|
G& (a) Peddlers.
<br />Any person who shall carry from place to place, any
<br />goods, wares, or merchandise, and offer to sell or barter the
<br />same, or actually sell or barter the same, shall be deemed a
<br />peddler, and any person licensed as a peddler may sell any
<br />personal property a merchant may sell, or he may exchange
<br />the same for other articles.
<br />A peddlers' license shall not be transferable, and any
<br />person so licensed shall endorse his name on said license,
<br />and such license shall confer authority to sell within the
<br />City of 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 of-
<br />fense; and any person selling or offering to sell as a peddler
<br />shall exhibit his license on demand of any citizen of this
<br />city; and upon his failure or ref usal to do so he shall be
<br />subject to the penalties for peddling without a license.
<br />All persons who do not keep a regular ;dace 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
<br />keep a regular place of business, open at all times in regu-
<br />lar hours and at the same place, who shall elsewhere than
<br />at such place of business, personally, or through their agent,
<br />offer for sale or sell, and at the time of such offering for
<br />sale, deliver goods, wares and merchandise, shall also be
<br />deemed peddlers as above, but this section shall not apply
<br />to those who sell or offer for sale in person or by their em-
<br />ployees, ice, wood, meats, milk, butter, eggs, poultry, fish,
<br />oysters, game, vegetables, fruit or other family supplies of
<br />a perishable nature grown or produced by them and not
<br />purchaesd 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
<br />otherwise 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, fruit 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
<br />conspicuously displayed thereon the name of the peddler
<br />using the same, together with the street and number, city
<br />and state of his residence.
<br />Nothing in this section shall be construed to require of
<br />any farmer a peddler's license for the privilege of selling
<br />or peddling farm products, wood, or charcoal grown or pro-
<br />duced by him.
<br />Every license issued under this section shall expire on
<br />the thirtieth day of April of each ,year. No license issued
<br />under this section shall be prorated.
<br />The license taxes imposed by this subsection shall not
<br />apply to any peddler who is covered by subsection (b) of
<br />this section, and who sells to licensed dealers or retailers
<br />only.
<br />99. (b) Peddlers of Goods, Wanes or Merchandise Who Sell to
<br />Licensed Dealers.
<br />There is hereby imposed an annual city license tax on
<br />every person, firm or corporation, ( other than a distributor
<br />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, or a distributor of manufactured
<br />goods paying a State license tax on his purchases), who or
<br />which peddles goods, wares, and merchandise by selling and
<br />delivering the same at the same time to licensed dealers or
<br />retailers at other than a definite place of business operated
<br />by the seller.
<br />The annual city license tax hereby imposed, as aforesaid,
<br />on every such person, firm or corporation, peddling, as afore-
<br />said, is in the sum of one hundred dollars, for each vehicle
<br />used in such business, and the said license, shall not be is-
<br />sued quarterly, nor shall it be transferable, nor shall the
<br />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 where 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 petro-
<br />leum products, a farmer, a dealer in forest products or to-
<br />bacco, or seafood, a producer, or a manufacturer taxable on
<br />capital by the State of Virginia, and selling and delivering
<br />at the same time, or offering to sell and deliver at the same
<br />time, to licensed dealers or retailers, such goods, wares or
<br />merchandise, shall, upon request of any police, tax or reve-
<br />nue officer furnish evidence of his or its claim other than
<br />his or its mere statement, that he or it is exempt from the
<br />provisions of this subsection, and failure to furnish such evi-
<br />dence shall be sufficient ground for charging the person op-
<br />erating the vehicle with the violation of this subsection; and
<br />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 petrole?im products and
<br />a dealer in forest products or tobacco, is restricted to such
<br />•
<br />peddling of motor vehicle fuels and petrole-im products and
<br />forest products, and tobacco; and in the case of a farmer,
<br />a producer, or a manufacturer taxable on capital by this
<br />state, the exemption is restricted to such peddling of goods,
<br />wares and merchandise actually manufactured, produced
<br />or grown by the seller.
