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i56 <br />cess of three hundred and fifty seats, the license for one year <br />shall be paid annually; provided, however, that when such <br />exhibition is given for benevolent, charitable or educational <br />purposes and is given for a period of more than one day in <br />any one year and the exhibitor thereof receives a part of the <br />receipts from such exhibition as his compensation, then such <br />exhibition, after the first day, shall not be exempt from the <br />payment of the license fee herein prescribed; and where the <br />admission exceeds fifty cents, exclusive of United States ad- <br />mission tax, the license tax as prescribed in Section 112 <br />shall apply. <br />85. Musicians Itinerant. <br />Every itinerant musician performing in the streets of this <br />city, such as organ -grinders, bag -pipe blowers, etc., shall <br />pay a specific tax of five dollars ($5.00) per day. <br />86. Oculists. <br />See § 14. <br />87. Opticians. <br />See § 14. <br />88. Pawnbrokers. <br />On every license to a pawnbroker, the specific license tax <br />shall be one hundred dollars ($100) for one year or frac- <br />tional part thereof. Not transferable. <br />89. Peanut and Popcorn Venders. <br />On street venders of peanuts and popcorn the license tax <br />shall be ten dollars ($10). No pro rata. <br />90. (a) Peddlers. <br />Any person who shall carry from place to place, any <br />goods, wares, or merchandise, and offer to sell or barter <br />the same, or actually sell or barter the same, shall be deem- <br />ed a peddler, and any person licensed as a peddler may sell <br />any personal property a merchant may sell, or he may ex- <br />change the same for other articles. <br />A peddlers license shall not be transferable, and any per- <br />son so licensed shall endorse his name on said license, and <br />such license shall confer authority to sell within the City of <br />Charlottesville. <br />Any peddler who shall peddle for sale or sell or barter <br />without a license shall be guilty of a misdemeanor and on <br />conviction thereof shall be fined not less than twenty-five <br />dollars, and not more than one hundred dollars for each <br />offense; and any person selling or offering to sell as a ped- <br />dler shall exhibit his license on demand of any citizen of this <br />city; and upon his failure or refusal to do so he shall be sub- <br />ject to the penalties for peddling without a license. <br />All persons who do not keep a regular place of business <br />(whether it be a house or a vacant lot, or elsewhere), open <br />at all times in regular business hours and at the same place, <br />who shall offer for sale goods, wares and merchandise, shall <br />be deemed peddlers under this section. All persons who keep <br />a regular place of business, open at all times in regular busi- <br />ness hours and at the same place, who shall elsewhere than <br />at such regular place of business, personally, or through <br />their agents, offer for sale or sell, and at the time of such <br />offering for sale, deliver goods, wares and merchandise, <br />shall also be deemed peddlers as above; but this section shall <br />not apply to those who sell or offer for sale in person or by <br />their employees, ice, wood, meats, milk, butter, eggs, poul- <br />try, fish, oysters, game, vegetables, fruits, or other family <br />supplies of a perishable nature grown or produced by them <br />and not purchased by them for sale. <br />For the privilege of peddling or bartering in the City of <br />Charlottesville, there shall be paid one hundred dollars for <br />each person so engaged or employed in the City of Char- <br />lottesville, when he travels on foot, and when he peddles oth- <br />erwise than on foot, the tax shall be two hundred dollars, <br />except that tax on peddlers of ice, wood, meat, milk, butter, <br />eggs, poultry, fish, oysters, game, vegetables, fruits or other <br />family supplies of a perishable nature not grown or pro- <br />duced by them, shall be fifty dollars for each vehicle used <br />in such peddling in the City of Charlottesville. <br />Every vehicle used in peddling as aforesaid shall have con- <br />spicuously displayed thereon the name of the peddler using <br />the same, together with the street and number, city and <br />state, of his residence. <br />Nothing in this section shall be construed to require of <br />any farmer a peddlers license for the privilege bf selling or <br />peddling farm products, wood, or charcoal grown or pro- <br />duced by him. <br />Every license issued under this section shall expire on the <br />thirtieth day of April of each year. No license issued under <br />this section shall be prorated. <br />The license taxes imposed by this subsection shall not ap- <br />ply to any peddler who is covered by subsection b of this <br />section, and who sells to licensed dealers or retailers only. <br />90. (b) Peddlers of Goods, Wares or Merchandise Who Sell to Licen- <br />sed Dealers. <br />There is hereby imposed an annual city license tax on <br />every person, firm and corporation, (other than a distribu- <br />tor and/or