(a) The annual license fee to act as a hawker or peddler, if the person licensed travels without a motor vehicle, shall be ten dollars; if he travels with a motor vehicle of not more than one-half ton capacity, fifteen dollars; if he travels with a motor vehicle of more than one-half ton capacity, but not exceeding one ton capacity, fifty dollars; if he travels with a motor vehicle of more than one ton capacity, but not exceeding two tons' capacity, one hundred dollars; and if he travels with a motor vehicle of more than two tons' capacity, one hundred fifty dollars, plus one hundred dollars for each additional ton or fraction thereof over two tons' capacity; and the person licensed shall pay at the same rate for every motor vehicle so used. Such person shall carry his license in some conspicuous place in his vehicle or about his pack; and in addition thereto, he shall cause to be painted or stenciled in a conspicuous place on the left-hand side of his vehicle the number of such license and the words "New Martinsville Hawker and Peddler" and the license year for which such license is issued, which information shall be in black letters on a white background, and the whole thereof shall be at least eight by twenty inches in size.
(1) When used in this section, the term "sale" shall mean and include both sales for money payment or for barter, and offers to make any such sale and offers to render any service or the rendering thereof.
(2) Any person who shall carry goods, wares or merchandise from place to place, either in person or by agent or employee, and sell, for delivery at the same time, any such goods, wares or merchandise to any purchaser, at wholesale or retail, and any person who shall solicit for the purpose of rendering any service, shall be deemed a hawker or peddler under this section.
(b) The provisions of this section shall not apply to any person who sells any goods, wares or merchandise to be delivered in the future or to any of the following who offer immediate delivery of the goods, wares or merchandise being sold:
(1) Any person engaged within the city in the business or calling of agriculture, horticulture or grazing, who sells, individually or collectively, the products derived from his business or calling.
(2) Any person engaged in the maintenance or operation of a retail merchandise store to exchange goods, wares or merchandise from such store for agriculture, horticultural or grazing products or to resell any such products received in due course of such business; nor to any other retail business concern established and operating continuously for one year or more within the City the sale of any product or products over regular routes.
(3) Any wholesaler or jobber selling soft drinks or nonintoxicating beer for which he is duly licensed under other provisions of this Code.
(4) Any person who sells petroleum products, ice, wood, meat, milk, ice cream, bread, cakes, pies and other bakery products, butter and eggs, manufactured, grown or produced by any such person and not purchased by him for resale.
(5) Any sales by societies, groups or organizations acting for charitable, religious or benevolent purposes.
(6) Any agent or salesman selling manufactured products, except green groceries and canned or bottled fruit products, produced by his employers and who sells the same to retail dealers for the purpose of resale.
(7) Any person having a stock of goods or merchandise, or manufacturing or processing plant kept or operating at a fixed situs in the city and declared for taxation in the county where located, and using a vehicle over a fixed route for the purpose of selling or distributing at wholesale his merchandise, stock of goods or plant products; provided, that any person exempt from license as above provided shall obtain from the city a license receipt, without cost, showing that he is so exempt, which shall be effective for the period as provided for annual licenses in this article and shall be coextensive with the entire City; but to obtain such license receipt, he shall make an affidavit and produce such other evidence as to the fact entitling him to such exemption as the City, in its discretion, may require, which shall be on a form to be prescribed by the City.
(6-20-60)
(6-20-60)