(A) 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. For purpose of this subchapter, the term DOOR-TO-DOOR ADVOCATE shall fall under the term solicitor and include door-to-door canvassing and pamphleteering intended for non-commercial purposes.
PEDDLER. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place movement, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell, and delivering immediately upon sale, the goods, wares, products, merchandise, other personal property or services that the person is carrying or otherwise transporting. For purpose of this subchapter, the term PEDDLER shall have the same common meaning as the term HAWKER.
PERSON. Any natural individual, group, organization, corporation, partnership or similar association.
PROFESSIONAL FUNDRAISER. Any person, including a corporation or other entity, who, for compensation, performs any solicitations or other services for a religious, political, social or other charitable organization.
REGULAR BUSINESS DAY. Any day during which the city administration building is normally open for the purpose of conducting public business. Holidays, defined by state law, shall not be considered REGULAR BUSINESS DAYS.
SOLICITOR. A person who goes from house-to-house, door-to-door, business-to-business, street-to-street or any other type of place-to-place movement, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, other personal property or services of which he or she may be carrying or transporting samples, or that may be described in a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or catalogs shall 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. For purposes of this subchapter, the term SOLICITOR shall have the same meaning as the term CANVASSER.
TRANSIENT MERCHANT. A person who temporarily sets up business out of a vehicle, trailer, boxcar, tent, other portable shelter or empty store front for the purpose of exposing or displaying for sale, selling or attempting to sell, and delivering goods, wares, products, merchandise or other personal property.
(1992 Code, § 488:00)
(B) For the purpose of this subchapter, the terms peddler, solicitor and transient merchant shall not apply to:
(1) Nothing within this subchapter shall be interpreted to prohibit or restrict non-commercial door-to-door advocates. Person engaging in non-commercial door-to-door advocacy shall not be required to register as a solicitor under § 118.075 of this chapter;
(2) Any person selling or attempting to sell at wholesale any goods, wares, products, merchandise or other personal property to a retail seller of the items being sold by the wholesaler;
(3) Any person who makes initial contacts with other people for the purpose of establishing or trying to establish a regular customer delivery route for the delivery of perishable food and dairy products, such as baked goods or milk;
(4) Any person making deliveries of perishable food and dairy products to the customers on his or her established delivery route;
(5) Any person making deliveries of newspapers, newsletters or other similar publications on an established customer delivery route, when attempting to establish a regular delivery route or when publications are delivered to the community at large;
(6) Any person conducting the type of sale commonly known as garage sales, rummage sales or estate sales;
(7) Any person participating in an organized multi-person bazaar or flea market;
(8) Any person conducting an auction as a properly licensed auctioneer; and
(9) Any officer of the court conducting a court-ordered sale.
(C) 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 this or any other city ordinance.
(1992 Code, § 488:05)
(Ord. 1463, passed 1-4-2011)