For the purposes of this article, except Section 729.13, the following words and phrases shall have the meanings respectively ascribed to them by this section:
(a) “Canvasser” or “solicitor” means any individual, whether a resident of the City or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares, merchandise, personal property of any nature whatsoever for future delivery or for the services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not; provided, that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad car, boat, hotel room, lodging house, apartment, shop or any other place within the City for the sole purpose of exhibiting samples and taking orders for future delivery.
(Ord. 83-10. Passed 5-19-83.)
(b) “Peddler”, “hawker” and “huckster” means any person, whether a resident of the City or not, traveling by foot, wagon, automobile, vehicle or any other type of conveyance from place to place, house to house, or from street to street carrying, conveying or transporting goods, wares, merchandise, meat, fish, vegetables, fruits, garden or truck farm products, or provisions offering and exposing the same for sale, or barter, actually selling or bartering, and delivering articles to purchasers; or persons who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance; and further provided, that one who solicits orders and as a separate transaction, makes deliveries to purchasers, as a part of a scheme or design to evade the provisions of this article shall be deemed a peddler within the provisions of this article, except that nothing in this section shall be construed as levying a license tax on an agent or traveling salesman of a manufacturer or wholesaler who may directly supply articles manufactured or handled by such manufacturer or wholesaler to customers engaged in merchandising at retail at bona fide, fixed and stationary places of business.
(Ord. 98-2. Passed 2-5-98.)
(c) “Itinerant vendors” includes all persons who engage or conduct within this City a temporary or transient business of selling goods, wares and merchandise out of current stock on orders for future delivery, and who for the purpose of carrying on such business, use, lease or occupy either in whole or in part a room, building or other structure, or who use, lease or occupy for such purposes a room in any hotel or lodging house, for the exhibition and sale of such goods, wares and merchandise; and the person so engaged shall not be relieved from the provisions of this section by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such temporary or transient business in connection with or as a part of, or in the name of, any local dealer, trader, merchant or auctioneer. The provisions of this section shall not apply to sales made to persons by commercial travelers, or selling agents in the usual course of business; nor to hawkers or peddlers in the streets, roads or highways, from packs or vehicles, nor to persons selling meat or the products of the farm, garden or dairy; nor to any sales of goods, wares or merchandise on the grounds of any agricultural association during the continuance of any annual fair held by such association; nor to any sales by societies acting for charitable, religious or benevolent purposes; nor to judicial sales directed by law, or under the orders of any court; nor to the sales of the common necessities of life in any public market place.
(Ord. 83-10. Passed 5-19-83.)
(d) “Isolated transactions” means all sales of tangible personal property, such as an individual selling his or her belongings, and sales from residential premises whether designated a garage, lawn, yard, attic, porch, room, or rummage sale. Such transactions are exempt from any license requirement under this article, provided that such sales may not be held more than four (4) times per calendar year, and no such sale shall last longer than forty-eight (48) hours. Beyond said limitation, persons who regularly and routinely sell goods at yard or other sales, at flea markets or along the roadside are engaged in the business of selling tangible property, are not making isolated sales, and are subject to the requirements of this Article. Isolated transactions shall not include any transactions made by any transient merchant, itinerant merchant or itinerant vendor, or a solicitor or canvasser, or a huckster, hawker or peddler, as defined in this article. (Ord. 02-7. Passed 4-4-02.)