Sec. 16A-85. Same—Producer's certificate.
(1) No city license shall be required of peddlers of ice, wood,
meat, milk, butter, eggs, poultry, fish, oysters, game, vegetables,
fruit or other family supplies of a perishable nature grown or
produced by them and not purchased by them for sale.
(2) But every such peddler of family supplies of a perishable
nature grown or produced by him and not purchased by him for
sale shall on or before January first of each year file with the
commissioner of revenue of this city a certificate in duplicate
under oath in which shall be given the name and post office
address of the applicant, the location of the land on which the
family supplies of a perishable nature are produced, or are 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 and to which the lease is to run.
(3) Upon receipt of such certificate and such other evidence
under oath as may be sufficient to establish the fact that the
applicant is entitled to the certificate, the commissioner of
revenue shall endorse on one copy of such certificate the fact and
date of its filing, and shall deliver such copy to the applicant, and
such applicant shall thereafter at all times while he is engaged in
peddling within this city, have such copy in his possession and
upon request by an officer of the city charged with enforcing of
this chapter, exhibit such certificate. The commissioner of
revenue may administer the oaths required by this subsection.
(4) Any officer charged with the enforcement of this chapter
may at any time question any peddler claiming exemption
from city license taxation and may require of such peddler an
affidavit in support of any claim made by such peddler that the
produce then in or on his vehicle was grown or produced by
him.
(5) The word "peddler" or "peddlers," as used in this subsection
shall be construed as including their bona fide employees.
(6) Any peddler failing to exhibit such certificate in violation of
this subsection, or making any false statement in the certificate
or affidavit aforesaid, or by permitting the certificate obtained by
him to be used in the sale of any family supplies of a perishable
nature not grown or produced by him, shall upon conviction, be
fined not less than five dollars nor more than fifty dollars for
each offense, and upon failure to pay the said fine shall be
confined in the city jail for not less than ten days nor more than
thirty days.
(7) No city license shall be required of persons offering for sale
in the officially established city market created pursuant to
section 21-15; provided, that such person first obtains from the
department of parks and recreation a producer's certificate,
pursuant to the provisions of this section for sales at the city
market and at no other place. Such certificate may include farm
produce, food stuffs, art work or handicrafts grown or produced
by the seller, members of his family or farm laborers employed
by him upon property owned or leased by the seller and not
purchased by the seller for resale. Such certificates shall be used
by the producers themselves and shall in no case be transferable
to any third parties. The commissioner of the revenue is
authorized to delegate to the department of parks and recreation
the authority to issue such certificates only for use at the city
market. (4-7-69, § 62b; 8-6-73.)
