For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person, firm or corporation which makes application for issuance of itinerant vendor’s licenses with the Chief of Police of the city.
CENTRAL REGISTRY. The listing and/or registry maintained by the city of any person who requests that his or her name and address be listed for purpose of prevention of itinerant merchants coming upon the address shown in the listing or registry.
CHIEF OF POLICE. The Chief of Police of the city as appointed by the City Council.
CITY. The City of Lindsay, Texas.
GOODS. All the wares, merchandise, food products and services but shall not include food products that are grown, produced and harvested by the person selling the same.
IDENTIFICATION BADGE. The name identification furnished or approved by the city.
ITINERANT MERCHANT. Any person, firm or corporation who sells or offers to sell or conducts sales of goods by any of the methods described in the definitions for “peddler” and “solicitor” at the location within the limits of the city and within a building consisting of four walls and a roof or any other structure, tent, from a vehicle or upon an open tract of land for a period of less than 60 days.
ITINERANT VENDOR. Includes all peddlers, solicitors or itinerant merchants, applicants and their agents, servants, employees and representatives as any of those terms are defined herein.
LICENSES. The license or permit issued by the Chief of Police of the city.
MOBILE FROZEN DAIRY FOOD VENDORS. Any person who operates a vehicle on the streets of the city for the purposes of soliciting sales of frozen dairy food either made, produced at the time of the sale or wrapped in paper or foil covering.
NON-PROFIT ORGANIZATION. Any organization that is exempt under the provision of the United States Internal Revenue Code § 501c(3).
PEDDLER.
(1) Any person, whether a resident of the city or not:
(a) Traveling by foot, wagon, automobile vehicle or any other type of conveyance from place to place, from house to house or from street to street, and carrying, conveying or transporting any goods, wares and/or merchandise, including food products that are not grown, produced or harvested by the person offering and exposing the same for sale or making sales and delivering articles to purchasers; or
(b) One who, without traveling from place to place, shall sell or offer for sale from a wagon, automobile vehicle, rail car or other vehicle or conveyance carrying, conveying or transporting any goods, wares and/or merchandise, including food products that are not grown, produced or harvested by the person offering and exposing the same for sale or making sales and delivering articles to purchasers.
(2) One who solicits orders as a separate transaction, makes deliveries to persons as part of a scheme or design to evade the provisions of this definition shall be deemed a PEDDLER, subject to provisions of this chapter.
(3) The word PEDDLER shall include the term hawker, huckster and mobile frozen dairy food vendors.
REPRESENTATIVES. Includes all peddlers, solicitors or itinerant merchants, applicants and their agents, servants, employees and contractors.
SALES ACTIVITY. The activities of any itinerant vendor in the sale or solicitation of orders or contributions to any charitable entity and any sales activities described in this chapter or other definition in this section.
SOLICITOR.
(1) Any individual, whether or a resident of the city or not, traveling either by foot, wagon, automobile vehicle, motor truck or other type of conveyance from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and/or merchandise, including food products that are not grown, produced or harvested by the person, personal property of any nature whatsoever for future delivery, or for services of any nature whatsoever for future delivery, or for services to be furnished immediately or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject as such sale or not.
(2) The term SOLICITOR shall include any person who, for himself, herself or another person, hires, leases, uses or occupies any building, structure, tent, railroad car, boat, hotel room, lodging house, apartment, shop or other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
(3) Such terms shall include itinerant photographers and all persons who solicit donations to or sales activity for any non-profit charitable entity.
(Ord. 04-97, passed 4-7-1997)