For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FIXED AND ESTABLISHED PLACE OF BUSINESS. A store, business office, factory, sales lot, sales stand or similar facility operated and maintained on a regular and permanent basis in a fixed location within the town for the purpose of conducting the business in question, including seasonal businesses such as fruit and vegetable stands or nurseries which are open at least 90 days per year and otherwise meet the above qualifications. The term does not include mobile stands, vehicles, carts and the like, even though such may be frequently or customarily located and operated in the same place, nor temporary sales rooms lots, tents and the like.
ITINERANT MERCHANT. Any person who offers for sale within the town any merchandise, except while engaging in activities or under such circumstances as are described and exempted under § 114.05, and who:
(1) Does not maintain a fixed and established place of business within the town;
(2) Is not a resident independent vendor or sales agent; or
(3) Is not a direct employee or direct sales agent representing a person described by this section.
MERCHANDISE. Includes real property; any tangible personal property such as goods, wares or produce; any intangible property such as insurance policies, securities, service contracts, subscriptions, memberships, tickets and the like; or any personal services or labor to be provided other than as an employee of the person solicited.
RESIDENT INDEPENDENT VENDOR/SALES AGENT. A person who does not maintain a fixed and established place of business in the sense defined in this section, but who:
(1) Maintains and ordinarily occupies a principal place of residence in the town; and either
(2) Sells merchandise manufactured or otherwise provided by himself or herself or members of his or her family at or based from the residential location; or
(3) Sells merchandise produced or provided by others and sold locally by such person under franchise, license or distributorship; and
(4) The person has substantial control over and responsibility for the delivery and character of the merchandise being sold by him or her, including the power to refund the purchase price and/or replace or remedy defects in any merchandise if it is not properly delivered or is unsatisfactory to the customer.
SELL (and any derivative term). Offering or soliciting direct purchase of merchandise, barter or trade, lease-purchase arrangements, entering into contracts to provide services or merchandise and all other transactions and exchange of merchandise for valuable consideration of any sort, whether for immediate or future delivery.
(`86 Code, § 4-6-1) (Ord. 10, passed 1-2-39; Am. Ord. 86-C6, passed 7-15-86)