(A) (1) When used in this section, the term 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, 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 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.
(2) The annual license fee to act as a hawker and peddler, if the person 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 tons capacity, $150, plus $100 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; or other amount deemed appropriate by the Municipal Court. Such person shall carry his or her license in some conspicuous place in his or her vehicle or about his or her pack; and in addition thereto, he or she shall cause to be painted or stenciled in a conspicuous place on the left-hand side of his or her vehicle the number of such license and the words “Weston 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 20 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 or sell individually or collectively, one or more for the other or others, the products derived from his, her, 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 subchapter;
(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 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 salesperson selling manufactured products produced by his or her employer, and who sells the same to retail dealers for the purpose of resale; and
(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 location 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, her, 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 Clerk a license receipt, without cost, showing that he or she is so exempt, and which shall run for a period of one year after the issuance thereof; but to obtain such license receipt he or she shall make an affidavit as to the facts entitling him or her to such exemption on a form to be prescribed by the City Clerk. Any licensed hawker or peddler who shall be guilty of any fraud, cheating, or misrepresentation, whether through himself, herself, or through an employee, while acting as a peddler in this city or who shall barter, sell, or peddle any goods or merchandise or wares other than those specified in his or her application for a license shall be deemed guilty of a violation of this section.
(Prior Code, § 14-21) Penalty, see § 110.99