A. Definitions: Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. The singular shall include the plural and the plural shall include the singular. The masculine shall include the feminine and the neuter, and vice versa.
The term "shall" means mandatory and the term "may" is permissive. The following terms shall have the definitions given to them:
PEDDLER: The term "peddler" shall mean a person who goes from house-to-house, door-to-door, business-to- business, street-to-street, or any other type of place-to- place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, or other personal property, that the person is carrying or otherwise transporting. The term peddler shall mean the same as the term hawker. Unless expressly set forth or necessarily implied from the context, the term "peddler" shall include the definition of "solicitor", and "transient merchant".
SOLICITOR: The term "solicitor" shall mean a person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property, or services, of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain or attempt to obtain orders as discussed above. The term solicitor shall mean the same as the term canvasser.
TRANSIENT MERCHANT: The term "transient merchant" shall mean a person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter, or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise, or other personal property, and who does not remain or intend to remain in any one location for more than seven (7) consecutive days. (Ord. 2018-3, 5-21-2018; amd. Ord. 2018-8, 11-19-2018)
B. Exceptions To Definitions: For the purpose of the requirements of this chapter, the terms "peddler", "solicitor", and "transient merchant" shall not apply to:
1. Any person selling or attempting to sell at wholesale garden or agricultural produce raised by such person.
2. Any person representing a nonprofit civic, charitable, school, cultural or recreational organization.
3. Any salesman who has established customers to whom periodic deliveries are made and who makes calls upon prospective customers in that salesman's regular service area.
4. Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property, to a retailer of the item(s) being sold by the wholesaler.
5. Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products such as baked goods and milk, nor shall they apply to any person making deliveries of perishable food and dairy products to the customers on his or her established regular delivery route.
6. Any persons conducting the type of sales commonly known as garage sales, rummage sales, or estate sales, as well as those persons participating in an organized multi-person bazaar or flea market, shall be exempt from the definitions of peddlers, solicitors, and transient merchants, as shall be anyone conducting an auction as a properly licensed auctioneer, or any officer of the court conducting a court ordered sale. (Ord. 2018-3, 5-21-2018)