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As used in this act:
(a) "Transient merchant" means any person, firm, association, or corporation engaging temporarily in a retail sale of goods, wares, or merchandise, in any place in this City and who, for the purpose of conducting business, occupies any lot, building, room, or structure of any kind. The term shall not apply to any of the following:
(1) A person selling goods, wares, or merchandise of any description raised, produced or manufactured by the individual offering the same for sale.
(2) A person soliciting orders by sample, brochure or sales catalog for future delivery or making sales at residential premises pursuant to an invitation issued by the owner or legal occupant of the premises.
(3) A person handling vegetables, fruits, or perishable farm products at any established city market.
(4) A person operating a store or refreshment stand at a resort or having a booth on or adjacent to the property owned or occupied by him or her. This includes the sale of hot dogs, hamburgers, snow cones, peanuts, chips and/or other non-alcoholic beverages or other similar products as determined by the City Manager or his or her designee, from a temporary/portable stand. The sale of such products must comply with all requirements of the Livingston County Health Department.
(5) A person operating a stand on any fairgrounds or City park property.
(6) A person selling at an art fair or festival or similar event at the invitation of the event's sponsor if all of the following conditions are met:
A. The sponsor is a governmental entity or nonprofit organization.
B. The person provides the sponsor with the person's sales tax license number.
C. The sponsor provides a list of the event's vendors and their sales tax license numbers to the City Clerk, the county treasurer and the state treasurer.
(b) "Person" includes any individual, corporation, partnership, limited liability company, or two or more persons having a joint or common interest.
(Ord. 749. Passed 10-20-03; Ord. 797. Passed 3-26-07.)