(a) When used in this section, "hawker and peddler" means and includes all persons who engage or conduct, within this 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 or sheds, open ground, streets, roads or highways, a room, building or other structure or who use, lease or occupy for such purposes a room or rooms in any hotel or lodging house for the exhibition and sale of goods, wares and 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 as employee and sells, 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 of 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.
(b) The annual license fee to act as a hawker or peddler shall be as follows:
(1) All persons selling produce only shall pay at the following rate:
A. If the person licensed travels without a motor vehicle, the fee shall be $5.00 per month;
B. If the person licensed travels with a motor vehicle of less than one ton capacity, the fee shall be $10.00 per month;
C. If the person licensed travels with a motor vehicle of one-ton capacity or more, the fee shall be $50.00 per month.
(2) All persons, firms or corporations selling products other than produce shall pay at the following rate:
A. If the person licensed travels without a motor vehicle, the fee shall be $10.00 per month;
B. If the person licensed travels with a motor vehicle weighing less than one ton, the fee shall be $75.00 per month;
C. If the person licensed travels with a motor vehicle of one-ton capacity or more, the fee shall be $150.00 per month.
No license shall be issued under subsection (b)(2) hereof before seven days from the date of the application for the license.
A person licensed shall pay at the same rate for each and 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 lefthand side of his vehicle the number of such license and the words "West Virginia Hawker and Peddler" and the license month 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.
When used in this section, "sale" means and includes both sales for money payment or barter, and offers to make any such sales and offers to render any service for the rendering thereof.
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, or any person who solicits for the purpose of rendering any service, shall be deemed a hawker or peddler under this section.
Possession of a hawker's and peddler's license shall not exempt the owner of such license from obtaining any necessary local or State licenses and filing of the necessary business and occupation tax or other taxes due and owing upon the business done with the appropriate Municipal or State governmental agencies.
A "farmers market" selling locally homegrown produce may be exempt, if approved by Council. (6-24-82)
(c) 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, one or more for the other or others, the products derived from his business or calling as aforesaid.
(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, horticulture or grazing products or to resell and 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 this City in the sale of any products or product 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 article;
(4) Any person who sells petroleum products, ice, wood, meat, milk, ice cream, bread, cake, 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 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 site in the City, 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, goods or plant products; provided, however, that any person exempt from the 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 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 Clerk, in his discretion, may require, which shall be on a form to be prescribed by the City Clerk. (7-1-68)