For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ITINERANT VENDOR." Any person, whether principal or agent, who engages in a temporary or transient business, either in one locality or traveling from place to place, selling goods, wares, and merchandise, and who, for the purpose of carrying on such business, hires, leases, or occupies any building or structure for the exhibition and sale of such goods, wares, and merchandise.
"MANAGING ITINERANT VENDOR." Any person who conducts, manages or organizes a show of itinerant vendors for purposes of exhibition and sale at any location which is open to the general public and at which goods, wares or merchandise are on display and offered for sale by any vendors.
"TEMPORARY OR TRANSIENT BUSINESS." Any exhibition and sale of goods, wares, or merchandise which is carried on in any tent, booth, building, or other structure, unless such place is open for business during usual business hours for a period of at least nine months in each year.
(Ord. 231, adopted 5-7-84; Am. Ord. 578, passed 7-6-09)
(A) The provisions of this chapter shall not apply to:
(1) Sales made to dealers by commercial travelers or selling agents in the usual course of business;
(2) Bona fide sales of goods, wares, and merchandise by sample for future delivery;
(3) Hawkers on the streets or peddlers from vehicles;
(4) Any sale of goods, wares, or merchandise on the grounds of any incorporated agricultural society during the continuance of any annual fair held by such society;
(5) Any general sale, fair, auction or bazaar held or sponsored by an ecclesiastical society, church corporation, governmental entity or any corporation which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code or any subsequent corresponding section of the Internal Revenue Code of the United States as from time to time may be amended;
(6) Tag sales or garage sales on premises devoted to residential use and where permitted by local law.
(B) No itinerant vendor shall be relieved or exempted from the provisions and requirements of this chapter by reason of associating himself/herself temporarily with any local dealer, auctioneer, trader or merchant, or by conducting any temporary or transient business in connection with or in the name of any local dealer, auctioneer, trader or merchant.
(Ord. 231, adopted 5-7-84; Am. Ord. 248, adopted 9-4-85; Am. Ord. 578, passed 7-6-09)
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