For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANVASSER. A person who goes door-to-door for the purpose of disseminating religious, political, social or other ideological beliefs, and including any person who canvasses or distributes pamphlets or other written information intended for non-commercial purposes. Requests for donations to directly support the non-commercial purpose of disseminating religious, political, social or other ideological beliefs and which are incidental to such advocacy shall be considered non-commercial solicitation. This includes any person who canvasses or distributes pamphlets or other written information intended for non-commercial purposes.
PEDDLER. One who sells or offers for sale tangible commodities directly to a consumer from house to house, store to store, or on the streets. PEDDLERS shall include persons selling and peddling the goods from a stall, stand, pushcart, receptacle, motor vehicle or other vehicle, or offering them from such in any public or private sale; persons going on foot as “pack peddlers” and persons commonly known as transient merchants.
SOLICITOR. Any person who goes from house to house, from place to place or from street to street or by telephone, soliciting or taking orders for sale of goods, wares or merchandise, including magazines, books, periodicals or personal property for future delivery, or for service to be performed in the future. Such definition includes any person who, for himself or herself or another, leases, uses or occupies any building, vehicle, trailer, tent, railroad car, hotel room or other place in the town for the primary purpose of exhibiting samples and taking orders for future delivery.
TRANSIENT MERCHANT. Any person, firm or corporation, both as principal and agent, who engages in, does or transacts any temporary or transient business in the town, offering for sale or selling goods, wares or merchandise, and one who, for the purpose of carrying on such business, hires, leases or occupies any permanent or mobile building, structure or real estate for the exhibition by means of samples, catalogues, photographs and price lists or sale of such goods, wares or merchandise but does not include:
(1) Any person, individual, copartner or corporation which grows the goods, wares or merchandise that is sold or is offered for sale;
(2) A person who makes crafts or items by hand and sells them or offers them for sale;
(3) An auctioneer who is licensed under I.C. 25-6.1;
(4) A resident of the county in which the sale takes place who conducts a sale of tangible personal property for no more than four days per calendar year;
(5) An organization that is exempt from the state gross retail tax under I.C. 6-2.5-5-26;
(6) A person who:
(a) Sells merchandise;
(b) Offers to sell merchandise; and
(c) Provides proof that the sale is being conducted as part of an activity sponsored by an organization described in division (5) above;
(7) A person who:
(a) Organizes;
(b) Sells merchandise;
(c) Offers to sell merchandise; or
(d) Exhibits at a trade show, public show or convention.
(8) Any merchant, even those with permanent locations within the town, that operates a temporary sales facility in a parking lot, vacant lot, tent, building or other facility or location that is not the property of the person or entity conducting the temporary sale.
(Ord. 07-02, passed 5-7-2007; Ord. 2015-08, passed 7-13-2015)