For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL SOLICITOR OR DOOR-TO-DOOR SALESPERSON. Any person, whether a resident or the city or not, traveling from place to place, from house to house, from building to building, or from street to street, and selling goods or taking or attempting to take orders for sale of goods for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of each sale or whether he/she is collecting advance payments on such sales or not. The principal focus of this definition is a person selling on a door-to-door basis without invitation to the occupant on the premises. This definition shall not include any person who:
(1) Sells or attempts to sell goods or services at a meeting which has been arranged in advance of the solicitation;
(2) Is an itinerant merchant; or
(3) Is a peddler.
DOOR-TO-DOOR. Going from traveling upon the right-of-way of the city, going from structure to structure, or from house to house on private property.
GARAGE SALE. A sale in a residential area of used items, goods and wares legally owned by, or on
consignment to, the person actually residing on the premises upon which such sale is held.
GROUP SALES EVENTS. A temporary event of 3 consecutive days or less at a fixed location consisting of contiguous selling areas, sponsored or arranged by a person and which includes 5 or more transient merchants, commonly known as a flee market, antique show, craft show, or other gathering of merchants at a location for 3 days or less, however such gathering is titled.
ITINERANT MERCHANT. Any person, whether as owner, agent, or employee, whether a resident of the city or not, who is in the business of selling or taking orders for the sale of good within the city for a temporary period of time or less than 30 days in any calendar year and who, in furtherance of such purpose, hires, leases, uses or occupies any fixed location within the city for the exhibition and sale of such goods or services. Any person who is unable to produce written documentation of the right to occupy the fixed location for 30 days or longer to the City Clerk within 5 days of a request by the Clerk shall be presumed to be an ITINERANT MERCHANT. This definition shall not include any person who:
(1) Is a commercial solicitor;
(2) Is a peddler; or
(3) Sells or attempts to sell goods or services at a meeting which has been prearranged of the sale.
PEDDLER. Any person, whether a resident of the city or not, traveling from place to place, from house to house, form building to building, or from street to street, and offering or exposing the goods for sale on the public right-of-way, or making sales and delivering articles to purchasers on the public right-of-way, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, bicycle, automotive vehicle, railroad car, or other vehicle or conveyance on the public right-of-way. This definition shall not include a person who:
(1) Is an itinerant merchant; and
(2) Is a commercial solicitor.
SPONSOR. A person who coordinates, produces or arranges an event at which 5 or more transient merchants sell goods fro a fixed location for a temporary period of time.
TRANSIENT MERCHANT. A commercial solicitor, peddler or itinerant merchant.
(Ord. 1658, passed 3-22-1999; Am. Ord. 2287, passed 7-25-2011; Am. Ord. 2358, passed 7-17-2012)