For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BUSINESS SOLICITATION. 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 of 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; or
(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.
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; or
(2) An attempted solicitation in which the solicitee has first initiated the contact with the solicitor or the organization represented by him or her.
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 the 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.
PEDDLER. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell and delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is carrying or otherwise transporting. The term PEDDLER shall mean the same as the term HAWKER.
PERSON. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, organizations, corporations, partnerships and associations, the term shall include each member, officer, partner, associate, agent or employee.
REGULAR BUSINESS DAY. Any day during which the City Hall is normally open for the purpose of conducting public business. Holidays defined by state law shall not be counted as REGULAR BUSINESS DAYS.
SOLICITEE. The person solicited.
SOLICITOR. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above. The term shall mean the same as the term CANVASSER.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell and delivering, goods, wares, products, merchandise or other personal property and who does not remain or intend to remain in any one location for more than 14 consecutive days.
(Prior Code, § 1103.01)