§ 10-51. Hawkers and peddlers

(a) The annual license fee to act as a hawker and peddler shall be:

(1) If the person licensed travels without a vehicle, $5.00;

(2) If he travels with a vehicle of not more than one-half ton capacity, $7.50;

(3) If he travels with a vehicle of more than one-half ton capacity, but not exceeding one ton capacity, $25.00;

(4) If he travels with a vehicle of more than one ton capacity, but not exceeding two tons capacity, $50.00; and

(5) If he travels with a vehicle of more than two tons capacity, $75.00, plus $50.00 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 about his pack.

(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 persons engaged within this state in the business or calling of agriculture, horticulture or grazing, who sell individually or collectively, 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 nonintoxicating beer for which he 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 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 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, his or its said merchandise, stock of goods or plant products.

(Code 1979, § 12-26)