112 West Main Street
P.O. Box 111
Orange, Virginia 22960
1-540-672-3313

CHAPTER 14 – BUSINESSES

Sec. 14-206. – Franchise required.

It shall be unlawful for any community antenna television system, as defined by Code of Virginia, § 15.2-2108, to operate within the unincorporated portions of the county without securing a franchise or a certificate of public convenience and necessity as provided in this article.

(Ord. of 1-13-1981)

Sec. 14-207. – Penalty for violation of article.

Violation of any provision of this article shall be deemed a class 2 misdemeanor, punishable as specified in section 1-15.

(Ord. of 1-13-1981)

Sec. 14-208. – Extensions of town systems authorized.

Any person holding a franchise for the operation of a community antenna television system within any incorporated town located within the county may operate extensions of such community antenna television systems within the unincorporated portions of the county upon issuance of a certificate of public convenience and necessity as provided in section 14-209. Any person not holding any such franchise shall operate community antenna television systems within the unincorporated portions of the county only after securing a franchise from the county, as provided by Va. Const., art. VII, § 9, and Code of Virginia, § 15.2-2108.

(Ord. of 1-13-1981)

Sec. 14-209. – Issuance of certificates of public convenience and necessity.

(a) Certificates of public convenience and necessity for the operation of community antenna television systems within the unincorporated portions of the county, as provided by Code of Virginia, § 15.2-2108, may be issued by the board of supervisors upon application filed with the county administrator. Before issuing any such certificate of public convenience and necessity, the board of supervisors shall give public notice of its intention to grant such certificate by advertisement in a newspaper having general circulation in the county for two consecutive weeks.

(b) The issuance of such certificate shall be subject to this article.

(Ord. of 1-13-1981)

Sec. 14-210. – Filing of application; fee.

Application for a certificate of public convenience and necessity shall be filed with the county administrator, along with an application fee, such application fee to include the cost of publication as required in this article. Information required on the application shall include the applicant’s full name; aliases; address; the name, address and telephone number of the applicant’s employer, if any; and the location of the place of business of the applicant. Any false statement made on the application form shall void any certificate issued under this article ab initio.

(Ord. of 1-13-1981, § 1)

Sec. 14-211. – Term of certificate.

A certificate of public convenience and necessity may be issued for such term as the board of supervisors may determine, and upon the expiration of such term may be renewed in the same manner as the initial certificate is obtained. Such certificates, when issued, shall be nonexclusive and nontransferable except with consent of the board of supervisors.

(Ord. of 1-13-1981, § 2)

Sec. 14-212. – Rules, regulations.

The holder of a certificate of public convenience and necessity shall be subject to such rules and regulations as contained in such certificate, or as adopted by the board of supervisors.

(Ord. of 1-13-1981, § 3)

Sec. 14-213. – Payment by certificate holder.

The holder of a certificate of public convenience and necessity shall pay to the county annually the amount of three percent of the annual gross operating revenues taken in and received by it on all retail sales of signals within the unincorporated portions of the county during the year, which fee shall be paid within 90 days after the close of the holder’s fiscal year. The term “annual gross operating revenues” means any and all compensation and other consideration derived directly by the holder of any such certificate from subscribers in the unincorporated portions of the county for regularly furnished basic CATV service, and shall not include revenues derived from per-program or per-channel charges, leased-channel revenues, advertising revenues, or taxes on services furnished by the grantee imposed directly on any subscriber or user by any town, state or other governmental unit and collected by such holder for such governmental unit.

(Ord. of 1-13-1981, § 4)

Sec. 14-214. – Bond.

Prior to the issuance of a certificate of public convenience and necessity, the applicant shall enter into a bond with corporate surety, to be payable to the county in the penal sum established by the board of supervisors, not to exceed $5,000.00, and conditioned upon due observance of the terms of this article and rules and regulations adopted by the board of supervisors pursuant to this article. In lieu of posting such bond, the applicant may post cash or a letter of credit from a recognized financial institution whose terms are satisfactory to the county attorney. Any person aggrieved by the applicant’s violation of the provisions of this article, his certificate, or the rules and regulations adopted by the board of supervisors, who shall recover a final judgment against the applicant, may maintain an action in his own name upon the bond or surety.

