1962 ORDINANCES - Laserfiche WebLink

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Ak • 60. Outside Agents. Any person residing or having his or their principal office within the State who is not a licensed merchant in the City of Charlottesville who shall sell or offer to sell, either direct or by sample card or repre- sentation, or who shall solicit or take orders for the sale of any goods, wares or merchandise to any purchaser within the City, except to a licensed merchant shall pay for the privilege a license tax on gross sales so made during the preceding calendar year as follows: If the amount of such gross sales shall not exceed $2,000.00 the tax shall be ........................$25.00. On all such gross sales over $2,000.00 the tax shall be 30c on each $100.00 in excess of $2,000.00. 61. Pawnbrokers. On every license to a pawnbroker the specific license tax shall be five hundred dollars ($500) for one year or fractional part thereof. Vot transferable. 62. (a) Peddlers. Any person who shall carry from place to place, any goods, wares, or merchandise, and offer to sell or barter the same, or actually sell or barter the same, shall be deemed a peddler, and any person licensed as a peddler may sell, or he may exchange the same for other articles. A peddlers' license shall not be transferable, and any person so licensed shall endorse his name on said license, and such license shall • confer authority to sell within the City of Charlottesville. Any peddler who shall peddle for sale or sell or barter without a license shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than twenty-five dollars, and not more than one N I' U hundred dollars for each offense; and any person selling or offering to sell as a peddler shall exhibit his license on demand of any citizen of this city; and upon his failure or refusal to do so he shall be subject to the penalties for peddling without a license. All persons who do not keep a regular place of business ( whether it be a house or a vacant lot, or elsewhere) , open at all times in regu- lar business hours and at the same place, who shall offer for sale goods, wares and merchandise, shall be deemed peddlers under this section. All persons who keep a regular place of business, open at all times in regular hours and at the same place, who shall elsewhere than at such place of business, personally, or through their agent, offer for sale or sell, and at the time of such offering for sale, deliver goods, wares and merchandise, shall also be deemed peddlers ' as above, but this section shall not apply to those who sell or offer for sale in person or by their employees, ice, wood, meats, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruit or other family supplies of a perishable nature grown or produced by them and not purchased by them for sale. For the privilege of peddling or bartering in the City of Char- lottesville, there shall be paid one hundred dollars for each person so engaged or employed in the City of Charlottesville, when he travels on foot, and when he peddles otherwise than on foot, the tax shall be two hundred dollars, except that tax on peddlers of ice, wood, meat, milk, butter, eggs, poultry, fish, oysters, game vegetables, fruit or other family supplies of a perishable nature not grown or produced by them, shall be fifty dollars for each vehicle used in such peddling in the City of Charlottesville. Every vehicle used in peddling as aforesaid shall have conspicu- ously displayed thereon the name of the peddler using the same, to- gether with the street and number, city and state of his residence. Nothing in this section shall be construed to require of any farmer a peddler's license for the privilege of selling or peddling farm products, wood, or charcoal grown or produced by him. Every license issued under this section shall expire on the thirtieth day of April of each year. No license issued under this section shall be prorated. The license taxes imposed by this subsection shall not apply to any peddler who is covered by subsection (b) of this section, and who sells to licensed dealers or retailers only. 62. (b) Peddlers of Goods, Wares or Merchandise Who Sell to Licensed Dealers. There is hereby imposed an annual city license tax on every per- son, firm or corporation, ( other than a distributor and/or vender of motor vehicle fuels and petroleum products, tobacco, or seafood, a farmer, a farmer's cooperative association, a producer, or a manu- facturer taxable on capital by the State of Virginia), who or which peddles goods, wares, and merchandise by selling and delivering the same at the same time to licensed dealers or retailers at other than a definite place of business operated by the seller. The annual city license tax hereby imposed, as aforesaid, on every such person, firm or corporation, peddling, as aforesaid, is in the sum of two hundred seventy-five dollars, for each vehicle used in such business, and the said license, shall not be issued quarterly, nor shall it be transferable, nor shall the tax be subject to proration; pro- vided, however, that in the case of any person engaged in business as a wholesale merchant and purchasing a city wholesale merchant's license who is also taxable hereunder, the tax hereby imposed shall be twenty-five dollars ( $25.00) for each vehicle used in such business. Every vehicle used by any license hereunder shall have con- spicuously displayed thereon the name of the person, firm or corpora- tion using the same, with the post office address of the licensee, and the license hereby required shall be