2019 US Virgin Islands Code
Title 27 - Professions and Occupations
Chapter 9 - Licensing of Businesses and Occupations
Subchapter I - General Provisions
§ 301. Licenses required; application forms; qualifications and limitations
(a) Every person or association wishing to engage in any business, occupation, profession, or trade listed in section 302 of this chapter, as a condition precedent to engaging in any such business, occupation, profession, or trade, shall apply in writing to and obtain from the Commissioner of Licensing and Consumer Affairs (referred to as the “Commissioner” in the remainder of this chapter) a license to engage in or to conduct such business, occupation, profession or trade.
(b) Applications for licenses under this chapter shall be made on forms prescribed and furnished by the Commissioner. As a part of or in connection with any application the applicant shall furnish information concerning his identity, personal history, experience, business record, purposes, record of any conviction of any offense which is a felony or crime involving moral turpitude in the jurisdiction where the offense occurred, and any other pertinent facts that the Commissioner may reasonably require.
- In the case of corporations or partnerships the preceding requirements shall be applicable to all of the shareholders or partners. In any case, such requirements shall be applicable to the actual owners and not merely to the nominal owners of either of the business or of any participation or share therein. The use of any subterfuge or misrepresentation, directly or indirectly, to obtain a license shall constitute sufficient cause for the immediate revocation of such license. Applications of business licenses for film or music recording businesses must be issued no later than 60 days from their receipt. The Commissioner's failure to issue a license to a film or music recording business within 60 days of receipt deems the license automatically approved.
(c) If the applicant is a partnership or a corporation, the application shall designate each member, officer, or employee who will exercise the powers to be conferred by the license upon such partnership or corporation. The Commissioner may require any such member, officer or employee to furnish him with the information required of applicants under subsection (b) of this section.
(d) The license fee rate imposed by this chapter shall be an annual rate; provided, however, that the Commissioner may, in his discretion, issue licenses for a period of less than a year, grant equitable relief to businesses affected by major natural or economic disasters in the form of a carry over license fee credit for any business closed or severely impacted by a major, natural or economic disaster. The Commissioner may, in his discretion, collect for a license fee period of less than a year or may collect for a license fee-period of one year on an annual or biennial basis, or credit the licensee in the next license year period for an amount equal to the certified period of business interruption or devastation where the licensee submits certified proof that the annual gross income decreased twenty percent (20%) or more as a result of the disaster or where a disaster has resulted in the closing of a business for a period of three (3) months or more. The Commissioner may, in his discretion, stagger the terms of licenses so that all license renewals do not come due at the same time of the year. In accomplishing a staggered schedule, the Commissioner shall prorate the license fee over the initial period of time required to implement the staggered schedule. The initial license may be for a period in excess of one year at the discretion of the Commissioner. Such license shall be free from stamp taxes; shall entitle the owner, for the period specified in the license, to carry on the specified business or occupation from the designated place of business; shall be put into active use in the business, occupation, profession, or trade for which the license was granted within ninety days following the date of issuance of the license, subject to automatic revocation of the license if not put into active use within the time prescribed; shall be renewable annually or biennially on the payment of the required fee; and may be reviewed at any time by the Commissioner. No license issued to any person or association to engage in a business, occupation, profession, or trade under this chapter may be transferred to any other person or association, except that a business license to a natural person shall be transferred automatically on the death of the licensee to the widow or widower of the licensee so long as the widow or widower remains unmarried, and except that a business license held and used by a corporation may be transferred on the sale of the corporation.
(e) Subsection (b), except the first sentence thereof, and subsection (c) of this section shall not apply to foreign sales corporations.
