For the purpose of this chapter, the terms peddler, solicitor, and transient merchant shall not apply to:
(A) Any person engaging in non-commercial door-to-door advocacy.
(B) Any person going from house-to-house, door-to-door, business-to-business, street-to-street, or any other type of place-to-place movement for the primary purpose of exercising that person's state or federal constitutional rights (i.e., freedom of speech, freedom of the press, freedom of religion). This exemption will not apply if the person's exercise of constitutional rights is merely incidental to what would properly be considered a commercial activity.
(C) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise, or other personal property to a retail seller of the items being sold by the wholesaler.
(D) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk.
(E) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route.
(F) Any person making deliveries of newspapers, newsletters, or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route, or when publications are delivered to the community at large.
(G) Any person conducting the type of sale commonly known as garage sales, rummage sales, or estate sales.
(H) Any person participating in an organized multi-person bazaar or flea market.
(I) Any person selling or attempting to sell, or to take or attempt to take orders for, any product grown, produced, cultivated, or raised on any farm.
(J) Any person conducting an auction as a properly licensed auctioneer.
(K) Any officer of the court conducting a court-ordered sale.
Exemption from these definitions shall not, for the scope of this chapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another city ordinance. (Ord. 023-778, 11-20-2023, eff. 1-1-2024)