Chapter 98 BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSING.

Section 98-61 PEDDLERS

A.  Peddlers defined.

(Ord. No. 4-98 Amended Title 2-9-98-Effective Upon Passage)

1. Any person who shall carry from place to place any goods, wares, or merchandise and offers to sell or barter the same, or actually sells or barters the same, shall be deemed to be a peddler.

2. Persons who do not keep a regular place of business, whether it is a house, vehicle, vacant lot or  elsewhere, open at all times in regular business hours and at the same place, who shall offer for sale goods, wares and merchandise, may be deemed  peddlers under this Article. Persons who keep a regular place of business, open at all times in  regular business hours and at the same place, who  shall, elsewhere than at such regular place of business, personally or through their agents, offer for sale or sell and, at the time of such offering for sale, deliver goods, wares and  merchandise, may also be deemed peddlers as above, except for sidewalk sales adjacent to a regular place of business, but this section shall not apply to those who sell or offer for sale, in  person or by their employees, ice, wood, charcoal, meat, 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, but a dairyman who uses upon the streets of the town one (1) or more wagons may sell and deliver from his wagons, milk, butter,  cream and eggs without procuring a peddler's license.

3. All persons who do not keep a regular place of business, whether it is a house, vehicle, vacant lot or elsewhere, open at all times in regular business hours at the same place, who shall offer for sale rugs, furniture, appliances or clothing which is delivered at the time of sale shall be deemed peddlers and shall not be licensed under any separate section.

(Ord. No. 11-86 Amended (3) 7-28-86-Effective Upon Passage)

4. Those vendors of secondhand merchandise who sell their goods and wares as part of an approved or permitted flea market or yard sale and are licensed as such shall not be deemed peddlers.  Those vendors of new merchandise at flea markets shall be deemed peddlers.

(Ord. No. 11-86 Amended (4) 7-28-86-Effective Upon Passage)

5. a. All persons vending Christmas trees or fireworks who do not keep a regular place of business, whether it is a  house, vehicle, vacant lot or elsewhere, open at all times during regular business hours at the same place,  but who offer said items for sale during a portion of the year on or about the season of a celebrated holiday shall not be deemed peddlers except for purposes a license tax imposed pursuant to Virginia Code Section 58.1-3717.

b. Christmas trees are defined as decorative bushes, trees, wreaths and like foliage associated with the celebration of a recognized holiday occurring on December 25 of each year.  The term "Christmas" shall have no religious connotation under this ordinance.

c. All vendors of Christmas trees and fireworks who  do not keep a regular place of business as defined herein shall pay a license tax of one hundred dollars ($100.).  Any nonprofit civic, charitable or educational organization may receive a waiver of this license tax upon application to and approval of the Front Royal Town Council.

(Ord. No. 8-92 Added (5) 7-27-92-Effective Upon Passage

B.  Place of sale. (Ord. No. 3-84 Added 4-23-84-Effective Upon Passage)

1. It shall be unlawful for any peddler to occupy or partially occupy while selling, or sell from, the private property of another without written permission of the private property owner in the possession of the peddler while selling or peddling.

(Ord. No. 2-96 Amended (1) 2-12-96-Effective Upon Passage)

2. All peddlers shall be required to sell or offer for sale their goods, wares or merchandise only:

a. along the following streets: Royal and Shenandoah  Avenues.  Provided, however, that it shall be unlawful to occupy or partially occupy, while selling or to sell from, any portion of the street right of way.

b. upon the property of a shopping center as set forth  in Section 175-111.

c. at all flea market sites in the Town of Front Royal  operating as flea markets by special permit or otherwise operating as flea markets in accordance  with the town's Zoning Ordinance.

(Ord. No. 11-86 Amended (c as e) 7-28-86-Effective Upon Passage)

(Ord. No. 2-96 Amended (2) 2-12-96-Effective Upon Passage)

3. This subsection shall not apply to persons who sell or offer for sale, in person or by their employees, ice, wood, charcoal, meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables, fruits or other supplies or farm products of a perishable nature.

C.  Delivery of goods on day of sale.  For the purpose of this section, any delivery made on the day of sale shall be construed as equivalent to delivery at the time of sale.  Any person claiming exemption from the provisions of this section on the ground that he is delivering goods, wares or merchandise previously sold to the customer shall, upon request of any police, tax or revenue officer, or assessing official, furnish evidence of his claim other than his mere statement, which evidence may be an invoice or signed order describing the goods, wares or merchandise involved and the amount and price thereof.  Failure to furnish such evidence shall be sufficient ground for charging the person making such delivery with a violation of this section, and, in any prosecution for a violation of this section, the claim aforesaid must be corroborated by satisfactory evidence.

(Ord. No. 13-96 Amended 12-16-96-Effective Upon Passage)

D.  Levy of license tax on retail peddlers.

1. There is hereby imposed upon peddlers license taxes in accordance with the following schedules:

 a. Peddlers of meat, milk, butter, eggs, poultry, fish, oysters, games, vegetables, fruits or other  family supplies of a perishable nature not grown or produced by the peddler: fifty dollars ($50.00).  There shall also be imposed a license tax of fifty dollars ($50.00) per vehicle for every vehicle over one used to peddle the above-stated products.

 b. All other peddlers shall pay a license tax of five hundred dollars ($500.00).

(Ord. No. 11-86 Amended (D) 7-28-86-Effective Upon Passage)

2. The license tax authorized by this subsection shall not  apply to a peddler who sells to licensed dealers or  retailers only; a regular wholesaler dealer who shall  at the same time sell or deliver merchandise to retail  merchants; a distributor or vendor of motor fuels and petroleum products or seafood; a farmer; a farmers'  cooperative association; a producer of agricultural  products; a manufacturer who is subject to Virginia tax on intangible personal property and who peddles only the goods, wares or merchandise manufactured by him at  a plant whose intangible personal property is taxed by  the Commonwealth of Virginia.

3. Any peddler who shall peddle for sale or sell or barter  without a license shall be guilty of a misdemeanor and  shall be fined not less than fifty dollars ($50.) nor  more than five hundred dollars ($500.) for each offense  and, in addition, shall be required to purchase the appropriate peddler's license from the Town of Front Royal.

E.  Exemption as to certain dealers in ice, etc.  No peddler's license shall be required, under the provisions of this section, of dealers in ice, wood or coal, who peddle same from vehicles, provided that such dealers have taken out a merchant's license in the town.

F.  Exemption as to person selling farm or domestic products.  Nothing contained in this section shall be construed as imposing any tax upon a person selling farm or domestic products within the town when the products to be sold are grown or produced by such person, but proof shall be shown that such products are so raised by the party offering them for sale. Before any exemption certificate shall be issued to any person as a grower, producer or manufacturer, the applicant for such exemption certificate shall first file with the Assessor a written statement, duly sworn to and attested to by a notary public or Justice of the Peace to his community, setting out in full and in detail the facts claimed to make such applicant a grower, producer or manufacturer, and no exemption certificate shall be issued by the Assessor until such statement, duly sworn to, shall have been produced and  filed.  The notary public or Justice of the Peace executing such written statement shall be given in full.

G.  Enforcement of section.  It shall be the duty of the police officers and other officers of the town to enforce the provisions of this section and to have warrants issued against any person committing a violation.