(a) The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
(1) Issuing Authority. The Board of Public Works and Safety.
(2) License. The document authorizing the holder to conduct specific commercial vending activities issued under this Article.
(3) Licensee. The holder of a license.
(4) Mobile Food Truck Vendor. Any person who sells food from a self-contained food service operation, located in a readily movable, motorized, wheeled or towed vehicle used to store, prepare, display or serve food intended for individual portion service.
(5) Peddler. Any person who travels upon the right-of-way of the City going from house to house, structure to structure, or from street to street, making personal contact, or attempting to make personal contact, with a resident at his/her residence on private property without prior specific invitation or appointment from the resident, conveying or transporting food, goods, wares or merchandise, for the purpose of offering, exposing, or displaying the same for sale to the resident, or making sales and delivering food, goods, wares, articles and merchandise to purchasers.
(6) Revocation. Shall mean the termination by formal action of the issuing authority of a license, which termination shall not be subject to renewal or restoration except that an application for a new license may be presented and acted upon after the expiration of at least two (2) years after the date of revocation.
(7) Solicitor. Any person who travels upon the right-of-way of the City going from house to house, structure to structure, or from street to street, making personal contact, or attempting to make personal contact, with a resident at his/her residence on private property without prior specific invitation or appointment from the resident, for the primary purpose of taking sales orders for food, goods, wares, merchandise, or any article, for future delivery, or for services to be performed in the future, or for the making, manufacture or repair of any article or thing whatsoever, for future delivery.
(8) Street Vendor. Any person who exhibits and offers food, goods, wares, or merchandise for sale, or offers to purchase food, goods, wares, or merchandise, from any stationary stand or vehicle located on any street or sidewalk, or open to any street or sidewalk, and whose primary business location is a vehicle, stand, or temporary structure not regulated elsewhere by City Code, that is open to street or sidewalk access.
(9) Suspension. The temporary withdrawal by formal action of the issuing authority not to exceed the term of the original grant of the license, unless otherwise specifically provided for elsewhere in this code or other ordinances.
(10) Transient Merchant. Any person who is in the business of selling or taking orders for the sale of food, goods, wares, merchandise, or services within the City for a temporary period of less than thirty (30) days in any calendar year and who, in furtherance of such purposes, hires, leases, uses or occupies any fixed location within the City for exhibition and sale of such food, goods, wares, merchandise or services. Any person who is unable to produce written documentation of the right to occupy the fixed location for thirty (30) days or longer to the City within five (5) days of a request shall be presumed to be a transient merchant.
(b) The requirements of this Article shall not apply to the following persons:
(1) Any person selling fruits, vegetables or farm products grown by himself/herself or other homemade products with or without the help of others at an established farm market within the City at a stationary location on public or private property. A 'farm market" means a collection of three (3) or more persons selling a variety of agricultural products and other homemade products.
(2) Any resident of Greenwood seventeen (17) years old or less.
(3) Any business or merchant making delivery of goods previously ordered by any person or personal customer and whose activity in major part is driving a regular route to the location of existing customers who have arranged for return visits with respect to established customers only.
(4) Any person selling refreshments from refreshment stands at fixed locations not on the City's right-of-way at seasonal recreational sites.
(5) To persons selling goods to other merchants at trade shows or conventions where attendance is generally restricted to those merchants in a particular trade or discipline.
(6) A resident of the City who is conducting a garage or rummage sale in accordance with City regulations.
(7) Any person selling or soliciting as part of a City approved Special Event or festival.
(8) Any employee of a video service franchise company that holds a certificate granting the company direct marketing authority from the State of Indiana pursuant to Ind. Code § 8-1-34 et. al.
(9) To the selling of personal property at wholesale to dealers in such articles. (Ord. No. 17-19, § 1, 5-1-17)