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Any peddler who shall peddle for sale or sell or barter
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<br />without a license shall be guilty of a misdemeanor and on
<br />
<br />conviction thereof shall be fined not less than twenty-five
<br />
<br />dollars, and not more than one hundred dollars for each
<br />
<br />offense; and any person selling or offering to sell as a ped-
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<br />dler shall exhibit his license on demand of any citizen of this
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<br />city; and upon his failure or refusal to do so he shall be sub-
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<br />ject to the penalties for peddling without a license.
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<br />All persons who do not keep a regular place of business
<br />
<br />(whether it be a house or a vacant lot, or elsewhere), open
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<br />at all times in regular business hours and at the same place,
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<br />who shall offer for sale goods, wares and merchandise, shall
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<br />be deemed peddlers under this section. All persons who keep
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<br />a regular place of business, open at all times in regular busi-
<br />
<br />ness hours and at the same place, who shall elsewhere than
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<br />at such regular place of business, personally, or through
<br />
<br />their agent, offer for sale or sell, and at the time of such
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<br />offering for sale, deliver goods, wares and merchandise,
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<br />shall also be deemed peddlers as above, but this section shall
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<br />not apply to those who sell or offer for sale in person or by
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<br />their employees, ice, wood, meats, milk, butter, eggs, poul-
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<br />try, fish, oysters, game, vegetables, fruits, or other family
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<br />supplies of a perishable nature grown or produced by them
<br />
<br />and not purchased by them for sale.
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<br />For the privilege of peddling or bartering in the City of
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<br />Charlottesville, there shall be paid one hundred dollars for
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<br />each person so engaged or employed in the City of Char-
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<br />lottesville, when he travels on foot, and when he peddles oth-
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<br />erwise than on foot, the tax shall be two hundred dollars,
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<br />except that tax on peddlers of ice, wood, meat, milk, butter,
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<br />eggs, poultry, fish, oysters, game, vegetables, fruits or other
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<br />family supplies of a perishable nature not grown or pro-
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<br />duced by them, shall be fifty dollars for each vehicle used
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<br />in such peddling in the City of Charlottesville.
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<br />Every vehicle used in peddling as aforesaid shall have con-
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<br />spicuously displayed thereon the name of the peddler using
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<br />the same, together with the street and number, city and
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<br />state of his residence.
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<br />Nothing in this section shall be construed to require of
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<br />any farmer a peddler's license for the privilege of selling or
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<br />peddling farm products, wood, or charcoal grown or pro-
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<br />duced by him.
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<br />Every license issued under this section shall expire on the
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<br />thirtieth day of April of each year. No license issued under
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<br />this section shall be prorated.
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<br />The license taxes imposed by this subsection shall not
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<br />apply to any peddler who is covered by subsection (b) of
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<br />this section, and who sells to licensed dealers or retailers
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<br />only.
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<br />98. (b) Peddlers of Goods, Wares or Merchandise Who Sell to Licen-
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<br />sed Dealers.
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<br />There is hereby imposed an annual city license tax on
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<br />every person, firm and corporation, (other than a distribu-
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<br />tor and/or vendor of motor vehicle fuels and petroleum pro-
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<br />ducts, tobacco, or seafood, a farmer, a farmers' cooperative
<br />
<br />association, a producer, or a manufacturer taxable on capi-
<br />
<br />tal by the State of Virginia, or a distributor of manufactur-
<br />
<br />ed goods paying a State license tax on his purchases), who
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<br />or which peddles goods, wares, and merchandise by selling
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<br />and delivering the same at the same time to licensed dealers
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<br />or retailers at other than a definite place of business oper-
<br />
<br />ated by the seller.
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<br />The annual city license tax hereby imposed, as aforesaid,
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<br />on every such person, firm or corporation, peddling, as
<br />
<br />aforesaid, is in the sum of one hundred dollars, for each
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<br />vehicle used in such business, and the said license, shall not
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<br />be issued quarterly, nor shall it be transferable, nor shall
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<br />the tax be subject to proration.
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<br />Every vehicle used by any licensee hereunder shall have
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<br />conspicuously displayed thereon the name of the person,
<br />
<br />firm or corporation using the same, with the post office ad-
<br />
<br />dress of the licensee, and the license hereby required shall
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<br />be conspicuously displayed on each vehicle while used in
<br />
<br />such business.
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<br />Every person, firm or corporation claiming to be a dis-
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<br />tributor and/or vendor of motor vehicle fuels and petroleum
<br />
<br />products, a farmer, a dealer in forest products or tobacco,
<br />
<br />or seafood, a producer, or a manufacturer taxable on capi-
<br />
<br />tal by the State of Virginia, and selling and delivering at the
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<br />same time, or offering to sell and deliver at the same time,
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<br />to licensed dealers or retailers, such goods, wares or mer-
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<br />chandise, shall, upon request of any police, tax or revenue
<br />
<br />officer furnish evidence of his or its claim other than his
<br />
<br />or its mere statement, that he or it is exempt from the pro-
<br />
<br />vision of this subsection, and failure to furnish such evi-
<br />
<br />dence shall be sufficient ground for charging the person
<br />
<br />operating the vehicle with the violation of this subsection;
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<br />and in any prosecution for a violation of this subsection, the
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<br />claim aforesaid must be corroborated by satisfactory evi-
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<br />dence. The exemption hereby accorded a distributor and/or
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<br />vendor of motor vehicle fuels and petroleum products and a
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<br />dealer in forest products or tobacco, is restricted to such
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<br />peddling of motor vehicle fuels and petroleum products and
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<br />forest products, and tobacco; and in the case of a farmer, a
<br />
<br />producer, or a manufacturer taxable on capital by this
<br />
<br />state, the exemption is restricted to such peddling of goods,
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<br />wares and merchandise actually manufactured, produced or
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<br />grown by the seller.