<br />A peddler within the meaning of this subsection, is any
<br />person, firm, or corporation, with or which, at other than a
<br />definite place of business operated by the seller, shall sell,
<br />or offer to sell, goods, wares, or merchandise to licensed
<br />dealers or retailers, and at the same time of such sale or
<br />exposure for sale, shall deliver, or offer to deliver, the goods,
<br />wares, or merchandise to the buyer, and any delivery made
<br />on the day of sale shall be construed as equivalent to delivery
<br />at 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
<br />for charging the person operating the vehicle with a viola-
<br />tion of this subsection; and in any prosecution for a viola-
<br />tion of this subsection, the claim aforesaid must be corrob-
<br />orated by satisfactory evidence.
<br />Every person, firm, or corporation violating any pro-
<br />•
<br />vision of this subsection shall be guilty of a misdemeanor,
<br />and, upon conviction, shall be fined not less than twenty-five
<br />nor more than one hundred dollars for each offense, and
<br />each day's violation of any provision of this subsection shall
<br />be deemed a separate offense.
<br />99. (c) Peddlers—Producers' Certificate.
<br />1. No city license shall be required of peddlers of ice,
<br />wood, meat, milk, butter, eggs, poultry, fish, oysters, garn*
<br />vegetables, fruit, 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
<br />by 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 in duplicate under oath in which shall be given the
<br />name and post office address of the applicant, the location
<br />of the land on which the family supplies of a perishable na-
<br />ture are produced, or are to be produced, whether the appli-
<br />cant is the owner thereof, or renter, and in the latter case,
<br />the name of the landlord or owner and the time from which
<br />and to which the lease is to run.
<br />3. Upon receipt of such certificate and such other evi-
<br />dence under oath as may be sufficient to establish the fact
<br />that the applicant is entitled to the certificate, the Commis-
<br />sioner of Revenue shall endorse on one copy of such certifi-
<br />cate the fact and date of its filing, and shall deliver such
<br />copy to the applicant, and such applicant shall thereafter
<br />at all times while he is engaged in peddling within this city,
<br />have such copy in his possession and upon request by any
<br />officer of the City charged with enforcing of the license ordi-
<br />nance, exhibit such certificate. The Commissioner of Reve-
<br />nue may administer the oaths required by this subsection.
<br />4. Any officer charged with the enforcement of the
<br />license ordinance of this city may at any time question any
<br />peddler claiming exemption from city license taxation and
<br />may require of such peddler an affidavit in support of any
<br />claim made by such peddler that the prod Lice then in or on
<br />his vehicle was grown or produced by him.
<br />5. The word "peddler" or "peddlers", as used in this
<br />subsection shall be construed as including their bona fide
<br />employees.
<br />6. Any peddler failing to exhibit such certificate in vio-
<br />lation of this subsection, or making any false statement in
<br />the certificate or affidavit aforesaid, or by permitting the
<br />•
<br />certificate obtained by him to be used in the sale of any
<br />family supplies of a perishable nature nor, grown or pro-
<br />duced by him, shall upon conviction, be fined not less than
<br />five dollars nor more than fifty dollars for each offense, and
<br />upon failure to pay the said fine shall be confined in the city
<br />jail for not less than ten days nor n1ore than thirty days.
<br />100. Pen and Pencil Manufacture.
<br />Every person, firm or corporation manufacturing pens
<br />or pencils shall pay a specific license tax of one hundred
<br />dollars ($100.00) per annum.
<br />101. Physicians.
<br />See § 14.
<br />102. Plumbers.
<br />On every license to a plumber the tax shall be twenty-
<br />five dollars ($25) . This section shall apply to all persons,
<br />firms or corporations who do plumbing, gas -fitting, steam
<br />and hot water fitting.
<br />The license required by this section shall not be con-
<br />strued to include plumbing contracting, and every person
<br />doing plumbing work on a contracting basis shall also be
<br />required to secure a contractors' license as heretofore
<br />provided.
<br />103. Printing (Nice—Job.
<br />•
<br />(a) On each and every printing establishment or busi-
<br />ness using two or more machines of any snake or descrip-
<br />
|