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liniments on the streets, alleys, or elsewhere in the city, the
<br />
<br />tax shall be fifty dollars ($50) per day, but no such license
<br />
<br />shall be issued except by authority of the Mayor. Provided
<br />
<br />that this tax shall not apply to any person paying merchants'
<br />
<br />license tax.
<br />
<br />SECTION 53. MERCHANTS -- RETAIL.
<br />
<br />
<br /> Every person, firm or corporation engaged in the business
<br />
<br /> of a retail merchant shall, for each separate place of business
<br />
<br /> conducted in the City of Charlottesville, pay a license tax
<br />
<br /> on all sales made during the preceding calendar year as
<br />
<br /> follows:
<br />
<br />
<br /> If the amount of sales shall not exceed $2,000.00 the tax
<br />
<br /> shall be $25.00.
<br />
<br />
<br /> On all sales over $2,000.00 and not exceeding $100,000.00,
<br />
<br /> the tax shall be twenty-five cents (25¢) on the $100.00 in
<br />
<br /> excess of $2,000.00.
<br />
<br />
<br /> On all sales in excess of $100,000.00 the tax shall be
<br />
<br /> twenty cents (20¢) on the $100.00.
<br />
<br />
<br /> Where any person, firm or corporation engaged in the
<br />
<br /> business of a retail merchant makes charges for services
<br />
<br /> rendered in connection with such business, including repair
<br />
<br /> work, the gross amount received for such services shall be
<br />
<br /> included in the sales on which the merchant's license tax is
<br />
<br /> calculated, unless a separate license tax is paid to the City in
<br />
<br /> connection with the furnishing of such services.
<br />
<br />
<br /> Where any person, firm or corporation is required to
<br />
<br /> secure both a retail merchant's license under this section and
<br />
<br /> a restaurant license, the tax on the first $2,000.00 of sales,
<br />
<br /> under this section, shall be at the rate of twenty-five cents
<br />
<br /> (25¢) on the $100.00 and not the minimum rate of $25.00
<br />
<br /> hereinabove provided.
<br />
<br />
<br />54. Merchants--Wholesale.
<br />
<br />
<br /> Every person, firm or corporation engaged in the business
<br />
<br /> of a wholesale merchant shall, for each separate place of
<br />
<br /> business conducted in the City of Charlottesville, pay a
<br />
<br /> license tax on all purchases made during the preceding
<br />
<br /> calendar year as follows:
<br />
<br />
<br /> If the amount of purchases shall not exceed $10,000.00,
<br />
<br /> the tax shall be $75.00.
<br />
<br />
<br /> On all purchases over $10,000.00 and less than $50,000.00,
<br />
<br /> the tax shall be thirty cents (30¢) on the $100.00 in excess
<br />
<br /> of $10,000.00.
<br />
<br />
<br /> On all purchases in excess of $50,000.00 the tax shall be
<br />
<br /> sixteen cents (16¢) on the $100.00.
<br />
<br />
<br />55. Monuments and Tombstones.
<br />
<br />
<br /> Each person, firm or corporation or agent conducting the
<br />
<br /> business of making or selling tombstones, monuments, etc.,
<br />
<br /> shall pay a retail merchant's license, which license shall be
<br />
<br /> based on the gross receipts of such person, firm or corporation.
<br />
<br />
<br />56. Moving Picture Shows.
<br />
<br />
<br /> Each person, firm or corporation engaged in the operation
<br />
<br /> of a moving picture theater shall pay a license tax of $25.00,
<br />
<br /> and where the gross receipts, exclusive of excise and admission
<br />
<br /> taxes, exceeded $2,000.00 the tax shall be forty cents (40¢)
<br />
<br /> on each $100.00 in addition thereto.
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<br />57. Musicians—Itinerant.
<br />
<br /> Every itinerant musician performing in the streets of this
<br />
<br /> city, such as organ-grinders, bag-pipe blowers, etc., shall pay
<br />
<br /> a specific license tax of twenty-five dollars ($25) per day.
<br />
<br />
<br />58. Outside Agents.
