For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS SO LICITATION. An attempt by a solicitor, engaging in transactions of the same kind, to sell or distribute for a consideration any goods or services primarily for personal, family or household purposes, when either the solicitor or person acting for him or her contacts the solicitee by telephone or in person, other than at the established place of business of solicitor, except:
(1) An attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the business firm or organization he or she represents, and the identity or kinds of goods, services or things of value offered;
(2) An attempted solicitation in which the solicitee has first initiated the contact with the solicitor;
(3) An attempted solicitation of a newspaper subscription in which the solicitor is a minor child engaged in both the delivery and sale of the newspaper;
(4) An attempted solicitation for the sale of products of a farm or garden occupied or cultivated by the solicitor, when facts of the occupancy or cultivation are proven by the solicitor; or
(5) An attempted solicitation for an exempt activity as defined in § 114.03.
CONTRIBUTION SOLICITATION. An attempt by a solicitor to obtain money from a solicitee for any cause or purpose, when either the solicitor or person acting for him or her contacts the solicitee by telephone or in person other than at the established place of meeting, business, service or activity of the organization represented by the solicitor, except:
(1) An attempted solicitation in which the solicitee personally knows the identity of the solicitor, the name of the organization he or she represents, and the identity of the services performed or offered by the organization;
(2) An attempted solicitation in which the solicitee has first initiated the contact with the solicitor or the organization represented by him or her; or
(5) An attempted solicitation for an exempt activity as defined in § 114.03.
ESTABLISHED PLACE. Real estate in the city owned, leased on a month to month or term-certain longer than 30 days. The term includes a booth, compartment or area leased or assigned during and for the length of an event or occasion.
GOODS. Any tangible thing of value including money if the selling price exceeds the face value thereof. The term includes such chattels as are furnished or used at the time of sale or subsequently in the modernization, rehabilitation, repair, alteration, improvement or construction of real property so as to become a part thereof whether or not severable therefrom.
SERVICES. Work, labor or services of any kind.
SOLICITEE. The person solicited.
SOLICITOR. Any person making the solicitation, including such common terms as PEDDLER, TRANSIENT MERCHANT and CANVASSER.
(Prior Code, § 6.23) (Ord. 321, Second Series, passed 10-13-2009)