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For the purposes of this chapter, the following words shall have the meanings indicated, unless the context clearly requires otherwise:
BUILDING: A structure completely enclosed by walls and covered by a roof which is permanently affixed to a foundation and permanently attached to water and sewer utility services.
BUSINESS OR OCCUPATION: All activities, occupations, callings, trades, pursuits or professions located or engaged in within the city with the object of gain, profit, benefit or advantage. Each business location shall be deemed to be a separate business, unless it is a specific annex to the main location of the business.
CANVASSER OR SOLICITOR: Any individual, whether resident of the city or not, either traveling by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for the sale of goods, wares and merchandise, personal property or personal services of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not.
EMPLOYEE: Any person employed at any business location within the city and any person furnishing or performing services within the city. It shall include all persons who are self-employed and shall include part time employees.
ENGAGING IN BUSINESS: Commencing, conducting or continuing any business or occupation, the exercise of corporate and franchise powers and the liquidating of a business where the liquidators hold themselves out to the public as conducting such business. Any person shall be deemed to be engaging in doing business when s/he does one act of the following:
A. Selling any goods or performing any services;
B. Soliciting business or offering or holding out goods or services for sale or hire;
C. Acquiring or using any vehicle or any premises in the city for business purposes;
D. Delivery of any goods for the purpose of retail unless permitted under another section of this code.
HOME OCCUPATION 1 : Any occupation by one member of the family without employees and located in one or two (2) rooms of a home or its accessory buildings and without storage of materials or stock of finished products for sale on the premises. A home occupation shall not detract from or change the integrity or character of the residential zone. There shall not be any outside indication such as signage or other indication that a home occupation exists at a residence.
MOBILE VENDING CART: A movable pushcart that is operated by a vendor standing on the sidewalk.
MOBILE VENDING TRAILER: A mobile trailer operated by a vendor standing on or within the frame of the trailer on the public rights of way between the curbs.
MOBILE VENDING VEHICLE: Motorized vehicle operated by a vendor standing on or within the frame of the vehicle on the public rights of way between the curb lines.
PEDDLER: Any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance from place to place offering for sale any goods, wares, merchandise, farm products or provisions. A person who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word peddler shall include the definition of hawker and huckster. Nothing contained herein shall prevent the sale of agricultural products grown in Idaho, without such permit.
PERSON: Any person doing business in the city.
PREMISES: All lands, structures, places and equipment and appurtenances connected or used therewith in any business, and also any personal property, including any vehicle, which is either affixed to or is otherwise used in connection with any such business conducted on said premises.
SIDEWALK: That portion of the public right of way which is between the curb lines or the lateral lines of a roadway and the adjacent property line intended for the use of pedestrians in public places of the city of Orofino.
SIDEWALK VENDING: The peddling, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a mobile vending cart by a vendor to persons on the public right of way including sidewalks.
SPECIAL EVENT: The temporary use, with a valid permit, of public property, including streets, parks, sidewalks or any other city right of way, for the purpose of conducting certain short term events such as fairs, circuses, sporting events, music concerts, sidewalk sales, amusement attractions, swap meets, fundraising events, or any event for which a special event permit has been issued by the city.
STREET VENDING: The peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value from a vending trailer or vehicle situated on the public rights of way between curb lines by a vendor to persons on the sidewalk.
TEMPORARY: Five (5) days or less.
TEMPORARY MERCHANT: Any person, whether owner or otherwise, whether a resident of the city or not, who engages in a temporary business selling and delivering goods, wares, merchandise and services within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure or motor vehicle within the city for the exhibition and sale of food, beverages, goods, merchandise or services. A temporary merchant is classified as a nonmobile vendor and must operate entirely from a private business or private property unless they are associated with a special event.
VENDOR: Any person, including an employee or agent of a group of individuals, partnership, or corporation, who sells or offers to take orders or sell food, beverages, goods, or merchandise from a mobile vending cart, mobile vending vehicle, or mobile vending trailer, or any other type of conveyance or from his or her person. The word vendor shall include the words "hauler", "huckster", "peddler" and solicitor".
YARD SALE (No Permits Or License Required): Yard sale shall include garage sale, carport sale, estate sale, rummage sale, or any similar casual sale of personal property. All items sold, traded, bartered or exchanged at a yard sale shall be of personal property items.
YEAR: The calendar year. (Ord. 784, 5-12-2015)
1. See also section 11-2-1 of this code for definition in zoning regulations.