§ 117.01  DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CARNIVAL. A temporary entertainment establishment located on private or public property which includes, but is not limited to, side shows, games, regulated amusement devises, rides and refreshments.
   EXHIBITION. Any public show or trade show organized to demonstrate and/or sell goods, wares or merchandise, which is open to the public.
   FESTIVAL.  An event held for more than one day with a special title and conducted in one location or more, promoted to attract patrons from the city and surrounding communities, which is planned, named and executed under the total auspices of a not-for- profit organization.
   FLEA MARKET. A market indoors, or out-of-doors, in operation 120 calendar days or fewer, where new or used items are sold from individual locations, with each location being operated independently from the other locations. Items sold include, but are not limited to, household items, antiques, rare items, decorations, used books and used magazines.
   PERSON.  Any individual, firm, corporation or partnership.
   TRANSIENT MERCHANT. All persons, both as principals and agents, who engage in, do, or transact, any temporary or transient business in this city, for a period of 120 calendar days or less, either in one locality or in traveling from place to place in this city, offering for sale or selling goods, wards or merchandise, except for the sale of alcoholic beverages during the time of a festival, and except for the operation of a carnival or carnival rides during the time of a festival, and including those who, for the purpose of carrying on such business, hire, lease or occupy any permanent or mobile building, structure, real estate, or any other place, for the exhibition by means of samples, catalogues, photographs, and price lists or sale of such goods, wares or merchandise, but does not include:
      (1)   A resident of the city in which the sale takes place who conducts a sale of tangible personal property for no more than six calendar days;
      (2)   An organization that is exempt from the Indiana Gross Retail Tax under IC 6-2.5-5-26 and/or is a not- for-profit organization, and presents upon demand, written proof of such exemption and/or status as a not-for- profit organization;
      (3)   A person who provides proof that the sale is being conducted as part of an activity sponsored by an organization described in division (2) of this definition.
   TRANSIENT MERCHANT/ALCOHOL PERMIT. A permit issued to a transient merchant selling alcoholic beverages during the time of festival, according to a rate schedule established under § 117.06(B) of this chapter.
   TRANSIENT MERCHANT/CARNIVAL PERMIT. A permit issued to a transient merchant operating a carnival or carnival rides during the time of a festival, according to a rate schedule established under § 117.06(B) of this chapter.
   TRANSIENT  MERCHANT  OPERATING A CARNIVAL OR CARNIVAL RIDES DURING THE TIME OF A FESTIVAL. All persons, both as principals and agents, who engage in the operation of a carnival or carnival rides, who do so in private or public property during any of the same days that a festival is occurring in the city.
   TRANSIENT MERCHANT SELLING ALCOHOLIC BEVERAGES DURING THE TIME OF A FESTIVAL. All persons, both as principals and agents, who engage in the sale of alcoholic beverages to the general public, as licensed to do so by the Indiana Alcoholic Beverage Commission through a caterer's permit or temporary beer or temporary wine permit, who do so in a temporary structure, tent or mobile building during any of the same days that a festival is occurring in the city.
(Ord. G-4-15, passed 4-14-15)