(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
TRANSIENT MERCHANT, ITINERANT MERCHANT or ITINERANT VENDOR. Any person, firm, or corporation, whether as owner, agent, consignee, or employee, whether a resident of the town or not, who engages in a temporary business of selling and delivering goods, wares, and merchandises within the town, and who, in furtherance of the purpose, hires, leases, uses, or occupies any buildings, structure, motor vehicle, tent, railroad box car, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the town, for the exhibition and sale of the goods, wares, and merchandise, either privately or at public auction, provided that the definition shall not include:
(a) Any person selling at an approved flea market;
(b) Any auctioneer licensed and acting under the provisions of G.S. Ch. 85B;
(c) Any person, firm, or corporation who, while occupying the temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only;
(d) Any person selling at an approved farmer's market;
(e) Any person selling Christmas trees and holiday decorations;
(f) Licensed automobile dealers selling new automobiles;
(g) Any person selling at a town sponsored festival or event; or
(h) Any sale of a bona fide recognized charitable or educational organization, where the proceeds from the sale are used directly for the organization's charitable purposes.
(B) No person, firm, or corporation so engaged shall be relieved from complying with the provisions of this subchapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer.
(Prior Code, § 50.20)