(a) When used in this section the term “hawker and peddler” means all persons who engage in or conduct, within the City of Spencer, a temporary or transient business selling goods, wares, merchandise, or services for delivery at the time of sale. Any person so engaged shall not be relieved from the provisions of this article 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) No hawker or peddler shall do business within the City of Spencer, without first obtaining a West Virginia state business license and a City business license. The annual license fee to act as a hawker or peddler shall be two hundred fifty dollars ($250.00).
(c) All hawkers and peddlers doing business within the City of Spencer shall display both a City license and a state license in some conspicuous place.
(d) 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 the goods, wares, or merchandise being sold:
(1) Any person engaged within this State in the business of agriculture, horticulture, or grazing, who sells the products derived from said business.
(2) Any retail or wholesale business concern, established and operating continuously for one year or more within this City, in the same 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 is duly licensed under other provisions of this or another article of this Code.
(4) Any person who sells crafts, wood, meat, dairy products, bread, cakes, pies and other bakery products, and butter and eggs manufactured, grown, or produced by any such person and not purchased for resale.
(5) Any licensed participant in the West Virginia Walnut Festival or such other activity recognized and approved by the City of Spencer.
(6) Any person conducting a sale for charitable, religious, or benevolent purpose.
(7) Any person conducting a judicial sale directed by law or order of court.
(8) Any agent or salesman selling manufactured products produced by his employer, and who sells the same to retail dealers for the purpose of resale.
(9) 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 of West Virginia 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 said merchandise, stock or goods, or plant products.
(e) Any person exempt from license as provided by this article shall obtain from the City Recorder 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; 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 Recorder, in his discretion, may require, which shall be on a form to be prescribed by the Tax Recorder.
(Passed 9-7-23)