(Ord. of 1-13-1981, § 5)

Chapter 14 – Businesses

Division 1 – Generally

Sec. 14-141. – Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Coin, dealer, gems, precious metals and other applicable terms shall have the meanings specified in Code of Virginia, § 54.1-4111, which is incorporated in this section by reference.

(Ord. of 6-9-1991, § 1)

Sec. 14-142. – Records.

(a) Every dealer shall keep at his place of business an accurate and legible record of each purchase of precious metals or gems. The record of each such purchase shall be retained by the seller for not less than 24 months. These records shall set forth the following:

(1) A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers or other identifying marks or monograms on each item purchased, the true weight or carat of any gem and the price paid for each item;

(2) The date and time of receiving the items purchased; and

(3) The name, address, age, sex, driver’s license number or number from any other government-issued identification, and signature of the seller.

(b) The information required by subsection (a) of this section shall appear on each bill of sale for all precious metals and gems purchased by a dealer; and a copy shall be mailed or delivered, within 24 hours of the time of purchase, to the sheriff, or if the purchase was made outside the county, to the chief law enforcement officer of the locality in which the purchase was made.

(Ord. of 6-9-1991, § 2(a), (b))

Sec. 14-143. – Right of entry of enforcement officers.

Every dealer shall admit to his place of business during regular business hours the sheriff or his sworn designee, or any law enforcement official of the state or federal government. The dealer shall permit such law enforcement officer to examine all records required by this article and to examine any article listed in a record which is believed by the officer or official to be missing or stolen and search for and take into possession any article known to him to be missing or known or believed by him to have been stolen.

(Ord. of 6-9-1991, § 2(c))

Sec. 14-144. – Credentials required from seller.

No dealer shall purchase precious metals or gems without first ascertaining the identity of the seller by requiring an identification issued by a governmental agency with a photograph of the seller, and at least one other corroborating means of identification and obtaining a statement of ownership from the seller.

(Ord. of 6-9-1991, § 3)

Sec. 14-145. – Prohibited purchases.

(a) No dealer shall purchase precious metals or gems from any seller who is under the age of 18.

(b) No dealer shall purchase precious metals or gems from any seller who the dealer believes or has reason to believe is not the owner of such items unless the seller has written and duly authenticated authorization from the owner permitting and directing such sale.

(Ord. of 6-9-1991, § 4)

Sec. 14-146. – Dealer to retain purchases.

(a) The dealer shall retain all precious metals or gems purchased for a minimum of ten calendar days from the date on which a copy of the bill of sale is received by the sheriff or the chief law enforcement officer of the locality in which the purchase is made. Until the expiration of this period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the county.

(b) If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of ten calendar days after receiving such article and precious metals or gems.

(Ord. of 6-9-1991, § 5)

Sec. 14-147. – Record of disposition.

Each dealer shall keep and maintain for at least 24 months an accurate and legible record of the name and address of the person to which he sells any precious metal or gem in its original form after the waiting period required by section 14-146. This record shall also show the name and address of the seller from whom the dealer purchased such item.

(Ord. of 6-9-1991, § 6)

Sec. 14-148. – Bond or letter of credit required of dealers when permit obtained.

(a) Every dealer shall secure a permit as required by section 14-171; and each dealer at the time of obtaining such permit shall enter into a recognizance to the county, secured by a corporate surety authorized to do business in the commonwealth, in the penal sum of $10,000.00, conditioned upon due observance of the terms of this article. In lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the commonwealth a letter of credit in favor of the county in the sum of $10,000.00, such letter of credit to be approved by the sheriff.

(b) Any such bond or letter of credit furnished to the county shall meet the requirements of Code of Virginia, § 54.1-4106.

(c) A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location.

(Ord. of 6-9-1991, § 7)

Sec. 14-149. – Private action on bond or letter of credit.

If any person shall be aggrieved by the misconduct of any dealer who has violated the provisions of this article, he may maintain an action for recovery in any court of proper jurisdiction against such dealer and his surety. Recovery against the surety shall be only for that amount of the judgment, if any, which is unsatisfied by the dealer.

(Ord. of 6-9-1991, § 8)

Sec. 14-150. – Exemptions.

(a) The sheriff or his designee may waive by written notice implementation of any one or more of the provisions of this article except section 14-145 for particular numismatic, gem, or antique exhibitions or craft shows sponsored by nonprofit organization, provided that the purpose of the exhibitions is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibitions.

