A. For purposes of this chapter a "transient merchant" or "itinerant vendor" is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary retail business providing a service or selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose:
1. Hires, leases, uses or occupies any building, structure, motor vehicle, tractor trailer, mobile home, tent, any room in any motel, hotel or lodging house, any apartment or shop or any road, street, alley or other place within the city for the solicitation of orders for such service or for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction; or
2. Acts as a hawker, peddler, house-to-house solicitor, canvasser or salesman for the solicitation of orders for such service or for the sale of such goods, merchandise or wares; who while occupying such temporary location or acting as such hawker, peddler, or house-to-house solicitor, does not sell directly or from stock, but who offers such service or goods, wares or merchandise for sale and secures orders for future delivery or performance. This definition shall not include any person, firm or corporation selling goods, wares and merchandise at wholesale to dealers and merchants within the city.
A person, firm or corporation so engaged as a transient merchant or itinerant vendor shall not be relieved from complying with the provisions of this chapter merely by reason of association temporarily with any local dealer, merchant or auctioneer, or by conducting such transient or itinerant business in connection with, as a part of, or in the name of any local dealer, merchant or auctioneer.
B. For purposes of this chapter a "food vendor" is defined as any person, firm or corporation, whether as owner, as agent, consignee or employee, whether a resident of the city, or not, who engages in the business of selling food, beverage or other items for human consumption, and who in furtherance of such business uses any wagon, motor vehicle or push cart on any public street or sidewalk in the city.
C. For purposes of this chapter, a "public gathering" is defined as any event described below occurring on property owned or controlled by the city or its agencies, and not sponsored by the city:
1. Carnival;
2. Circus;
3. Street fair;
4. Any like or similar fair, whether enclosed or open, wherein acrobats, clowns or similar acts or attractions perform;
5. Demonstrations;
6. Fairs, whether enclosed or open, wherein rides, games and refreshments are operated as a commercial enterprise;
7. Conventions;
8. Sporting events;
9. Exhibitions;
10. Musical or theatrical performances; and
11. Other like activities where the public is expected to gather.
D. For purposes of this chapter, "clairvoyant" or "fortune teller" means a person who is in the business of foretelling events in the lives of others, communicating with spirits, or the like, whether through palmistry, use of cards, crystal balls or any other means.
E. For purposes of this chapter, "billiard hall," "pool room" or "amusement game machine parlor" shall mean a business establishment where the game of billiards, the game of pool or amusement game machines, mechanical, electrical or otherwise, are available for play at a cost to the participant. (Prior code § 20-2)