conspicuously displayed on each vehicle where used in such business. fiery person, arm or corporation claiming to be a distributor and/or vendor of motor vehicle fuels and petroleum products, a farmer, a dealer in forest products or tobacco, or seafood, a producer, or a manufacturer taxable on capital by the State of Virginia, and sell- ing and delivering at he same time, or offering to sell and deliver at the same time, to licensed dealers or retailers, such goods, wares or merchandise, shall upon request of any police, tax or revenue officer furnish ,evidence of his or its claim other than his or its mere state- ment, that he or it is exempt from the provisions of this subsection, and failure to furnish such evidence shall be sufficient ground for charging the person operating the vehicle with the violation of this subsection, and failure to furnish such evidence shall be sufficient ground for charging the person operating the vehicle with the viola- tion of this subsection; and in any prosecution for a violation of this subsection, the claim aforesaid must be corroborated by satisfactory evidence. The exemption hereby accorded a distributor and/or vendor of motor vehicle fuels and petroleum products and a dealer in forest products or tobacco, is restricted to such peddling of motor vehicle fuels and petroleum products and forest products, and tobacco; and in the case of a farmer, a producer, or a manufacturer taxable on capital by this state, the exemption is restricted to such peddling of goods, wares and merchandise actually manufactured, produced or grown by the seller. A peddler within the meaning of this subsection, is any person, firm, or corporation, with or which, at other than a definite place of business operated by the seller, shall sell, or offer to sell, goods, wares, or merchandise to licensed dealers or retailers, and at the same time of such sale or exposure for sale, shall deliver, or offer to deliver, the goods, wares, or merchandise to the buyer, and any delivery made on the day of sale shall be construed as equivalent to delivery at the time of sale. Every person, firm or corporation claiming exemption from the provision of this subsection on the ground that he or it is delivering goods, wares, or merchandise previously sold to the customer, shall, upon request of any police, tax or revenue officer, furnish evidence of his or its claim other than his or its mere statement, which evidence may be an invoice, and the amount and price thereof, and failure to furnish such evidence shall be sufficient ground for charging the per- son operating the vehicle with a violation of this subsection; and in any prosecution for a violation of this subsection, the claim aforesaid must be corroborated by satisfactory evidence. Every person, firm or corporation violating any provision of this subsection shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five nor more than one hundred dollars for each offense, and each day's violation of any provision of this subsection shall be deemed a separate offense. 62. (c) Peddlers—Producers' Certificate. 1. No city license shall be required of peddlers of ice, wood, meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruit, or other family supplies of a perishable nature grown or pro- duced by them and not purchased by them for sale. 2. But every such paddler of family supplies of a perishable nature grown or produced by him and not purchased by him for sale shall on or before January first of each year file with the Commis- sioner of Revenue of this city a certificate in duplicate under oath in which shall be given the name and post office address of the applicant, the location of the land on which the family supplies of a perishable nature are produced, or are to be produced whether the applicant is the owner threof, or renter, and in the latter case, the name of the landlord or owner and the time from which and to which the lease is to run. 3. Upon receipt of such certificate and such other evidence un- der oath as may be sufficient to establish the fact that the applicant is entitled to the certificate, the Commissioner of Revenue shall endorse on one copy of such certificate the fact and date of its filing, and shall deliver such copy to the applicant, and such applicant shall thereafter at all times while he is engaged in peddling within this city, have such copy in his possession and upon request by an officer of the City charged with enforcing of the license ordinance, exhibit such certifi- cate. The Commissioner of Revenue may administer the oaths re- quired by this subsection. 4. Any officer charged with the enforcement of the license ordi- nance of this city may at any time question any peddler claiming ex- emption from city license taxation and may require of such peddler an affidavit in support of any claim made by such peddler that the produce then in or on his vehicle was grown or produced by hien. 5. The word "peddler" or "peddlers," as used in this subsection shall be construed as including their bona fide employees. 6. Any peddler failing to exhibit such certificate in violation of this subsection, or making any false statement in the certificate or affi- davit aforesaid, or by permitting the certificate obtained by him to be used in the sale of any family supplies of a perishable nature not grown or produced by him, shall upon conviction, be fined not less than five dollars nor more than fifty dollars for each offense, and upon failure to pay the said fine shall be confined in the city jail for not less than ten days nor more than thirty days.