(b) The provisions of this article shall not apply to the sale or purchase of coins.

(c) The provisions of this article shall not apply to any bank, branch thereof, trust company or bank holding company, or any wholly owned subsidiary thereof, engaged in buying and selling gold and silver bullion.

(Ord. of 6-9-1991, §§ 10, 12)

Sec. 14-151. – Penalties; first and subsequent offenses.

(a) Any person convicted of violating any of the provisions of this article shall be guilty of a class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense, he shall be guilty of a class 1 misdemeanor.

(b) Upon the first conviction by any court of a dealer for violation of any provision of this article, the sheriff may revoke the dealer’s permit to engage in business under this article for a period of one full year from the date the conviction becomes final. Such revocation shall be mandatory for two full years from the date the conviction becomes final upon a second conviction.

(Ord. of 6-9-1991, § 11; Ord. of 6-28-2011(3))

Secs. 14-152—14-170. – Reserved.

 

Division 2 – Permit

Sec. 14-171. – Required.

No person shall engage in the activities of a dealer in the county without first obtaining a permit from the sheriff.

(Ord. of 6-9-1991, § 9(a))

Sec. 14-172. – Method of obtaining.

(a) To obtain a permit required by this article, the dealer shall file with the sheriff an application form which shall include:

(1) The dealer’s full name, any aliases, address, age, date of birth, sex and fingerprints;

(2) The name, address and telephone number of the applicant’s employer, if any; and

(3) The location of the dealer’s place of business.

(b) Upon filing this application and the payment of an application fee to the treasurer of the county, and providing proof of payment to the sheriff, the dealer shall be issued a permit by the sheriff or his designee, provided that the applicant has not been convicted of a felony or crime of moral turpitude within seven years prior to the date of application. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under any ordinance similar in substance to the provisions of this article.

(Ord. of 6-9-1991, § 9(b))

Sec. 14-173. – Approval of weighing devices.

Before a permit under this article may be issued, the dealer must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the sheriff.

(Ord. of 6-9-1991, § 9(c))

Sec. 14-174. – Renewal; transferability.

(a) A permit under this article shall be valid for one year from the date issued and may be renewed in the same manner as such permit was initially obtained with an annual permit fee.

(b) No permit shall be transferable.

(Ord. of 6-9-1991, § 9(d))

Sec. 14-175. – Permanent location required.

If the business of the dealer is not operated without interruption, with Saturdays, Sundays and recognized holidays excepted, the dealer shall notify the sheriff of all closings and reopenings of such business. The business of a dealer shall be conducted only from the fixed and permanent location specified in his application for a permit.

(Ord. of 6-9-1991, § 9(e))

Secs. 14-176—14-205. – Reserved.

CHAPTER 14 – BUSINESSES

Division 1 – Generally

Sec. 14-66. – Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Musical or entertainment festival or festival means any gathering or group of individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted in open spaces, where the gathering, or the greater part of the gathering, is not accommodated within an enclosed structure. The term shall not include private gatherings where no admission is charged, no donations are requested, and no donations are accepted and where there are no charges or exchanges of money for refreshments, parking or other services provided.

(Ord. of 7-10-1990, § 1)

Sec. 14-67. – Purpose.

This article is enacted for the purpose of providing necessary regulation for the conduct of musical or entertainment festivals conducted in open spaces not within an enclosed structure and of any gathering or group of individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions conducted in open spaces not within an enclosed structure.

(Ord. of 7-10-1990, § 2)

Sec. 14-68. – Construction of article.

The provisions of this article shall be liberally construed in order to effectively carry out its purposes in the interest of the public health, safety and welfare of the citizens and inhabitants of the county.

(Ord. of 7-10-1990, § 3)

Sec. 14-69. – Time limit on music and entertainment.

Music shall not be rendered nor entertainment provided at a festival for more than eight hours in any 24-hour period, such period to be measured from the beginning of the first performance at the festival. There shall be no music or entertainment between the hours of 12:00 midnight and 9:00 a.m.

(Ord. of 7-10-1990, § 4)

Sec. 14-70. – Admission of minors.

No person under the age of 18 years shall be admitted to any festival unless accompanied by a parent or guardian. The parent or guardian shall remain with such person under the age of 18 years at all times.

(Ord. of 7-10-1990, § 5)

Sec. 14-71. – Violations.

