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Ordinance No. ~45~ - Page <br /> <br />that it is not a temporary store or that the applicant is not an <br />itinerant vendor as defined in this ordinance, in which case the <br />director of public safety shall not be required to impose such <br />license fee. <br /> <br /> Section 4. Provided, however, that this ordinance shall not <br />apply to the owner of any product of his own raising or the manufac- <br />turer of any article manufactured by him and no license shall be <br />required of such persons to vend or sell in any way by himself or <br />agent any such article or product. <br /> <br /> Section 5. The word "person" as used in this ordinance is <br />defined to mean and include any individual, association, partnership <br />or corporation or the agents of any such person who sells to the <br />public at retail through or by means of any such temporary store <br />or place goods, wares and merchandise as herein provided. <br /> <br /> Section 6. If any part of this ordinance shall be held by a <br />court of competent jurisdiction to be invalid for any reason, such <br />holding shall not apply to any other provision of the ordinance not <br />included therein and all other portions of the ordinance shall remain <br />in full force and effect. <br /> <br /> Section 7. Any person violating any of the provisions of this <br />ordinance shall, upon conviction thereof, be fined in any sum not <br />exceeding one hundred dollars ($100) and the costs of prosecution and <br />the license may be revoked by the director of public safety for any <br />violation. <br /> <br /> Section 8. Provisions of this ordinance shall not apply to the <br />sale of Christmas trees and tree trimmings, offered by Lakewood merchants <br />who have paid the legal license fee of one dollar ($1.O0), unless said <br />Christmas trees and tree trimmings are offered for sale at more than <br />one place other than the merchant's regular place of business. Any <br />person, firm or corporation other than the foregoing shall pay a <br />fee of ten dollars ($10) per annum for the privilege of offering <br />Christmas trees and tree trimmings for sale. <br /> <br /> The term "merchants" in this section is hereby <br />defined as including only those Lakewood dealers who customarily sell <br />Christmas trees and trimmings in the ordinary course of their business, <br />and as excluding such firms and agencies which do not handle this type <br />of merchandise regularly. <br /> <br /> Section 9. That ordinance No. B152 providing for the licensing <br />of peddlers, hucksters and itinerant vendors and ordinance No. ~46 <br />entitled "An ordinance to define temporary stores and fix an <br />occupational tax on such stores operating in the city of Lakewood" <br />shall be and the same are hereby repealed. <br /> <br /> section 10. This ordinance is hereby declared to be an <br />emergency measure for the reasons stated in the preamble hereof and <br />shall be in full force and effect upon its passage and approval by the <br />Mayor. <br /> <br />Adopted: March 5, 19B4 <br /> <br />Joy Seth Hurd <br /> President <br /> <br />Approved: A, I. Kauffman H.A. Rees <br /> May0'r" Clerk <br /> <br /> <br />