§ 111.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CANVASSER or SOLICITOR. Any person, whether a resident of the city or not, who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, which includes magazines, books, periodicals or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he or she is collecting advance payments on such orders. Such definition shall include any person who, for himself or herself, or for another person, firm or corporation, hires, leases uses or occupies any building, motor vehicle, trailer, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery from persons other than dealers in such articles.
   FLEA MARKET. An assembly of transient merchants convened under the sponsorship of a person or organization to offer a variety of goods or services for sale to the public in an indoor or outdoor bazaar.
      (1)   Any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, trailer, railroad car or other vehicle of conveyance, and it is further provided that one who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a PEDDLER, subject to the provisions of this chapter.
      (2)   The word PEDDLER shall include the words HAWKER and HUCKSTER.
      (3)   It shall not include vendors of milk, bakery products, groceries or ice who distribute their products to regular customers on established routes at wholesale for the purpose of resale.
   PERSON. Includes the singular and the plural and shall also mean and include any person, firm, corporation, association, club, co-partnership, society or any other organization.
   TRANSIENT MERCHANT. Any person, firm or 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 said city, and who, in furtherance of such purposes, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad box car, boat or public room in hotels, lodging houses, apartments or shops, or any street, alley or other place within the city for the exhibition and sale of such goods, wares and merchandise, either privately or at a public auction; provided that, such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only from dealers in such articles. The persons or firm or corporation so engaged shall not 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 such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(Ord. 95-04, passed 9-5-1995)