(a) When used in this section,
HAWKER and PEDDLER shall mean and include all persons who engage or conduct, within the city, 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 any hotel, motel or lodging house, for the exhibition and sale of goods, wares, and merchandise to sell, for delivery at the same time, any such goods, wares or merchandise; 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 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 and peddler under this section. The person so engaged shall not be relieved from the provisions of this section by reason and association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary or transient business in connection with or as part of the business of, or in the name of any local dealer, trader, merchant or auctioneer. The annual license fee to act as a hawker or peddler, if the persons licensed travels without a vehicle, shall be $10; if he or she travels with a vehicle of not more than one-half ton capacity, $15; if he or she travels with a vehicle of more than one-half ton capacity, but not exceeding one ton capacity, $50; if he or she travels with a vehicle of more than one ton capacity, but not exceeding two tons capacity, $100; and if he or she travels with a vehicle of more than two-ton capacity, $150, plus $100 for each additional ton or fraction thereof over two ton capacity; and the person licensed shall pay at the same rate for each and every vehicle so used. Such person shall carry his or her license in some conspicuous place in his or her vehicle or about his or her pack.
(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 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 or persons engaged within this state in the business or calling of agriculture, horticulture or grazing, who sells or sell individually or collectively, one or more for the other or others, the products derived from his or her business or calling aforesaid;
(2) Any retail or wholesale business concern, established and operating continuously for one year or more within this city in the sale of any product or products over regular routes who are licensed under other provisions of this article;
(3) Any wholesaler or jobber selling soft drinks or nonintoxicating beer for which he or she is duly licensed under other provisions of this or another chapter of this code;
(4) Any person who sells petroleum products, ice, wood, meat, ice cream, dairy products, bread, cakes, pies and other bakery products, butter and eggs, manufactured, grown or produced by any such person and not purchased by him or her for resale;
(5) Sales made by persons by commercial travelers, or selling agents in the usual course of business, nor to bona fide sales of goods, wares or merchandise by sample for future delivery; nor to any sale of goods, wares or merchandise on the grounds of any agricultural association during the continuance of any annual fair held by such association; nor to any sales by organizations acting for charitable, religious or benevolent purposes; nor to annual showings or street exhibits, which may include sales of their showings or exhibits by members of antique associations; numismatic or philatelic societies, art associations or societies when such showing or exhibit does not continue for more than one week each calendar year; nor to judicial sales directed by law, or under the orders of any court;
(6) Any agent or salesperson selling manufactured products produced by his or her employer, and who sells the same to retail dealers for the purpose of resale;
(7) 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 status 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 her or its said merchandise, stock of goods or plant products; and
(8) Any person exempt from license as provided by this section shall obtain from the City Collector-Treasurer, a license receipt, without cost, showing that he or she is so exempt, which shall be effective for the period as provided for annual licenses in this article; but to obtain such license receipt, he or she shall make an affidavit and produce such other evidence as to the fact entitling him or her to such exemption as the City Collector-Treasurer, in his or her discretion, may require, which shall be on a form to be prescribed by the City Collector-Treasurer.
(Ord. passed 4-11-1977)