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19890613 1989-25ORDINANCE NO. 1989-25 AN ORDINANCE TO AMEND SECTION 12-24 (a) AND (b), ARTICLE II, CHAPTER 12 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA PERTAINING TO LICENSE TAXES FOR RETAIL SALES FOR PEDDLERS AND SOLICITORS. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia that Section 12-24 (a) and (b), Article II, Chapter 12 of the Code of the City of Fairfax, Virginia is hereby amended to read in its entirety as follows: Sec. 12-24. Retail sales. (a) Every person engaged in retail sales, including operators of coin-operated machines or devices as defined below, shall pay for the privilege an annual license tax the greater of thirty dollars ($30.00) or seventeen cents ($0.17) per one hundred dollars ($100.00) of gross receipts based upon the gross receipts from such retail sales in the next preceding calender year. However, such tax shall be exactly thirty dollars ($30.00) for peddlers, solicitors and itinerant merchants, as defined in (b) below. Promoters, as defined in (b) below, shall be responsible for payment of the tax for all peddlers and solicitors listed in an application for a promoter's license. (b) For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this subsection: Itinerant merchant. Any person who engages in, does or transacts any temporary or transient business in the state, either in one locality or in traveling from place to place in the sale of goods, wares and merchandise, and who for the purpose of carrying on such business hires, leases, uses or occupies any building or structure, motor vehicle, tent, car, boat or public room or any part thereof, including rooms in hotels, lodging 1989-25 houses or houses of private entertainment, or in any street, alley or public place in any city e~-t~, or in any public road in any county, for a period of less than one year, for the exhibition of or sale of such goods, wares or merchandise. Operator of coin-operated machine or device. Any person selling, leasing, renting or otherwise furnishing or providing a coin-operated machine or device operated on a coin-in-the-slot principle within the city; provided, however, the term "operator of coin-operated machines or devices" shall not include a person owning less than three coin machines and operating such machines on property owned or leased by such person. peddler. Any person who carries from place to place any goods, wares or merchandise and offers to sell or actually sells and delivers at the same time. Such person does not keep a regular place of business with regular business hours. Any person who keeps a regular place of business, with regard business hours at the same place, who other than at that regular place of business, personally or through agents offers for sale or sells and, at the time of such offering for sale, delivers goods, wares and merchandise is a peddler. Promoter. Any individual who sponsors an arts and crafts show in a fully enclosed shopping mall where individual arts and crafts peddlers or solicitors offer goods for sale to the general public. Retail merchant. Any person who makes retail sales. Retail sale. The sale of goods, wares and merchandise for any purpose other than resale but not including sales at wholesale to institutional, commercial and industrial users. Solicitor. Any person who travels from place to place taking or attempting to take orders for merchandise or subscriptions for future delivery, or for services to be furnished in the future, whether or not the individual uses 1989-25 samples or collects advance payments; to use any buildinq, structure, or other location within the city for the sole purpose of exhibiting samples and taking orders for future delivery. This ordinance shall become effective upon execution by the Mayor. INTRODUCED: May 23, 1989 PUBLIC HEARING: June 13, 1989 ADOPTED: June 13, 1989 ATTEST: City C~r~j