For the purpose of this chapter:
PEDDLER: | Any person, whether a resident of the city or not, traveling by foot, motor vehicle or any other type of conveyance, however propelled, drawn, pushed or moved, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, food or farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place shall sell or offer the same for sale from a wagon, vehicle, railroad car, or any other type of conveyance. The word “peddler” shall include the words “hauler” and “hucksters”. |
SOLICITOR OR CANVASSER: | Any person, whether a resident of the city or not, traveling either by foot, motor vehicle or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take, in person, orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether he is collecting advance payments on such sales or not. Such definitions shall include any person who, for himself, or for another person hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. |
TRANSIENT MERCHANT, ITINERANT MERCHANT OR ITINERANT VENDOR: | 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 business of selling and delivering goods, wares and merchandise within the city and who, in furtherance of such purpose, hires, leases, uses or occupies any public or private place, building, motor vehicle, tent, railroad boxcar, public room in a hotel, lodging house, apartment, shop or any street or other place within the city for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. |
A “temporary business” is one which is expected to be in operation for six (6) months or less within the city. This definition shall not include nor be construed to include: | |
A. Public or private auction for the disposal by an established business of its assets or an individual for items of personal and household use. | |
B. Any person, partnership or corporation selling or dealing only with retail merchants within the city, and being exclusively wholesale sellers and dealers. | |
C. Any religious or charitable corporation or organization engaging in any one or more of the above activities for strictly nonprofit purposes. | |
D. Any arts or crafts shows or fairs where the items for sale are exhibited by the person producing the items; and, the exhibitor was invited by the sponsoring party; the names of participants are accumulated by the sponsoring party to be made available to the city council or clerk. | |
E. Any sales pursuant to court order. | |
F. The sale of farm or garden products by the persons producing such products. | |
G. The sale of a newspaper subscription in which the seller is a person engaged in both the delivery and sale of the newspaper. | |
H. Political groups seeking funds or memberships. | |
I. Sales of Christmas trees and wreaths. | |
The person, partnership or corporation so engaged shall not be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer. | |
Any person, partnership or corporation wishing to engage in any one or more of the activities described above, and not specifically excluded from the definition of the itinerant merchant, peddler, or solicitor as set forth above, may petition the city council and upon good cause shown, the city council may exempt the person, partnership or corporation from application of this chapter. | |
Notwithstanding the foregoing, any person or business intending to conduct business continuously for at least one year in the city, or having conducted business in the city continuously for the previous year, and can provide proof by way of a written lease, contract or other proof satisfactory to the city clerk, shall be exempt from the application of this chapter. (Ord. 628, 6-1-2021) | |