For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER.
(1) Any person traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place, from house to house or from street to street carrying, conveying or transporting goods, wares, merchandise, food products, offering and exposing them 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, automotive vehicle, railroad car or other vehicle or conveyance.
(2) However, one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this subchapter shall be deemed a PEDDLER subject to the provisions of this chapter.
(3) This definition, however, shall not be construed to include commercial travelers or salespersons calling exclusively upon businesses, professional persons, schools or public institutions for the purpose of taking orders or selling books, equipment, supplies or services used professionally thereby, and shall not be construed to include persons selling exclusively products grown by these persons. The word PEDDLER shall include the words HAWKER or HUCKSTER.
SOLICITOR.
(1) Any person traveling from place to place, from house to house or from street to street within the town, or contacting persons by telephone within the town, for the purpose of taking orders for the sale of goods, wares, merchandise, magazines, books or personal property of any nature whatsoever for a future delivery, or for services to be furnished or performed in the future regardless of whether the person has, carries or exposes for sale a sample of the subject of the sale or whether he or she is collecting advance payments on the sales or who solicits monies door-to-door for non-profit or not-for-profit organizations.
(2) This definition, however, shall not include commercial travelers or salespersons calling exclusively upon businesses, professional persons, schools or public institutions for the purpose of taking orders or selling books, equipment, supplies or services used professionally thereby. The word SOLICITOR shall include the word CANVASSER.
TRANSIENT MERCHANT.
(1) Any person, whether as owner, agent, consignee or employee, who engages in a temporary business of selling and delivering goods, wares and merchandise within the town, and who, in furtherance of this purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in hotels, motels, lodging houses, apartments, shops, or any street, alley or other place within the town, for the exhibition and sale of the goods, wares and merchandise, either privately or at public auction.
(2) However, this definition shall not be construed to include any person who, while occupying temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only, and this definition shall not be construed to include any person who is a commercial traveler or salesperson calling exclusively upon businesses, professional persons, schools or public institutions for the purpose of taking orders or selling books, equipment, supplies or services used professionally thereby, and further shall not be construed to include any person selling exclusively products grown by that person.
(3) A person shall be a TRANSIENT MERCHANT even though he or she temporarily associates with a local dealer, trader, merchant or auctioneer, or conducts the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. The term TRANSIENT MERCHANT shall include the terms ITINERANT MERCHANT and ITINERANT VENDOR.
(Ord. 2000-4, passed 4-10-2000)