Any person, including the officers and directors of any corporation or entity conducting the festival, who violates any provision of this article shall be guilty of a class 1 misdemeanor as prescribed by state law. The board of supervisors, any law enforcement officer or any private citizen may bring suits or actions in the circuit court of the county to restrain, enjoin or otherwise prevent violation of this article. This article shall not be construed to be exclusive of all rights or remedies available to the board of supervisors but shall be in addition to such rights or remedies.

(Ord. of 7-10-1990, § 15)

Secs. 14-72—14-95. – Reserved.

 

Division 2 – Permit

Sec. 14-96. – Required.

No musical or entertainment festival shall be staged, promoted or conducted in the unincorporated areas of the county unless a special entertainment permit has been obtained in accordance with the provisions of this division.

(Ord. of 7-10-1990, § 6)

Sec. 14-97. – Applicants.

The person staging, promoting or conducting the musical or entertainment festival and the owner of the real estate upon which the festival is to be conducted shall jointly make application for the permit and shall be jointly responsible for compliance with the provisions of this article.

(Ord. of 7-10-1990, § 7)

Sec. 14-98. – Applications.

(a) An application for a permit required by this division shall be in writing, on forms provided for the purpose, and filed with the county administrator at least 60 days prior to the date of the proposed festival. Such application shall have attached and made a part of the plans, statements, approvals and other documents required by section 14-100. A copy of such application shall be promptly mailed by the county administrator to each member of the board of supervisors.

(b) An application submitted pursuant to this division shall be accompanied by such fee as is prescribed by the board of supervisors.

(Ord. of 7-10-1990, § 8)

Sec. 14-99. – Waiver of time period.

Notwithstanding the provisions of this division, the county administrator is authorized to waive the 60-day time requirement of section 14-98 in hardship cases, in which cases the board of supervisors shall take action in granting or denying the permit within ten days after the application is filed. Hardship cases are those cases where a promoter of a festival has, on July 10, 1990, made substantial plans for the festival by securing a site, contracting for entertainment, incurring expenses for advertisement or otherwise financially obligating the promoter.

(Ord. of 7-10-1990)

Sec. 14-100. – Conditions for issuance.

Permits required by this division shall not be issued unless the following conditions are met and the following plans, statements and approvals are submitted to the board of supervisors with the applications:

(1) A statement by the applicants containing the date and time of the festival, the total number of tickets to be offered for sale and the best reasonable estimate by the applicants of the number of persons expected to be in attendance shall be submitted.

(2) A statement of the names, addresses, telephone numbers and Social Security numbers of the promoters of the festival shall be submitted. If the promoter is a corporation or other entity, the names, addresses, telephone numbers and Social Security numbers of the officers and directors of the corporation or other entity shall be submitted.

(3) A statement providing the location of the festival (with reference to the nearest highway) and the name, address, telephone number and Social Security number of the owner of the property on which the festival is to be held shall be submitted.

(4) A plan for adequate sanitation and sewage disposal and for adequate garbage and trash collection and disposal shall be submitted. The plan shall meet the requirements of all state and county statutes, ordinances and regulations and shall be approved by the county health officer.

(5) A plan for providing food, water and lodging for persons attending the festival shall be submitted. The plan shall meet the requirements of all state and county statutes, ordinances and regulations and shall be approved by the county health officer.

(6) A plan for adequate medical facilities for persons attending the festival, approved by the county health officer, shall be submitted.

(7) A plan for adequate traffic control at all junctions with major highways, at the entrances to the festival area and at such other intersections as may be necessary, to be provided and financed by the promoters, shall be approved by the sheriff and shall be submitted.

(8) A plan for adequate parking facilities and traffic control in and around the festival area shall be approved by the sheriff and shall be submitted.

(9) A plan for adequate fire protection shall be submitted. This plan shall meet the requirements of all state and local statutes, ordinances and regulations and shall be approved by the chief of the fire department serving the area.

(10) A statement shall be submitted stating whether any outdoor lighting is to be utilized and, if so, a plan showing the location of such lights and shielding devices or other equipment to prevent unreasonable glow beyond the property on which the festival is located, approved by the supplier of electrical power, shall be submitted.

(11) A statement shall be submitted that no music shall be played, either by mechanical device or live performance, in such a manner that the sound emanating from the property shall be unreasonably audible beyond the property on which the festival is located.