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<br /> Any person residing or having his or their principal office
<br />
<br /> within the State who is not a licensed merchant in the City
<br />
<br /> of Charlottesville who shall offer to sell, either direct or by
<br />
<br /> sample card or representation, or who shall solicit or take
<br />
<br /> orders for the sale of any goods, wares or merchandise to
<br />
<br /> any purchaser within the City, except to a licensed mer-
<br />
<br /> chant, shall pay for the privilege a license tax on gross sales
<br />
<br /> so made during the preceding year as follows:
<br />
<br /> If the amount of such gross sales shall not exceed $2,000.00
<br />
<br /> the tax shall be ......................................................... $25.00
<br />
<br /> On all such gross sales over $2,000.00 and not exceeding
<br />
<br /> $100,000.00 the tax shall be 25¢ on the $100.00 in excess
<br />
<br /> of $2,000.00.
<br />
<br /> On all such sales in excess of $100,000.00 the tax shall be
<br />
<br /> twenty cents (20¢) on the $100.00.
<br />
<br />
<br />59. Pawnbrokers.
<br />
<br /> On every license to a pawnbroker the specific license tax
<br />
<br /> shall be five hundred dollars ($500) for one year or fractional
<br />
<br /> part thereof. Not transferable.
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<br />60. (a) Peddlers.
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<br /> Any person who shall carry from place to place, any goods,
<br />
<br /> wares, or merchandise, and offer to sell or barter the same, or
<br />
<br /> actually sell or barter the same, shall be deemed a peddler,
<br />
<br /> and any person licensed as a peddler may sell any personal
<br />
<br /> property a merchant may sell, or he may exchange the same
<br />
<br /> for other articles.
<br />
<br /> A peddlers' license shall not be transferable, and any
<br />
<br /> person so licensed shall endorse his name on said license, and
<br />
<br /> such license shall confer authority to sell within the City of
<br />
<br /> Charlottesville.
<br />
<br /> Any peddler who shall peddle for sale or sell or barter
<br />
<br /> without a license shall be guilty of a misdemeanor and on
<br />
<br /> conviction thereof shall be fined not less than twenty-five dol-
<br />
<br /> lars, and not more than one hundred dollars for each offense;
<br />
<br /> and any person selling or offering to sell as a peddler shall
<br />
<br /> exhibit his license on demand of any citizen of this city; and
<br />
<br /> upon his failure or refusal to do so he shall be subject to the
<br />
<br /> penalties for peddling without a license.
<br />
<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 at
<br />
<br /> all times in regular business hours and at the same place, who
<br />
<br /> shall offer for sale goods, wares and merchandise, shall be
<br />
<br /> deemed peddlers under this section. All persons who keep a
<br />
<br /> regular place of business, open at all times in regular hours
<br />
<br /> and at the same place, who shall elsewhere than at such place
<br />
<br /> of business, personally, or through their agent, offer for sale
<br />
<br /> or sell, and at the time of such offering for sale, deliver goods,
<br />
<br /> wares and merchandise, shall also be deemed peddlers as
<br />
<br /> above, but this section shall not apply to those who sell or offer
<br />
<br /> for sale in person or by their employees, ice, wood, meats, milk,
<br />
<br /> butter, eggs, poultry, fish, oysters, game, vegetables, fruit or
<br />
<br /> other family supplies of a perishable nature grown or produced
<br />
<br /> by them and not purchased by them for sale.
<br />
<br /> For the privilege of peddling or bartering in the City of
<br />
<br /> Charlottesville, there shall be paid one hundred dollars for
<br />
<br /> each person so engaged or employed in the City of Charlottes-
<br />
<br /> ville, when he travels on foot, and when he peddles otherwise
<br />
<br /> than on foot, the tax shall be two hundred dollars, except that
<br />
<br /> tax on peddlers of ice, wood, meat, milk, butter, eggs, poultry,
<br />
<br /> fish, oysters, game, vegetables, fruit or other family supplies
<br />
<br /> of a perishable nature not grown or produced by them, shall be
<br />
<br /> fifty dollars for each vehicle used in such peddling in the City
<br />
<br /> of Charlottesville.
<br />
<br /> Every vehicle used in such peddling as aforesaid shall have
<br />
<br /> conspicuously displayed thereon the name of the peddler using
<br />
<br /> the same, together with the street and number, city and state
<br />
<br /> of his residence.
