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   (A)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
Transient merchant, itinerant merchant or transient vendor. Any person, firm, 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 that purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad boxcar, car, boat, public room in a hotel or restaurant, lodging house, apartment, shop, any street or alley, or other place within the city, or goes door to door for the exhibition and sale of the goods, wares and merchandise, whether privately or at public auction; provided that the definition shall not be construed to include:
         (a)   Any person selling edible farm produce, such as fruits and vegetables;
         (b)   Any person selling at a “flea market;”
         (c)   Any person regulated under Chapter 4 of Title 11 of this Code;
         (d)   Any person, firm or corporation who, while occupying the temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only;
         (e)   Any person selling at the farmer’s market sponsored by Pitt County;
         (f)   Any person, firm or corporation who otherwise meets the definitions above but who is part of a group of ten or more merchants selling at a shopping area or trade show, and is selling at the invitation of the shopping area or trade show, and where the sales activities do not last longer than seven days;
         (g)   Any person or organization selling on the campus of East Carolina University if the sale is sponsored or approved by the university;
         (h)   Any person selling Christmas trees and holiday decorations;
         (i)   Licensed automobile dealers selling new automobiles; or
         (j)   Any auctioneer licensed and acting under the provisions of G.S. Chapter 85B.
   (B)   No person, firm, or corporation so engaged shall 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 the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(Ord. No. 1330, § 1, passed 11-10-1983; Ord. No. 1540, § 1, passed 9-12-1985; Ord. No. 2246, § 1, passed 9-13-1990; Ord. No. 94-86, § 5, passed 6-9-1994)