For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MOBILE FOOD UNIT. Any type of annually licensed food or beverage establishment that is readily movable, which either operates up to three consecutive days at one location or returns to a home base of operation at the end of each day, as defined by Iowa Code Ch. 137F. A mobile food unit VENDOR is a person engaged in the business of selling food or beverages from a mobile food unit.
PEDDLER. Any person carrying goods or merchandise, or offering services, who sells or offers for sale for immediate delivery such goods, services or merchandise from house-to-house, business-to-business, office-to-office or upon the public street.
PUSHCART. A non-self-propelled vehicle food establishment limited to serving non-potentially hazardous foods or commissary-wrapped foods maintained at proper temperatures or precooked foods that require limited assembly, such as frankfurters, as defined by Iowa Code Ch. 137F.
SOLICITOR. Any person who solicits or attempts to solicit from house-to-house, business-to-business, office-to-office, by telephone from a location within the city limits, or upon the public street an order for goods, services, subscriptions or merchandise to be delivered at a future date.
TRANSIENT MERCHANT. Except as provided below, any person, firm or corporation who engages in a temporary or itinerant merchandising business in person or by telephone and, in the course of such a business, hires, leases or occupies any permanent building or permanent structure or part thereof, including a motel or hotel room, within the city limits, for any period of less than 60 days. Temporary association with a local merchant, dealer, trader or auctioneer, or conduct of such transient business in connection with, as part of or in the name of any local merchant, dealer, trader or auctioneer, shall not exempt any person, firm or corporation from being considered a TRANSIENT MERCHANT. The following persons are not TRANSIENT MERCHANTS: all persons, firms or corporations who engage in such temporary or itinerant merchandising businesses:
(1) Outside any permanent building or permanent structure on private or government property with the property owner’s written consent;
(2) Within the common area of any commercial mall with the written consent of the manager of such commercial mall; or
(3) Within any permanent building or permanent structure owned, leased or controlled by any civic, service, charitable, benevolent or religious organization with the written consent of said organization.
(2011 Code, § 40.0102) (Ord. 2334, passed 5-21-2018; Ord. 2407, passed 1-3-2022)