In addition to the definitions set forth in § 110.002 of this code of ordinances, the following words and phrases used in this subchapter shall have the meaning herein prescribed.
AGRICULTURAL VENDOR. A person engaged in the sale of fruits and/or vegetables from stands, motor vehicles, roadsides or through door-to-door solicitation.
ARTISAN VENDOR. A vendor of artistic works, crafts and other goods, especially goods made by hand.
ICE CREAM VENDOR. Any person traveling by ice cream vendor vehicle, from place to place, or from street to street carrying, conveying or transporting ice cream, frozen confectionaries or similar goods and wares, offering or exposing the same for sale from a wagon, motor vehicle or other vehicle of conveyance.
ICE CREAM VENDOR VEHICLE. Any wagon, motor vehicle or any type of conveyance used by an ice cream vendor to transport, offer or expose for sale of ice cream or similar goods or wares for sale.
MARKET SPONSOR. A person, persons or business entity of any kind which obtains a special event permit for operation of a seasonal outdoor or semi-enclosed public market.
PERSON. An individual, a co-partnership, firm, corporation or association.
PRODUCE VENDOR. A vendor of fresh, raw, whole, unprocessed and unprepared food items directly to the final consumer in compliance with rules established by the state.
RELIGIOUS OR CHARITABLE ORGANIZATIONS. Any organization which can provide written approval from the Internal Revenue Service that the organization has been granted tax exempt status under I.R.C. § 501(c)(3), being 26 U.S.C. § 501(c)(3) or their successors.
SALES EVENT. An event where two or more temporary merchants, display any goods, wares or services at a location in the city for the purpose of sale or soliciting orders to be filled in the future, for financial gain or profit.
SEASONAL BUSINESS. A temporary business based on specific seasonal periods such as Christmas trees, fireworks, snow cone sales, locally grown agricultural produce, seasonal outdoor or semi-enclosed public markets and other similar uses.
SEASONAL OUTDOOR OR SEMI-ENCLOSED PUBLIC MARKET.
(1) A seasonal business which occupies space in an organized market occupying physical public or private space, in which multiple vendors operate under a single special event permit issued to and overseen by a market sponsor. Vendors may include produce vendors, artisan vendors, food vendors (including mobile food vendors) and other types of temporary merchants selling physical goods.\
(2) SEASONAL OUTDOOR OR SEMI-ENCLOSED PUBLIC MARKETS shall not include auctions and auctioneers, solicitors, pawnbrokers, private security or detective services, swap meets, flea markets or other types of vendors selling intangible services.
SNOW CONE SHACK.
(1) A structure not larger than 50 square feet and a height no greater than 12 feet, placed on an approved location as described in § 116.010 of this chapter.
(2) For the purposes of this subchapter, a SNOW CONE SHACK shall not be a mobile unit on wheels, but rather a structure that is placed on the ground at its approved location during the seasonal period for which it is licensed.
SPECIAL EVENT PERMIT. A permit issued by the city for:
(1) An event planned to take place on public property where the general public is invited;
(2) An event that involves the blocking of public streets or sidewalks;
(3) An event where city assistance is requested; or
(4) An event that is considered a mass gathering under the Utah Administrative Code.
TEMPORARY MERCHANT.
(1) Any person whether a resident of the city or not, who within the limits of the city:
(a) Engages in a temporary business of selling and/or delivering goods, wares or services, or who conducts meetings open to the general public where franchises, distributorships, contracts or business opportunities are offered to the public; or
(b) Sells, offers or exhibits for sale any goods, wares or services, franchises, distributorships, contracts or business opportunities, during the course of or any time within six months after a lecture or public meeting pertaining to such goods, wares, services, franchises, business opportunities, contracts or distributorships.
(2) The foregoing notwithstanding, a TEMPORARY MERCHANT, for the purposes of this definition, shall not include the following:
(a) A person who shall occupy any business establishment for the purpose of conducting a permanent business therein; provided, however, that, no person shall be relieved from the provisions of this subchapter by reason of a temporary association with any local dealer, trader, merchant or auctioneer, or by conducting such temporary or transient business in connection with, as part of or in the name of any local dealer, trader, merchant or auctioneer;
(b) Any sales of merchandise damaged by smoke or fire, or of bankrupt concerns, where such stock has been acquired from a merchant or merchants of the city regularly licensed and engaged in business; provided, however, no such stock or merchandise shall be augmented by new goods;
(c) A person who sells his or her own property which was not acquired for resale, barter or exchange, and who does not conduct such sales more than twice during any calendar year;
(d) Art exhibits, where participating artists sell their original works, and which do not contain any sale(s) of art work purchased or taken on consignment and held for resale, providing such art exhibits are sponsored by a local responsible organization;
(e) Religious or charitable organizations as defined in this section; and
(f) Sales of goods, wares or services at a convention, meeting or exposition which is not open to, nor advertised to, the general public, to the extent such sales are made to registered members of the sponsoring organization, provided the sponsoring organization or its designated agent delivers to the city license supervisor, at least 15 days in advance of such convention, meeting or exposition, a statement of the organization’s qualification for this exemption and a statement of the common interest or category of those who will be attending such convention, meeting or exposition; and providing all persons selling or purchasing goods, wares or services at such convention, meeting or exposition shall wear or display in a conspicuous manner a tag stating the name of the sponsoring organization.
(Prior Code, § 14.06.010) (Ord. 16-08, passed 6-16-2016; Ord. 06-18, passed 11-3-2016)