Ari Gold, left, discusses why he is appealing the City of Parkersburg’s rejection of his business license application during a hearing on Wednesday. Attorney Ryan Simonton, right, represents the city. (Photo by Amber Phipps_

PARKERSBURG — After a brief executive session, Parkersburg City Council voted 4-2 to deny an appeal filed by a business owner about the rejection of his application for a business license.

Council met at 10 a.m. Wednesday in council chambers to conduct a hearing regarding the denial of a business license for Ari Gold, who owns multiple properties in Parkersburg. Gold said he applied for the license on Aug. 1 and was denied Oct. 27.

During the hearing, Gold argued he should be granted the license for his business, True Force Machinery LLC, which at the address of 1507 St. Marys Ave.

“I was never contacted for clarification, never asked for supplements in the application and never given an opportunity to tend to the license fee,” he said in opening statements. “For 90 days nothing happened. In fact, nothing happened until the judge forced the city to make a decision.”

Gold said his application was “put on hold” in the zoning department after he went through each step of the process. He said the only reason he should be denied a business license is if he didn’t pay his taxes and he pays the city about $2,000 a month in taxes.

Parkersburg City Council members Wendy Tuck, Andrew Borkowski and Zak Huffman review documents during a hearing in council chambers on Wednesday. (Photo by Amber Phipps)

“If a director finds that somebody has a business and they didn’t apply for a business license, they are required to issue a business license even if there is no application at all and then in the worst case ask for me to pay the fee,” he said, citing Article 701.15 of the City of Parkersburg Codified Ordinance.

Gold claimed the Finance Department recognized his business started July 1, which he said should have authorized them to provide him with a business license. Gold said he had been paying taxes on the business since that time.

The attorney representing the city, Ryan Simonton, said Article 701.01 stated “no person without a license may engage in any business activity within the city.”

Simonton said the application was not properly filled out based on the determination of the city clerk and finance director and the address on the application was different from the parcel where Gold said the business is.

Simonton said there was no business registration certificate provided by Gold and the type of business, which is used for tax rate identification, wasn’t identified.

Parkersburg Finance Director Eric Jiles responds to questions from council during a hearing on Wednesday. (Photo by Amber Phipps)

“These steps have occurred because the city hasn’t gotten the information that it needs as stated in a letter from the clerk and Finance Department,” Simonton said.

Usually if there are discrepancies, he said, the city will contact and work with the individual to correct or complete applications.

Those asked to testify were Finance Director Eric Jiles, Code Director Andy Nestor, and Accounts Receivable Analyst Heidi Jones.

Jiles said the Finance Department noticed “suspicious activity” which is why they billed 1507 St. Marys Ave for quarterly business and occupation taxes.

“If anybody is operating and engineering revenue within the city limits, then we are obligated to assess and collect B&O taxes,” he said

Jones said she had made contact attempts to Gold regarding the status of his application but never heard back. She said she didn’t “reject” his application but only approves applications if they meet city standards and this application lacked the qualifications.

She sent the application to the Zoning Department, which did not approve it. No one from zoning testified at the hearing.

Jones said they’re also required to obtain a certificate from the state of West Virginia which she said Gold did not provide. Gold said his business is certified with the state but the documents weren’t presented to the city.

“So you’re saying you took the business application, denied it, but then decided it’s an active business you’re going to charge taxes to?” said Gold.

Jiles said the B&O ordinance is separate from the business license application.

Councilwoman Sharon Kuhl said it was clear Gold didn’t properly fill out the application. When she asked why he didn’t work with the city to fill out what was required, Gold said nobody informed him, although Jones said she’d attempted to.

“Why would you not answer those simple questions and this all could have been avoided if the application would have been filled out properly?” asked Kuhl.

Councilwoman Wendy Tuck said they could update their application forms to ensure conciseness and alleviate discrepancies.

“I understand what a cover-up is,” said Gold. “I am not going to go into whose fault it may be, but all we know is it went into zoning and it never came back.”

The council met briefly for an executive session and voted shortly before noon. The appeal was denied 4-2 with Tuck and Councilman Zak Huffman voting in favor. Councilmen Mike Reynolds, Chris Rexroad and Rob Moore were absent.

Amber Phipps can be reached at aphipps@newsandsentinel.com