(a) When used in this section, "hawker and peddler" shall mean and include all persons who engage or conduct, within this City, in traveling from place to place, within this State, 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, parking lot, street, roads or highways, building or other structures 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 or employee, and sell, for delivery at the same time, any 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.
The annual license fee to act as a hawker and peddler, if the person licensed travels without a vehicle, shall be ten dollars ($10.00); if he travels with a vehicle of not more than one-half ton capacity, $15.00; more than one-half ton capacity, but not exceeding one ton capacity, fifty dollars ($50.00); if he travels with a vehicle of more than one ton capacity, but not exceeding two tons' capacity, one hundred dollars ($100.00); and if he travels with a vehicle of more than two tons' capacity, one hundred fifty dollars ($150.00), plus one hundred dollars ($100.00) for each additional ton or fraction thereof over two tons' capacity; and the person licensed shall pay at the same rate for each and every vehicle so used. Such person shall carry his license in some conspicuous place in his vehicle or on his person 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 "Summersville Hawker and Peddler", and the license year 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.
(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 being sold:
(1) Any person or persons engaged within this State 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 or their business or calling aforesaid.
(2) Any retail or wholesale business concern, established and operating continuously for one year or more within this State 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 non-intoxicating beer.
(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 for resale.
(5) Sales made to 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 sales 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 conducted by members of art associations; numismatic or philatelic societies or antique 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 salesman selling manufactured 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 situs in the State of West Virginia, and declared for taxation in 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 of goods or plant products.
(c) Any person who is exempt from the payment of any license fee under this section, as above provided, shall obtain from the City Recorder a license receipt, without cost, showing that he is so exempt, and which shall run for a period of one year after the issuance thereof; but to obtain such license receipt he shall make an affidavit as to the facts entitling him to such exemption on a form to be prescribed by the City Recorder.
(Ord. 2-24-86.)