<br />
<br /> Nothing in this section shall be construed to require of any
<br />
<br /> farmer a peddler's license for the privilege of selling or peddling
<br />
<br /> farm products, wood, or charcoal grown or produced by him.
<br />
<br /> Every license issued under this section shall expire on the
<br />
<br /> thirtieth day of April of each year. No license issued under this
<br />
<br /> section shall be prorated.
<br />
<br /> The license taxes imposed by this subsection shall not
<br />
<br /> apply to any peddler who is covered by subsection (b) of this
<br />
<br /> section, and who sells to licensed dealers or retailers only.
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<br />60. (b) Peddlers of Goods, Wares or Merchandise Who Sell
<br />
<br /> to Licensed Dealers.
<br />
<br /> There is hereby imposed an annual city license tax on
<br />
<br /> every person, firm or corporation, (other than a distributor
<br />
<br /> and/or vendor of motor vehicle fuels and petroleum products,
<br />
<br /> a dealer in forest products or tobacco, a farmer, a farmer's
<br />
<br /> cooperative association, a producer, or a manufacturer taxable
<br />
<br /> on capital by the State of Virginia), who or which peddles goods,
<br />
<br /> wares, and merchandise by selling and delivering the same at the
<br />
<br /> same time to licensed dealers or retailers at other than a definite
<br />
<br /> place of business operated by the seller.
<br />
<br /> The annual city license tax hereby imposed, as aforesaid,
<br />
<br /> on every such person, firm or corporation, peddling, as aforesaid,
<br />
<br /> is in the sum of one hundred dollars, for each vehicle
<br />
<br /> used in such business, and the said license, shall not be
<br />
<br /> issued quarterly, nor shall it be transferable, nor shall the tax
<br />
<br /> be subject to proration; provided, however, that the tax
<br />
<br /> of any person engaged in business as a wholesaler, merchan-
<br />
<br /> dise peddling a city wholesale merchant's license who is also
<br />
<br /> taxable hereunder, the tax hereby imposed shall be twenty-
<br />
<br /> five dollars ($25.00) for each vehicle used in such business.
<br />
<br /> Every vehicle used by any licensee hereunder shall have
<br />
<br /> conspicuously displayed thereon the name of the person, firm
<br />
<br /> or corporation using the same, with the post office address of
<br />
<br /> the licensee, and the license hereby required shall be conspic-
<br />
<br /> uously displayed on each vehicle where used in such business.
<br />
<br /> Every person, firm or corporation claiming to be a distribu-
<br />
<br /> tor and/or vendor of motor vehicle fuels and petroleum pro-
<br />
<br /> ducts, a farmer, a dealer in forest products or tobacco, or sea-
<br />
<br /> food, a producer, or a manufacturer taxable on capital by the
<br />
<br /> State of Virginia, and selling and delivering at the same time,
<br />
<br /> or offering to sell and deliver at the same time, to licensed
<br />
<br /> dealers or retailers, such goods, wares or merchandise, shall,
<br />
<br /> upon request of any police, tax or revenue officer furnish evi-
<br />
<br /> dence of his or its claim other than his or its mere statement,
<br />
<br /> that he or it is exempt from the provisions of this subsection,
<br />
<br /> and failure to furnish such evidence shall be sufficient ground
<br />
<br /> for charging the person operating the vehicle with the viola-
<br />
<br /> tion of this subsection; and in any prosecution for a violation
<br />
<br /> of this subsection, the claim aforesaid must be corroborated by
<br />
<br /> satisfactory evidence. The exemption hereby accorded a distrib-
<br />
<br /> utor and/or vendor of motor vehicle fuels and petroleum pro-
<br />
<br /> ducts and a dealer in forest products or tobacco, is restricted to
<br />
<br /> such peddling of motor vehicle fuels and petroleum products
<br />
<br /> and forest products, and tobacco; and in the case of a farmer,
<br />
<br /> a producer, or a manufacturer taxable on capital by this state,
<br />
<br /> the exemption is restricted to such peddling of goods, wares
<br />
<br /> and merchandise actually manufactured, produced or grown by
<br />
<br /> the seller.
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