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<br />A peddler, within the meaning of this subsection, is any
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<br />person, firm, or corporation, with or which, at other than a
<br />
<br />definite place of business operated by the seller, shall sell, or
<br />
<br />offer to sell, goods, wares, or merchandise to licensed dealers
<br />
<br />or retailers, and at the same time of such sale or exposure
<br />
<br />for sale, shall deliver, or offer to deliver, the goods, wares,
<br />
<br />or merchandise to the buyer, and any delivery made on the
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<br />day of sale shall be construed as equivalent to delivery at
<br />
<br />the time of sale.
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<br />Every person, firm or corporation claiming exemption
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<br />from the provision of this subsection on the ground that he
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<br />or it is delivering goods, wares, or merchandise previously
<br />
<br />sold to the customer, shall, upon request of any police, tax
<br />
<br />or revenue officer, furnish evidence of his or its claim other
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<br />than his or its mere statement, which evidence may be an
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<br />invoice or signed order describing the goods, wares, or mer-
<br />
<br />chandise involved, and the amount and price thereof, and
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<br />failure to furnish such evidence shall be sufficient ground for
<br />
<br />charging the person operating the vehicle with a violation
<br />
<br />of this subsection; and in any prosecution for a violation of
<br />
<br />this subsection, the claim aforesaid must be corroborated by
<br />
<br />satisfactory evidence.
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<br />Every person, firm or corporation violating any provision
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<br />of this subsection shall be guilty of a misdemeanor, and,
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<br />upon conviction, shall be fined not less than twenty-five nor
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<br />more than one hundred dollars for each offense, and each
<br />
<br />day's violation of any provision of this subsection shall be
<br />
<br />deemed a separate offense.
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<br />98. (c) Peddlers — Producers' Certificate.
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<br />1. No city license shall be required of peddlers of ice,
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<br />wood, meat, milk, butter, eggs, poultry, fish, oysters, game,
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<br />vegetables, fruits, or other family supplies of a perishable
<br />
<br />nature grown or produced by them and not purchased by
<br />
<br />them for sale.
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<br />2. But every such peddler of family supplies of a perish-
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<br />able nature grown or produced by him and not purchased by
<br />
<br />him for sale shall on or before January first of each year
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<br />file with the Commissioner of Revenue of this city a certifi-
<br />
<br />cate in duplicate under oath in which shall be given the name
<br />
<br />and post office address of the applicant, the location of the
<br />
<br />land on which the family supplies of a perishable nature are
<br />
<br />produced, or are to be produced, whether the applicant is the
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<br />owner thereof, or renter, and in the latter case, the name of
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<br />the landlord or owner and the time from which and to which
<br />
<br />the lease is to run.
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<br />3. Upon receipt of such certificate and such other evi-
<br />
<br />dence under oath as may be sufficient to establish the fact
<br />
<br />that the applicant is entitled to the certificate, the Commis-
<br />
<br />sioner of Revenue shall endorse on one copy of such certifi-
<br />
<br />cate the fact and date of its filing, and shall deliver such copy
<br />
<br />to the applicant, and such applicant shall thereafter at all
<br />
<br />times while he is engaged in peddling within this city, have
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<br />such copy in his possession and upon request by any officer
<br />
<br />of the City charged with enforcing of the license ordinance,
<br />
<br />exhibit such certificate. The Commissioner of Revenue may
<br />
<br />administer the oaths required by this subsection.
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<br />4. Any officer charged with the enforcement of the li-
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<br />cense ordinances of this city may at any time question any
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<br />peddler claiming exemption from city license taxation and
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<br />may require of such peddler an affidavit in support of any
<br />
<br />claim made by such peddler that the produce then in or on
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<br />his vehicle was grown or produced by him.
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<br />5. The word "peddler" or "peddlers", as used in this
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<br />sub-section shall be construed as including their bona fide
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<br />employees.
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<br />6. Any peddler failing to exhibit such certificate in vio-
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<br />lation of this subsection, or making any false statement in
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<br />the certificate or affidavit aforesaid, or by permitting the
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<br />certificate obtained by him to be used in the sale of any
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<br />family supplies of a perishable nature not grown or pro-
<br />
<br />duced by him, shall upon conviction, be fined not less than
<br />
<br />five dollars nor more than fifty dollars for each offense, and
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<br />upon failure to pay the said fine shall be confined in the city
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<br />jail for not less than ten days nor more than thirty days.
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