The Birmingham age-herald., 1917-03-08
CITY ORDINANCES ~@~~~~~~~~~-~-~---~ Ordinance No. 465-C

F ing entitled "An ordinance to pre-
 scribe and fix licenses for businesses.
 occupations and professions in the
 city of Birmingham, Ala, for the
 year 1917."
 Be it ordained by the commission of the city of Birmingham as follows:
 Section l. That section ? of ordinance No, 444-C, as amended, being an ordinance to prescribe and fix licenses for busi- nesses, occupations and professions in the city of Birmingham. Alabama, for the year 1917. approved December 30, 1916 (as amended by ordinances No. 456-C, ap- proved January 31 1917 No. 459-C, ap- proved February II, 1917. and No. 463-C, approved February q, 1s1D, be, and the same is hereby amended so as to read as follows:
 TRANSIENT DEALERS
 Sec 2 Transient dealer: All transient dealers, as hereinafter defined by this section 2 of this ordinance shall pay a license as follows:
 Where the stock of goods car- ried or exhibited, or from which sales or fittings are made or from which orders are selected, Is less than S100 00.................$ 5000 Where such stock of goods is $100 or more and less than S1oOO .. 500O0 Where such stock of goods is 5000
 or more and less than s25OO ..... 750Oo Where such stock of goods is s25O0
 or more 1000 %
 (a) The term transient dealer" for the purposes of this section shall mean and include all persons, firms and corpora tions. both principals, factors, agents, salesmen and employees who have no fixed or permanent place of business and resi- dent agent in this city; and
 CD Who engage in conduct in this city, either in one locality, store or room, or in travelling from place to place, temporary or transient business of sell ing or taking orders for the sale of goods, wares or merchandise. then within the state of Alabama, with the intention of continuing in said business in said city for a period of not more than one hun dred and eighty Q8O consecutive days, and who, for the purpose of carrying on such business, use, lease, rent or occupy, either in whole or in part, a room, build- ing or other structure for the exhibition or sale of such goods. wares or mer- chandise; or
 CID Who exhibit goods, wares or mer- chandise for the purpose of making sales therefrom; or
 GID Who exhibit goods, wares and merchandise for the purpose of advertis- ing, encouraging or stimulating the trade of the exhibitor at the exhibitors regu- lar place or places Of business, or else- where, outside of this city, or for the purpose of securing customers at such place or places; or
 QV) Who make fittings or alterations of. or invite persons to try on, any arr ticle of wearing apparel, of any charac- ter, exhibited or carried in the stock brought to this city for the purpose Of thereafter causing the same or a similar article to be altered manufactured or supplied and delivered to the customer l.
 (V) Who take measurements for the purpose of thereafter altering or manu- featuring or supplying and delivering to or upon the order of any customer pro- cured in this city any garment. hat, shoe or other article of wearing apparel from the stock exhibited or carried in this city or of the kind, quality, model or size carried in stock or exhibited in this city; or
 VD Who exhibit any article of wear ing apparel in this city for the purpose of thereafter causing the same article to be delivered to a purchaser to be procured in this city during such exhibition, whether after alteration or remodeling either in this city or elsewhere or other wise, or without such alteration or re- modelling; or
 (VIID Who. while pretending to take orders from samples or exhibits for fu- l0To OellNcTlcS OL BOOuS then WQOlly out side of Alabama in interstate commerce, actually engage in acts (which are not in themselves interstate commerce, or so di- rectly accessorial to such commerce as to be exempt from local taxation), in con- nection with sales made or orders taken in this city, such as the act, occupation, or business of measuring for or cutting or fitting, in this city. articles of wear ing apparel, goods, wares or merchan- disc, already in Alabama, in whole or in part, at the time when such order is taken, or to be made up in accordance with the measurements or fittings taken or made in this city
 The provisions of this section shall not apply to sales made to dealers who pay a license tax to the city and ad valorem taxes on their stock of goods in the city by commercial travellers or selling agents in the usual course of business; nor to hawkers on the streets, nor to peddlers from vehicles: nor to any sales of goods. wares or merchandise on the grounds of any agricultural society during the con- tinuance of any annual fair held by such society; nor to any sales by societies act- ing for charitable, religious or public pur- poses; nor to acts and transactions which are wholly and exclusively interstate commerce and are exempt in all of their clements from local taxation, (b) Transient dealers shall not advertise, represent, or hold forth sale of goods, wares, or merchandise n an insurance. bankrupt insolvent, assignee. trustee. es-
 K e