§ 113.21  APPLICABILITY.
   (A)   For purposes of this subchapter, itinerant merchants, salesmen, promoters, drummers, peddlers or hawkers engaging in business activities within the city shall mean and include all persons, who engage in or conduct in the city either in one locality or in traveling from place to place, a temporary or transient business of selling or soliciting orders for the sale of goods, wares or merchandise with the intention of continuing in said business in the city for a period not to exceed 180 days; and who rent, lease, use or occupy, either in whole or in part, for the purpose of carrying on such business, any room, building, lot or parcel of land, or motor vehicle including trucks and semi-trailers for the exhibition and sale of such goods, wares and merchandise.
   (B)   This definition and this section shall not apply to:
      (1)   Charitable activities, engaged in by representatives of a tax-exempt organization (i.e., a 501(c)(3) organization);
      (2)   A farmers’ market;
      (3)   Sales of food or agricultural produce where stock or anticipated sales are valued or anticipated at $1,000 or less per day;
      (4)   Sales made to dealers by commercial travelers or selling agents in the usual course of business; or
      (5)   Bona fide sales of goods, wares or merchandise for future delivery in interstate commerce where no measurements or design specifications are made, or prepared in the city, or no payment or deposit is collected in the city for placement of orders, or where no permit may be required or collected under the United States Constitution or laws of the United States.
(2005 Code, § 14-160)  (Ord. 2015-08-05, passed 8-24-2015)