For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“BEVERAGE.” Any nonalcoholic liquid, hot or cold, intended for use in whole or in part for human consumption.
“CITY PROPERTY.” All outdoor areas which are owned, or leased as lessee, by the city or one of the city’s departments, or upon which the city or one of its departments has an easement or right-of-way including, but not limited to, streets, sidewalks, plazas, or other areas adjacent to buildings owned by the city or one of its departments.
“ENFORCEMENT OFFICER.” A person designated by the City Planner, Police Department, or City Attorney to enforce the provisions of this chapter.
“FOOD.” Any raw, cooked, frozen, or processed edible substance or beverage intended for use in whole or in part for human consumption.
“MOBILE FOOD VENDOR UNIT.” A person who sells, serves, offers for sale, or gives away food or beverages from any self-contained mobile unit, independent with respect to water, sewer, and power utilities, capable of moving or being moved, is meant to be portable and is not permanently attached to the ground, consisting of an enclosed truck, trailer, bus, or similar vehicle that contains equipment used for the sale and/or preparation of food or beverages merchandise and is closed up when not in operation. An ice cream truck that does not park or locate in any one place for longer than ten minutes is not considered a mobile food vendor unit for purposes of this chapter.
“MOBILE VENDOR UNIT.” A person who sells, offers for sale, or gives away any goods, wares, or merchandise from any self-contained mobile unit, independent with respect to water, sewer, and power utilities, capable of moving or being moved, is meant to be portable and is not permanently attached to the ground consisting of a truck, trailer, bus, or other vehicle.
“POLITICAL.” On behalf of a political party or candidate or for the purpose of influencing legislation or personal belief.
“PRIVATE PROPERTY.” All outdoor areas which are not owned or leased by any governmental agency or entity, including, but not limited to, streets, sidewalks, plazas, parking lots, or other areas adjacent to buildings not owned by a governmental agency or entity.
“PUSHCART.” A non-motorized wheeled cart which may be moved by one or more persons and which is designed and used for displaying, keeping, or storing food or beverage or products for sale by a vendor.
“RELIGIOUS.” On behalf of an established religion which means a particular system of faith and worship recognized and practiced by a particular church, sect, or denomination.
“SOLICITATION.” The act of any person traveling by foot, vehicle, or any other type of conveyance who goes on private or public property to: (a) request, either directly or indirectly, money, credit, funds, contributions, personal property, or anything of value; (b) take or attempt to take orders for the sale of any goods, wares, merchandise, or services of any kind, or description for future delivery or for services to be performed in the future either in person or by distributing flyers and leaflets; (c) does not include a realtor or auctioneer conducting private listings or auctions of real estate or personal property.
The term “SOLICITATION” does not mean the following: (a) a person communicating or otherwise conveying ideas, views, or beliefs or otherwise disseminating oral or written information to a person willing to directly receive such information, provided that such information is of a political, religious, or charitable nature; (b) a person seeking to influence the personal belief of the occupant of any residence regarding any political or religious matter; (c) a person seeking to obtain, from the occupant of any residence, an indication of the occupant’s belief in regard to any political or religious matter; (d) a person conducting a poll, survey, or petition drive in regard to any political matter; (e) a person carrying, conveying, delivering, or transporting food or beverage products, newspapers, or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods is entitled to receive the same; (f) a person whose business is to solicit dealers or permanent merchants in the usual course of business; or (g) any person exempted from this chapter’s requirement under IC 8-1-34-30. (h) Mobile food vendor units invited on private property selling to employees on said private property require no city permits. (i) Special events located on private property selling to invited guests, regardless of the number of said invited guests and not the public at large who would not have received an invitation or be part of a special event open to individuals on said private property.
“SOLICITOR.” A person, whether a resident of the city or not, engaged in solicitation. In addition, a “SOLICITOR” may also be considered a peddler or transient merchant as defined by IC 25-37-1 et seq., which includes any method of selling goods, wares, or merchandise door to door or in open public on the streets, alleys, avenues, sidewalks, or other common public places within the city limits of Butler, Indiana.
“SPECIAL EVENT.” Any event so designated by the City of Butler Board of Public Works and Safety.
(Ord. 1694, passed 10-7-19)