§ 23-50. Retail peddlers and itinerant merchants license tax requirements.

(a)

Every retail peddler and itinerant merchant shall annually pay a license tax of three hundred twenty-five dollars ($325.00) per year.

(b)

This subsection shall not apply to those who sell or offer for sale, in person or by their employees, ice, wood, charcoal, meats, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruits or other family supplies of a perishable nature, or farm products grown or produced by them and not purchased by them for sale. Also, a dairyman who operates, upon the streets of this city, one (1) or more vehicles may sell and deliver, from such vehicle(s), milk, butter, cream and eggs, without procuring a peddler's license.

(c)

Except as otherwise provided in the state code, every wholesale peddler and itinerant merchant shall pay a license tax in the same amount and manner as wholesale merchants.

(d)

No license shall be required of peddlers of produce, fruits or fresh meats who are bona fide producers or growers of the produce, fruits or meats sold by them; and no license shall be required of peddlers of seafood who are bona fide catchers, producers or growers of seafood sold by them.

(e)

The commissioner shall require such bona fide producer or grower of market produce, fruits or fresh meat to file with the commissioner a certificate in which shall be given the name and address of the applicant, the location of the land from which the produce, fruit, or meat is to be produced, whether the applicant is the owner thereof, or renter, and in the latter case, the name of the landlord or owner and the time from which the applicant's lease is to run; also, that the applicant intends to use the sign hereinafter mentioned personally, or by agent, for the sale of the applicant's own produce, fruit or meat only, and will not permit the same to be used by any third party, or for the sale of any produce, except the applicant's own. Upon receipt of such certificate, the commissioner shall furnish to such bona fide producer a decal, of a size and design to be selected by the commissioner and suitable to be displayed on a vehicle, on which shall be printed the license year and peddler number.

(f)

Any decal issued under this section shall be affixed and displayed by the owner on the left-hand side of owner's vehicle, on the outside thereof, and in a conspicuous place, so that the same may be readily seen at all times by anyone authorized to inspect the same. An annual fee of one dollars ($1.00) shall be levied and paid for each decal issued.

(g)

Any person making a false statement in the certificate required by subsection (e) above, or permitting the decal mentioned above to be used in the sale of any produce, fruit or meat, except when same is grown by such person on the land described in such certificate, shall be guilty of a Class 4 misdemeanor.

(h)

The commissioner shall issue to each licensed peddler a decal of a size and design to be selected by the commissioner and suitable to be displayed on the vehicle to be used by the peddler in the prosecution of such business. On each decal so issued, there shall be printed the word "peddler," the decal number and the license year for which the license is issued.

(i)

Any person who promotes or sponsors a show and sale within the city shall obtain an itinerant merchant's license which shall permit the licensee to promote or sponsor shows and sales for the remainder of the calendar year during which the license is issued, provided that no single show and sale at the same location shall continue for a period exceeding seven (7) days. A license issued to a person under this subsection shall be in lieu of individual itinerant merchants' licenses otherwise required for each merchant participating in the show and sale. Each person who obtains such a license shall be required to report each show and sale promoted or sponsored to the commissioner prior to the event.

(Ord. No. 4969-96, § 1)

(Ord. No. 4969-96, § 1)