(Ord. of 7-10-1990, § 9; Ord. of 10-12-2004(1))

Sec. 14-101. – Applicant to furnish right of entry.

No permit shall be issued pursuant to this division unless the application is accompanied by a document in writing providing to the board of supervisors, to its lawful agents and to law enforcement officers of the county and the commonwealth, permission to go upon the property at any time for the purpose of determining compliance with the provisions of this division and compliance with the statutes, ordinances and regulations of the county and the commonwealth.

(Ord. of 7-10-1990, § 10)

Sec. 14-102. – Issuance or denial.

The board of supervisors shall act on the application filed pursuant to this division not later than 45 days after the date of filing of the application. If granted, the permit shall be issued in writing on a form designed for the purpose and mailed by the county administrator to the applicants at the addresses provided. If the application is denied, the refusal shall be in writing and the reasons for such denial stated and mailed by the county administrator to the applicants at the addresses provided.

(Ord. of 7-10-1990, § 11)

Sec. 14-103. – Responsibility of property owner.

The owner of the property upon which the festival is conducted shall take appropriate steps to ensure that the provisions of this division are complied with by the promoters of the festival and persons attending the festival.

(Ord. of 7-10-1990, § 12)

Sec. 14-104. – Bond.

Applicants for a permit required by this division shall provide to the county a bond in an amount determined by the county administrator for the faithful performance of the provisions of this division. Such bond shall be in the form of cash or certified check. The board of supervisors may waive these requirements and may specify a different type of bond to be provided.

(Ord. of 7-10-1990, § 13)

Sec. 14-105. – Liability for expenses incurred.

Applicants for a permit required by this division shall be jointly liable for all expenses incurred by the county and by the law enforcement officers of the county and the commonwealth relating to the conduct of a festival conducted within the county.

(Ord. of 7-10-1990, § 14)

Sec. 14-106. – Revocation.

The board of supervisors shall have the right to revoke any permit issued under this division upon noncompliance with any of the provisions and conditions of the permit or of this article.

Secs. 14-107—14-140. – Reserved.

CHAPTER 14 – BUSINESSES

Sec. 14-31. – Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Kennel or pet shop means any establishment for the raising, training, boarding or selling of dogs for hire or profit or where more than five dogs are harbored or kept.

(Ord. of 6-11-1996, § 23(B))

 

Sec. 14-32. – License required.

It shall be unlawful to operate a kennel or pet shop anywhere in the county without first securing a license. The annual fee for such license shall be as specified in section 6-113.

(Ord. of 6-11-1996, § 23(A))

Sec. 14-33. – Securing of license tag.

The owner or custodian of a kennel or pet shop shall securely fasten the license tag required by this article to the kennel enclosure in full view and keep one of the identification plates provided with the tag attached to the collar of each dog authorized to be kept enclosed in the kennel or pet shop. An identification plate not so in use must be kept by the owner or custodian and promptly shown to the animal control officer or other officer upon request. A kennel dog shall not be permitted to stray beyond the limits of the enclosure; but this shall not prohibit removing dogs temporarily while under the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel or pet shop shall not be operated in such a manner as to defraud the county of the license tax applicable to dogs which cannot be legally covered or to, in any manner, violate other provisions of this article.

(Ord. of 6-11-1996, § 23(C))

Sec. 14-34. – Conditional use permit required.

No part of this article shall be construed as affecting, in any way, the provisions of the county zoning ordinance requiring special use permits for certain types of boarding or commercial breeding kennel.

(Ord. of 6-11-1996, § 23)

Sec. 14-35. – Rabies inoculation or vaccination required.

It shall be unlawful for any dog over four months of age to be housed in a kennel or pet shop anywhere in the county unless such dog has been inoculated or vaccinated against rabies by a duly licensed veterinarian and the owner or custodian of such dog is able to present upon request a certificate of such inoculation or vaccination by a duly licensed veterinarian, which certificate remains valid at the time of presentation. No kennel license tags shall be issued unless such valid certification of inoculation or vaccination against rabies is presented to the treasurer at the time application for license is made. The treasurer shall retain in his office the individual license tags for kennel dogs until evidence must be preserved by the owner or custodian for each dog currently housed in the kennel or pet shop and promptly shown to the animal control officer or other officer upon request.

(Ord. of 6-11-1996, § 23)

Secs. 14-36—14-65. – Reserved.