The following words and phrases shall, for purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:
FIXED PLACE OF BUSINESS. A fixed business place, location, building, room, stand or enclosure separate and distinct from any other business, in which goods, wares, merchandise, fruit or vegetables are kept, displayed or offered for sale to the public, regularly kept open with an agent in exclusive attendance for at least six hours per day, for at least five days per week.
ITINERANT VENDOR. Any person who sets up a temporary stand or place or uses a portable cart or motor vehicle as defined in the California Vehicle Code for the purpose of selling any goods, wares, merchandise, fruits or vegetables, or one who solicits orders for the sale of such goods, wares, merchandise, fruits or vegetables to be delivered at some future time or date. Itinerant vendor does not include a merchant having a fixed place of business within the city, or his or her employee, who sells or solicits orders for the sale of goods, wares, merchandise, services, fruits or vegetables, after a prior approval, either oral or written, from the vendee. Itinerant vendor does not include a merchant who sets up a temporary stand or place as part of an approved farmers market. Itinerant vendors who set up on private property must secure written permission from the property owner or person having control of said property and said written permission must be in the possession of the vendor. Further, ITINERANT VENDOR includes the terms SIDEWALK VENDOR, ROAMING VENDOR, and STATIONARY SIDEWALK VENDOR as defined within Government Code section 51036. Lastly, ITINERANT VENDOR includes the terms MOBILE FOOD FACILITY as defined within California Retail Food Code (Cal Code), Section 113831(a),which states any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. MOBILE FOOD FACILITY does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.
PEDDLER. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, carrying or transporting goods, wares, merchandise, or personal property of any nature and offering the same for sale. This definition also includes any person who solicits orders and as a separate transaction makes deliveries to purchasers as part of the scheme to evade the provisions of this chapter.
PERSON. Any person, firm, corporation, association, club, society, or other organization.
SOLICITOR. Any person who goes upon the premises of any private residence in the city, not having been requested or invited by the occupant thereof, for the purpose of taking or soliciting orders for the sale of goods, wares, merchandise, or personal property of any nature for future delivery, or for services to be performed in the future.
Wherever the terms SELLING or SALES are used herein, BUYING and PURCHASING shall be deemed included.
(Ord. 656, passed 8-20-2024)