As used in this chapter, the following words and terms shall have the meanings ascribed to them in this section:
CARNIVAL: Includes any person, partnership or any other organization who shall either, as principal or agent, temporarily engage in the business of offering amusement, bingo, and games of chance to the general public; also rides, stands, and other concessions which may accompany said business.
DOOR TO DOOR SALESPERSON: Includes any person, partnership or corporation, who shall, either as principal or agent, engage in a project of door to door solicitation for a business or charitable or religious venture.
ITINERANT MERCHANT: Includes any person, partnership, corporation or any other organization who shall, either as principal or agent, temporarily engage in the business of selling or offering for sale at retail any goods, magazines, magazine subscriptions, agricultural products or horticulture products raised outside of the state of Idaho or who shall sell any wares or merchandise from any room, building, structure, lot, doorway, curb, automobile, truck or other vehicle, or any stand or other place used for the purpose of carrying on such business within the city; provided, however, that the term itinerant merchant as used in this chapter shall not include:
A. Any person, partnership or corporation selling or dealing only with retail merchants within the city, and being exclusively wholesale sellers and dealers.
B. Any person, partnership or corporation living within, employed within, or doing business within the city.
C. Any religious or charitable corporation or organization wishing to engage in any one or more of the above activities for strictly nonprofit purposes.
Any person, partnership, corporation, or any other organization wishing to engage in any one or more of the activities described in this definition, and not specifically excluded from the definition of the “itinerant merchant” as set forth in this definition, may petition the city council, and upon good cause shown, the city council may choose not to treat the petitioner as an “itinerant merchant” as that term is used in this chapter.
ITINERANT PHOTOGRAPHER: Includes any person, firm or corporation who shall, either as principal or agent, temporarily engage in the business of photography or as a photographer from any room, building, structure, automobile, truck or other vehicle, curb, stand, or other place used for the purpose of engaging in the photography business within the city.
MENAGERIE: Includes any person, partnership, corporation or any other organization who shall, either as principal or agent, temporarily engage in the business of offering to the general public, for a charge, a show consisting principally of animals and animal acts.
MOBILE BUSINESS WITH A PERMANENT LOCATION: Includes any person, partnership, corporation or business entity which desires to operate its business out of a movable structure, such as a truck or trailer, at a designated location, either leased or owned by the business operator, which maintains regular business hours of operation with a regular weekly schedule of being open for business.
SPIRITUALIST AND PALM READING: Includes any person, partnership or corporation who shall, either as principal or agent, temporarily engage in the business of attempting to foretell the future, either by the reading of the palm, the use of a crystal ball, cards, or of any other nature.
TENT SHOW: Includes any person, corporation, or any other organization who shall either, as principal or agent, temporarily engage in the business of a traveling amusement show and offering to the general public for a charge under cover any amusement of a temporary nature.
TRAVELING AMUSEMENT: Includes any person, partnership or corporation, or other organization who shall, either as principal or agent, temporarily engage in the business of offering any type of amusement to the general public for a charge. (1974 Code § 2-1601)
It shall be unlawful for any person, partnership or corporation, or any other organization to engage, either as principal or agent, in the business of presenting a "carnival", "menagerie", "traveling amusement", "tent show", "itinerant merchant", "itinerant photographer", or "spiritualist and palm reading", "door to door salesperson", or "mobile business with a permanent location" as defined in section 2-3-1 of this chapter, within the corporate limits of the city, except in accordance with this chapter, and such persons or organizations shall not engage in any business activity without having first procured a license as herein provided, from the city. (1974 Code § 2-1602; amd. 2010 Code)
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