vendor of motor vehicle fuels and petroleum pro- <br />ducts, tobacco, or seafood, a farmer, a farmers' cooperative <br />association, a producer, or a manufacturer taxable on capi- <br />tal by the State of Virginia), who or which peddles goods, <br />wares and merchandise by selling and delivering the same at <br />the same time to licensed dealers or retailers at other than <br />a definite place of business operated by the seller. <br />The annual city license tax hereby imposed, as aforesaid, <br />on every such person, firm or corporation, peddling, as <br />aforesaid, is in the sum of one hundred dollars, for each <br />vehicle used in such business, and the said license, shall not <br />be issued quarterly, nor shall it be transferable, nor shall <br />the tax be subject to proration. <br />Every vehicle used by any licensee hereunder shall have <br />conspicuously displayed thereon the name of the person, <br />firm or corporation using the same, with the post office ad- <br />dress of the licensee, and the license hereby required shall <br />be conspicuously displayed on each vehicle while used in <br />such business. <br />Every person, firm or corporation claiming to be a dis- <br />tributor and/or vendor of motor vehicle fuels and petroleum <br />products, a farmer, a dealer in forest products or tobacco, <br />or seafood, a producer, or a manufacturer taxable on capi- <br />tal by the State of Virginia, and selling and delivering at the <br />same time, or offering to sell and deliver at the same time, <br />to licensed dealers or retailers, such goods, wares or mer- <br />chandise, shall, upon request of any police, tax or revenue <br />officer furnish evidence of his or its claim other than his <br />or its mere statement, that he or it is exempt from the pro- <br />vision of this subsection, and failure to furnish such evi- <br />dence shall be sufficient ground for charging the person <br />operating the vehicle with the violation of this subsection; <br />and in any prosecution for a violation of this subsection, the <br />claim aforesaid must be corroborated by satisfactory evi- <br />dence. The exemption hereby accorded a distributor and/or <br />vendor of motor vehicle fuels and petroleum products and a <br />dealer in forest products or tobacco, is restricted to such <br />peddling of motor vehicle fuels and petroleum products and <br />forest products, and tobacco; and in the case of a farmer, a <br />producer, or a manufacturer taxable on capital by this <br />state, the exemption is restricted to such peddling of goods, <br />wares or merchandise actually manufactured, produced or <br />grown by the seller. <br />A peddler, within the meaning of this subsection, is any <br />person, firm, or corporation, who or which, at other than a <br />definite place of business operated by the seller, shall sell, or <br />offer to sell, goods, wares or merchandise to licensed dealers <br />or retailers, and at the same time of such sale or exposure <br />for sale, shall deliver, or offer to deliver, the goods, ware3, <br />or merchandise to the buyer, and any delivery made on the <br />day of sale shall be construed as equivalent to delivery at <br />the time of sale. <br />Every person, firm or corporation claiming exemption <br />from the provision of this subsection on the ground that he <br />or it is delivering goods, wares, or merchandise previously <br />sold to the customer, shall, upon request of any police, tax <br />or revenue officer, furnish evidence of his or its claim other <br />than his or its mere statement, which evidence may be an <br />invoice or signed order describing the goods, wares or mer- <br />chandise involved, and the amount and price thereof, and <br />failure to furnish such evidence shall be sufficient ground for <br />charging the person operating the vehicle with a violation <br />of this subsection; and in any prosecution for a violation of <br />this subsection, the claim aforesaid must be corroborated by <br />satisfactory evidence. <br />Every person, firm or corporation violating any provision <br />of this subsection shall be guilty of a misdemeanor, and, <br />upon conviction, shall be fined not less than twenty-five nor <br />more than one hundred dollars for each offense, and each <br />day's violation of any provision of this subsection shall be <br />deemed a separate offense. <br />90. (c) Peddlers—Producers Tag. <br />1. No city license shall be required of peddlers of ice, <br />wood, meat, milk, butter, eggs, poultry, fish, oysters, game, <br />vegetables, fruits, or other family supplies of a perishable <br />nature grown or produced by them and not purchased by <br />them for sale. <br />2. But every such peddler of family supplies of a perish- <br />able nature grown or produced by him and not purchased by <br />him for sale shall on or before January first of each year <br />file with the Commissioner of Revenue of this city a certifi- <br />cate under oath in which shall be given the name and post <br />office address of the applicant, the location of the land on <br />which the family supplies of a perishable nature are pro - <br />1 <br />1 <br />1 <br />1 <br />1 <br />