Section 98-71 RETAIL MERCHANTS.

A. Any person conducting, operating, or engaging in any of the businesses of a retail merchant shall pay an annual license tax equal to twelve cents ($0.12) per $100.00 of his gross receipts in such business, trade or occupation for the preceding year. However, no such license tax shall be collected from a "direct seller" as defined in Virginia Code Section 58.1-3719.1, contrary to the terms of Virginia Code Section 58.1-3719.1. The tax shall be levied on a "direct seller" whose total sales exceed $4,000 per year.

B. Any person who shall sell upon his own premises property of his own, not purchased for that purpose, for less than ten (10) days per year shall, upon application to the Assessor, be granted an exemption from purchasing a retail merchant's license. Any person violating the provisions of this section shall, upon conviction thereof, be punished as provided in Chapter 1, Article II, Penalties, of this Code, and each day's violation hereof shall constitute a separate offense.

C. In any case in which the Department of Mines, Minerals and Energy determines that the weekly U.S. Retail Gasoline price (regular grade) for PADD 1C (Petroleum Administration for Defense District - Lower Atlantic Region) has increased by 20% or greater in any one-week period over the immediately preceding one-week period and does not fall below the increased rate for at least 28 consecutive days immediately following the week of such increase, then, notwithstanding any tax rate on retailers imposed by the local ordinance, the gross receipts taxes on fuel sales of a gas retailer made in the following license year shall not exceed 110% of the gross receipts taxes on fuel sales made by such retailer in the license year of such increase. For license years beginning on or after January 1, 2006, every gas retailer shall maintain separate records for fuel sales and nonfuel sales and shall make such records available upon request by the local tax official.

The provisions of this subsection shall not apply to any person or entity (i) not conducting business as a gas retailer in the Town for the entire license year immediately preceding the license year of such increase or (ii) that was subject to a license fee in the Town pursuant to 58.1-3703 of the Code of Virginia (1950), as amended for the license year immediately preceding the license year of such increase.