(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NON-COMMERCIAL DOOR TO DOOR ADVOCATE. A person who goes door to door for the primary purpose of disseminating religious, political, social or other ideological beliefs.
PEDDLER. 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, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale, or making sales and delivering articles immediately upon purchase to purchasers. It does not include vendors of milk, bakery products, groceries or ice who distribute their products to regular customers on established routes.
PERSON or PERSONS. Any natural individual, group, organization, corporation, partnership or similar association.
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, including 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 the order or whether or not the person is collecting advance payments on the order. The definition includes any person who, for themselves or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or other place within the city for the purpose of exhibiting samples or taking orders for future delivery. The absence of catalogs or samples does not remove a person from the scope of this provision if the actual purpose of the person’s activity is to obtain or attempt to obtain orders as discussed above.
TRANSIENT MERCHANT. Includes 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 or merchandise within the city, and who, in furtherance of such purposes, hires, leases, uses or occupies any building, parking lot, structure, motor vehicle, trailer, tent, railroad boxcar, boat, public room in hotels, lodging houses, apartments, for the exhibition and sale of the goods, wares and merchandise, either privately or at public auction; provided that, the definition does not include any person, firm or corporation who, while occupying the temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The person, firm or corporation so engaged is relieved from complying with the provisions of this subchapter 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.
(B) Exceptions to definitions.
(1) For purposes of this subchapter, the terms PEDDLER, SOLICITOR and TRANSIENT MERCHANT shall not apply to:
(a) Non-commercial door-to-door advocates. Nothing within this chapter shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. Any person engaging in non-commercial door-to-door advocacy shall not be required to obtain a permit or register as a solicitor under § 113.003 of this chapter;
(b) Any person conducting the type of sale commonly known as garage sales, rummage sales or estate sales;
(c) Any person participating in an organized multi-person bazaar or flea market;
(d) Any person conducting an auction as a properly licensed auctioneer; and/or
(e) Any officer of the court conducting a court-ordered sale.
(2) Exemption from these definitions shall not, for the scope of this subchapter, excuse any person from complying with any other applicable statutory provision or requirement provided by another city ordinance.
(Prior Code, § 504.01) (Ord. 834, passed 10-10-2009; Ord. 951, passed 09-24-2018)