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in forest products or tobacco, is restricted to such peddling of motor
<br />vehicle fuels and petroleum products and forest products, and tobacco;
<br />and in the case of a farmer, a producer, or a manufacturer taxable on
<br />capital by this state, the exemption is restricted to such peddling of
<br />goods, wares or merchandise actually manufactured, produced or grown
<br />by the seller.
<br />A peddler, within the meaning of this subsection, is any person,
<br />firm, or corporation, who or which, at other than a definite place of
<br />business operated by the seller, shall sell, or offer to sell, goods,
<br />wares or merchandise to licensed dealers or retailers, and at the time
<br />of such sale or exposure for sale, shall deliver, or offer to deliver,
<br />the goods, wares, or merchandise to the buyer, and any delivery made
<br />on the day of sale shall be construed as equivalent to delivery at the
<br />time of sale.
<br />Every person, firm or corporation claiming exemption from the pro-
<br />vision of this subsection on the ground that he or it is delivering
<br />goods, wares, or merchandise previously sold to the customer, shall,
<br />upon request of any police, tax or revenue officer, furnish evidence of
<br />his or its claim other than his or its mere statement, which evidence
<br />may be an invoice or signed order describing the goods, wares or mer-
<br />chandise involved, and the amount and price thereof, and failure to fur-
<br />nish such evidence shall be sufficient ground for charging the person
<br />operating the vehicle with a violation of this subsection; and in any
<br />prosecution for a violation of this subsection, the claim aforesaid must
<br />be corroborated by satisfactory evidence.
<br />Every person, firm or corporation violating any provision of this
<br />subsection shall be guilty of a misdemeanor, and, upon conviction, shall
<br />be fined not less than twenty-five nor more than ene hundred dollars for
<br />each offense, and each day's violation of any provision of this subsec-
<br />tion shall be deemed a separate offense.
<br />85 (c) Peddlers:- Producers Tag.
<br />1. No city license shall be required of peddlers of ice, wood, meats,
<br />milk, butler, eggs, poultry, fish, oysters, game, vegetables, fruits, or
<br />other family supplies of a perishable nature grown or produced by them and
<br />not purchased by them for sale.
<br />2. But every such peddler of family supplies of a perishable nature
<br />grown or produced by him and not purchased by him for sale shall on or be-
<br />fore January first of each year file with the Commissioner of Revenue of
<br />this city a certificate under oath in which shall be given the name and
<br />post office address of the applicant, the location of the land on which the
<br />family supplies of a perishable nature are produced, or are to be produced,
<br />whether the applicant is the owner thereof, or renter, and in the latter
<br />case, the name of the landlord or owner and the time from which and to which
<br />the lease is to run.
<br />3. Upon receipt of such certificate and such other evidence under oath
<br />as may be sufficient to establish the fact that the applicant is entitled to
<br />the certificate, the Commissioner of Revanue shall furnish to such peddler
<br />a tag suitable to be displayed on his vehicle, on which tag shall be printed
<br />"City of Charlottesville Producer No, together with the year for
<br />which issued, which tag such producer or grower shall display conspicuously
<br />on his vehicle in a position that can be easily read at all times while such
<br />producer or grower is engawed in peddling within this city. The Commissioner
<br />of the Revenue may administer the oaths required by this sub -section.
<br />4. Any officer charged with the enforcement of the license ordinances
<br />of this city may at any time question any peddler claiming exemption from
<br />city license taxation and may require of such peddler an affidavit in support
<br />of any claim made by such peddler that the produce then in or on his vehicle
<br />was grown or produced by him.
<br />5. The word "peddler" or "peddlers", as used in this sub -section shall
<br />be construed as including their bona fide employees.
<br />6. Any peddler failing to display such tag in violation of this sub-
<br />section, or making any false statement in the certificate or affidavit afore-
<br />said, or by permitting the tag obtained by him to be used in the sale of any
<br />family supplies of a perishable nature not grown or produced by him shall,
<br />upon conviction, be fined not less than five dollars nor more than twenty-five
<br />dollars for each offense, and upon failure to pay the said fine shall be con-
<br />fined in the c=ty jail for not less than ten days nor more than thirty days.
<br />This ordinance shall become effective January 1, 1933. All ordinances or parts of ordinances
<br />in conflict herewith are hereby repealed.
<br />Adopted by the Council, December 12, 1932.
<br />Ayes: Mr. Fife, Dr, Haden, Messrs, Huff, Jessup and
<br />Twyman.
<br />Noes: None. -
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