commissioner” shall be deemed to refer to the Regional Health Director or his duly authorized representatives. It shall be unlawful for any person within the County of Appomattox to violate or fail, neglect, or refuse to comply with any section of the Code of Virginia which is adopted by this article.
§ 11.5-7 Violations and penalties.
[Added 7-12-1993]
A violation of this article shall constitute a Class 1 misdemeanor.
Article IV – Junkyards
Article IV – Junkyards
[HISTORY: Adopted by the Board of Supervisors of Appomattox County 6-10-1988 (Ch. 147, Art. XIV, of the 1993 Code). Amendments noted where applicable.]
§ 11.4-1 License tax.
A County license tax is hereby imposed on every person who operates or maintains an automobile graveyard and/or a junkyard, as defined in § 33.1-348, Code of Virginia.
§ 11.4-2 Fee; reapplication; notification of changes.
An annual fee of $35 shall be submitted with the license application. The fee is nonrefundable and is due every year on the anniversary date of the license being granted. Reapplication is not necessary unless the size, location and/or makeup of the junkyard is changed. In this case, the applicant must reapply. Failure to notify of changes will result in nonapproval of the revised application.
§ 11.4-3 Application for license; display of license; renewal receipts.
An application for a license may be obtained from the office of the County Administrator. The completed application and fee will be returned to the County Administrator for review and approval. One copy of the approved license will remain on display at the place of business. Annual renewal receipts will be affixed to the original license.
§ 11.4-4 Violations and penalties.
Noncompliance will be punishable as a Class 1 misdemeanor for each offense.
Article III – Fortune-Tellers
Article III – Fortune-Tellers
[HISTORY: Adopted by the Board of Supervisors of Appomattox County 3-10-1978 as § 11-2 of the 1978 Code; amended in its entirety 7-12-1993 (Ch. 147, Art. XI, of the 1993 Code). Subsequent amendments noted where applicable.]
§ 11.3-1 License tax.
Any person who, for compensation, shall pretend to tell fortunes, assume to act as a clairvoyant or practice palmistry or phrenology within the boundary of Appomattox County shall pay an annual license tax of $1,000.
§ 11.3-2 Licenses not prorated.
No license issued under this chapter shall be prorated.
§ 11.3-3 Violations and penalties.
Any person who, for compensation, shall engage in the practices above described without the license required shall be guilty of a Class 3 misdemeanor for each offense.
Article II – Peddling and Soliciting
Article II – Peddling and Soliciting
Division 1 – Solicitors
[Adopted 3-10-1978 as Ch. 15 of the 1978 Code (Ch. 137 of the 1993 Code)]
§ 11.2-1 Definitions.
As used in this article, the following terms shall have the meanings indicated:
SOLICITOR
A person who goes from door to door visiting multifamily or single-family dwellings for the following purposes:
A. To sell any goods, wares, merchandise or services or to accept subscriptions or orders therefor.
B. To accept or request donations for any charitable purpose.
§ 11.2-2 Registration required.
All persons, before entering into or upon residential premises within the County for the purpose of soliciting, shall register with the Sheriff and furnish him with the following information:
A. The name, local and permanent addresses, age, weight, height, color of hair and eyes and any other distinguishing physical characteristics of the applicant.
B. The nature or purpose for which solicitations will be made and the nature of the goods, wares, merchandise or services offered for sale.
C. The name and permanent address of the employer or organization represented.
D. A statement as to whether the applicant has been convicted of any felony or misdemeanor and, if so, the nature of the offense, when and where convicted and the penalty or punishment assessed therefor, provided that in no case shall information be required to be disclosed regarding any arrest or criminal charge that has been expunged pursuant to § 19.2-392.3, Code of Virginia.
§ 11.2-3 Issuance of permit; term; display.
Upon furnishing the information required under § 11.2-2, the applicant shall be issued a permit, unless the information furnished in compliance with this article shows that the applicant has been convicted of a crime involving moral turpitude. A permit issued under this article shall be good for one year from the date of issuance, unless revoked. Permits issued hereunder shall be void upon conviction for a violation of this article. Every solicitor shall carry his permit with him at all times while engaged in soliciting and shall display the same to any person who shall demand to see the same while he is so engaged.
§ 11.2-4 Fee and license tax.
[Amended 7-12-1993]
A. A fee of $100 to cover the costs of investigation of the applicant and processing of the application shall be paid to the Sheriff when the application is filed and shall not be returnable under any circumstances. All such fees received shall be paid by the Sheriff to the County Treasurer for deposit in the County general fund.
B. In addition to the above-mentioned fee, a license tax of $500 shall be paid to the Treasurer.
§ 11.2-5 Prohibited acts.
No person shall:
A. Enter into or upon a residential premises in the County under false pretenses to solicit for any purpose or for the purpose of soliciting orders for the sale of goods, wares, merchandise or services.
B. Remain in or on any residential premises after the owner or occupant has requested any such person to leave.
C. Enter upon any residential premises for soliciting when the owner or occupant has displayed a “No Soliciting” sign on such premises.
D. Engage in the practice of soliciting in the County without a permit as provided for in this article.
E. Knowingly give false information or fail to provide correct information in obtaining a permit.
§ 11.2-6 Exceptions.
The provisions of this article shall not apply to:
A. Any person who visits any residence or apartment at the request or invitation of the owner or occupant thereof.
B. Members or representatives of any civic or charitable organization who have an approved means of identification provided by the organization represented.
C. Newsboys soliciting subscriptions to any newspaper for home delivery within the County.
D. Route deliverymen who make deliveries at least once a week to regular customers and whose solicitation is only incidental to their regular deliveries.
