(a) "Hawker and peddler" means and includes all persons who engage or conduct, within this Municipality, in traveling from place to place, a temporary or transient business of selling goods, wares, or merchandise for delivery at the time of sale, and who, for the purpose of carrying on such business may use, lease, or occupy either in whole or in part, a shed, open ground, streets, roads or highways, a room, building or other structure, or who use, lease or occupy for such purposes a room in a hotel, motel or lodging house, for the exhibition and sale of goods, wares, and merchandise for delivery at the same time, or any person who shall carry goods, wares, or merchandise from place to place on foot or with a vehicle, either in person or by employee or agent, and sell, for delivery at the same time, any such goods, wares or merchandise to any purchaser at the wholesale or retail level; and any person who shall solicit for the purpose of rendering any service shall be deemed a hawker and peddler under this section. Any person so engaged shall not be relieved from the provisions of this section by associating or connecting temporarily with the local dealer, trader, merchant, or auctioneer.
(b) The annual license fee to act as a hawker or peddler, if the person travels without a vehicle, shall be ten dollars ($10.00); if he travels with a vehicle of not more than one-half ton capacity, fifteen dollars ($15.00); if he travels with a vehicle of more than one-half ton capacity but not exceeding one ton, fifty dollars ($50.00); if he travels with a vehicle of more than one but less than two ton capacity, one hundred dollars ($100.00); if he travels with a vehicle of more than two ton capacity, one hundred fifty dollars ($150.00) plus one hundred dollars ($100.00) for each ton or fraction of a ton exceeding two ton capacity. The person licensed shall pay at the same rate for each and every vehicle so used and he shall display his license in a conspicuous place in his vehicle or about his pack.
(c) The provisions of this section shall not apply to any person who sells goods, wares, or merchandise to be delivered in the future. The provisions shall not apply to any of the following persons who offer immediate delivery of their goods, wares or merchandise being sold:
(1) Any person engaged in the business or calling of agriculture, horticulture, or grazing who sells products derived from such business or calling.
(2) Any retail or wholesale business concern, established and operating continuously for one year or more within this Municipality in the sale of any product or products licensed under other provisions of this article.
(3) Any wholesaler or jobber selling soft drinks or nonintoxicating beer for which he is duly licensed under other provisions of this article.
(4) Any person who sells petroleum products, ice, wood, meat, ice cream, dairy products, bread, cakes, pies, other bakery products, butter, and eggs; manufactured, grown, or produced by him.
(5) Sales made by commercial travelers, or selling agents in the usual course of business; sales by samples for future delivery; sales on the grounds of any agricultural association during the continuance of any annual fair held by such association; sales for charitable, religious or benevolent purposes; sales derived from annual showings or street exhibits so long as such showing or exhibit does not continue for more than one week; nor to judicial sales ordered or directed by law.
(6) Any salesman selling manufactured products to retail dealers.
(7) Any firm, corporation, or individual having a stock of goods or merchandise, or manufacturing or processing plant(s) kept or operated at a fixed site within this State, and declared on the tax rolls of the county where it is located, and using a vehicle over a fixed route(s) for the purpose of selling or distributing, at wholesale, his goods or merchandise.
(d) Any person exempt from a license, as provided for in this section, shall obtain a license receipt, without cost, from the Recorder showing he is so exempt. The effective period for such license receipt shall be the same as that of annual licenses. In order to obtain such a license receipt, the applicant shall make an affidavit, and produce such other evidence the Recorder may require, showing he is entitled to such an exemption. The form of such affidavit and evidence shall be prescribed by the Recorder.
(1978 Code Sec. 8-33)
(e) The approved operational hours for “Hawking or Peddling” will be no earlier than 8:00 a.m. and no later than 6:00 p.m. excluding Saturdays, Sundays and Holidays.
(Ord. 1-2016. Passed 5-16-16.)