For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS. The BUSINESS carried on by any person who is an itinerant merchant, peddler or solicitor.
CHARITABLE. Includes the words patriotic, philanthropic, social service, health, welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.
CONTRIBUTIONS. Includes the words alms, money, pledges, property, or any donations under the guise of a loan or money or property.
GOODS. Merchandise of any kind, including but not limited to, goods, wares or tangible personal property.
ITINERANT VENDOR. Any person, whether as owner, agent, or consignee, who transports tangible goods, wares, merchandise or personal property for retail sale, other than a peddler, as defined herein, and who does not maintain an established office, distribution house, warehouse, service center or residence from which such business is conducted.
PEDDLER. Any person who goes upon any premises in the city, not having been 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 subchapter. A PEDDLER is not an itinerant merchant.
PEDDLING. Includes all activities ordinarily performed by a peddler as indicated under the definition of “peddler” in this section.
RESIDENCE. A domicile, and includes every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure.
SOLICITING. Includes any one or more of the following activities:
(1) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs or services of any kind, character or description, for any kind of consideration;
(2) Seeking to obtain prospective customers for application or purchase of insurance of any kind; or
(3) Seeking to obtain subscriptions to books, magazines, periodicals, and every other kind of publication.
SOLICITOR.
(1) Any person who goes upon any premises in the city, not having been invited by the occupant thereof, for the purpose of taking or attempting to take orders for the sale of goods, merchandise, wares, or other personal property of any nature for future delivery, or for services to be performed in the future.
(2) Political, religious, charitable, and other noncommercial speech are exempt from the licensing requirements of this subchapter.
(3) Sales of newspapers, books, magazines, periodicals and every other kind of printed publications and material, and subscriptions related to same, are exempt from the licensing requirements of this subchapter, but are subject to other reasonable provisions in this subchapter, including, but not limited to, regulation under §§ 118.127 and 118.130.
(4) Persons under the age of 17 years engaged in solicitation for charitable or fund-raising purposes are exempt from the licensing requirements of this subchapter, but are subject to other reasonable provisions in this subchapter, including, but not limited to, regulation under §§ 118.127 and 118.130.
TRANSIENT MERCHANT. Any person, whether as owner, agent or consignee, who is engaged temporarily in the retail sale of tangible goods, wares, merchandise or personal property, and in pursuance of such sales occupies any building, room, vehicle, structure, or unoccupied or unimproved lot for the purpose of conducting such sale.
(2000 Code, § 5.30.010) (Am. Ord. 2009-09-0259O, passed 9-22-2009)