E. Persons selling fresh farm products.
F. Persons licensed under the provisions of Title 38.2, Insurance, of the Code of Virginia. [Amended 7-12-1993]
§ 11.2-7 Violations and penalties.
A violation of this article shall constitute a Class 1 misdemeanor.
Division 2 – Peddlers and Itinerant Merchants
[Adopted 5-13-1983; amended in its entirety 7-12-1993 (Ch. 147, Art. XIII, of the 1993 Code)]
§ 11.2-8 License tax.
Every person who is a peddler or itinerant merchant, as defined in § 58.1-3717, Code of Virginia, as amended, who shall carry on business, peddle or barter in the County of Appomattox shall pay a license tax in the sum of $500.
§ 11.2-9 Violations and penalties.
Any peddler or itinerant merchant who shall carry on business, peddle or barter in Appomattox County without having first obtained the necessary license as required by this article shall be guilty of a Class 1 misdemeanor.
Article 1 – Amusements
Article 1 – Amusements
Division 1 – Dance Halls
[Adopted 3-10-1978 as Ch. 3, Art. III, of the 1978 Code (Ch. 41, Art. II, of the 1993 Code)]
§ 11.1-1 Definitions.
A used in this article, the following terms shall have the meanings indicated:
PUBLIC DANCE HALL
Any place open to the general public where dancing is permitted.
§ 11.1-2 Permit required; conditions of issuance.
No person shall operate a public dance hall in the County unless such person has obtained a written permit from the Board of Supervisors. No permit shall be issued unless the person desiring to obtain a public dance hall permit provides satisfactory evidence that he has complied with all applicable provisions of the Virginia Uniform Statewide Building Code and Statewide Fire Prevention Code.
§ 11.1-3 Revocation of permit.
Any permit issued pursuant to the provisions of this article shall be revoked for any violation of the provisions of this article. No permit shall be revoked prior to reasonable notice being given to the permittee and without a hearing for cause before the Board of Supervisors. Revocation of such permit shall not bar prosecution for a violation of the provisions of this article.
§ 11.1-4 Hours of operation.
[Amended 5-23-1980]
It shall be unlawful for any person to operate or conduct a public dance hall in the County between the hours of 2:00 a.m. and 6:00 a.m. of any day and from 12:00 midnight on each Saturday night until 6:00 a.m. the following Monday.
§ 11.1-5 Admission of minors.
It shall be unlawful for any person conducting a public dance hall to allow any person under the age of 16 years to enter or to remain in such dance hall while dancing is being conducted therein unless accompanied by a parent or legal guardian or by a brother or sister over the age of 21 years or except upon the written consent of such parent or legal guardian.
§ 11.1-6 Violations and penalties.
[Amended 7-12-1993]
Any person guilty of a violation of the provisions of this article shall be guilty of a Class 3 misdemeanor.
Division 2 – Billiard Rooms and Pool Halls
[Adopted 5-13-1983 (Ch. 41, Art. III, of the 1993 Code)]
§ 11.1-7 Hours of operation.
[Amended 7-12-1993]
It shall be unlawful for any owner, person, keeper or agent to allow any billiard room, pool hall or poolroom, whether the pool tables are coin-operated or not and whether the pool tables are regulation size or not, to operate in the County of Appomattox between the hours of 11:00 p.m. Saturday and 7:00 a.m. the following Monday morning of each week and from 12:00 midnight until 7:00 a.m. each weekday. A violation of this section shall constitute a Class 3 misdemeanor.
§ 11.1-8 Admission of minors.
It shall be unlawful for any owner or employee or agent of the owner to allow any person under the age of 16 years to enter a billiard room or poolroom or pool hall. Any person violating this section shall be guilty of a Class 3 misdemeanor as defined in § 18.2-11(c), Code of Virginia.
Division 3 – Game Rooms
[Adopted 7-8-1983 (Ch. 41, Art. IV, of the 1993 Code)]
§ 11.1-9 Definitions.
As used in this article, the following terms shall have the meanings indicated:
PUBLIC GAME ROOM
Any place open to the general public where there are located either coin-operated or otherwise electrically operated machines, amusements or video games and nonelectrically operated games or amusements.
§ 11.1-10 Location.
All public game rooms must be attached to and be a part of a separate operating business that is the main enterprise, and such game rooms shall be physically attached to and open upon said established and operating business.
§ 11.1-11 Hours of operation.
The public game room shall have the same operating hours as the business to which it is attached, but in no case shall the public game room operate past 12:00 midnight on Saturday night of any week and after 1:00 a.m. during the other nights of the week, and such public game room may begin its operations each day at the same time that the business to which it is attached shall begin its operations.
§ 11.1-12 Alcohol beverage sales; pool or billiards.
A. In any business establishment having a public game room attached to it and permitting persons under 21 years of age to enter the establishment, there shall be no on-premises alcohol beverage sales. Off-premises alcohol beverage sales shall be permitted. The words “on-premises” and “off-premises” shall have as their meanings the same meanings as given these terms in the Alcohol Beverage Control Statute in the State of Virginia.
B. No public game room shall contain any pool table, billiard table or coin-operated pool or billiard machine.
§ 11.1-13 Violations and penalties.
[Amended 7-12-1993]
A. Except as provided in Subsection B, a violation of this article shall constitute a Class 1 misdemeanor.
B. Any owner or employee or agent of the owner who allows a minor on the premises shall be guilty of a Class 3 misdemeanor under § 18.2-11, Code of Virginia.