When used in this article, "sale" means both sales for money payment or for barter, and offers to be made for such sales.
Any person who carries goods, wares or merchandise from place to place, either in person or by agent or employee, and sells, for delivery at the same time, any such goods, wares or merchandise to any purchaser, at wholesale or retail, shall be deemed a hawker or peddler under this article.
The provisions of this article 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 such goods, wares or merchandise being sold:
(a) Any person engaged within the City in the business of agriculture, horticulture or grazing, who sells individually or for a group, one or more products derived from his or their business of agriculture;
(b) Any person engaged in the maintenance or operation of a retail merchandise store to exchange goods, wares or merchandise from the store for agricultural, 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 operated continuously for one year or more within the City in the sale of any products over regular routes;
(c) Any wholesaler or jobber selling soft drinks or nonintoxicating beer for which he is duly licensed under other provisions of this Business and Taxation Code;
(d) Any person who sells petroleum products, ice, wood, meats, 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;
(e) Any sales by societies, groups or organizations acting for charitable, religious or benevolent purposes;
(f) Any agent or salesman selling manufactured products, except green groceries and canned or bottled fruit products, produced by his employer, and who sells the same to retail dealers for the purpose of resale;
(g) Any firm, corporation or individual having a stock of goods, or merchandise, or manufacturing or processing plant or plants kept or operating at a fixed situs in the State and declared for taxation in the county where located, and using a vehicle or vehicles over a fixed route or routes, for the purpose of selling or distributing, at wholesale, their, his or its merchandise, stock of goods or plant products. (A.O.)
(h) Any vendor registered and authorized to sell approved merchandise in the area, but only in the area, designated by the City as the Parkersburg Public Market (Farmers’).
(Ord. 0-1308. Passed 6-24-08.)
However, any person exempt from license, as above provided, shall obtain from the City Clerk a license receipt, without cost, showing that he is so exempt, which shall be effective for the period as provided for annual licenses in Article 701; but to obtain such license receipt he shall make an affidavit and produce such other evidence as to the facts entitling him to such exemption as the City Clerk in his discretion may require, which shall be on a form to be prescribed by the City Clerk.