5-202.   Definitions.
For the purposes of this Ordinance a seasonal merchant, seasonal retailer, peddler, transient merchant, itinerant merchant, seasonal vendor, or itinerant vendor is defined as 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, and/or seasonal, and/or occasional business of selling or delivering goods, wares, or merchandise at retail within said City and who, in furtherance therefore, or for such purpose hires, leases, uses, or occupies any building, structure, motor vehicle, tent, shed, public room in a hotel, motel lodging house, apartment, or shop, or uses any street, alley, or other place within the City, for the exhibition and sale of such goods, wares, merchandise, produce, or craft item, or any same or similar item as identified herein, either privately, or to the public.
Such definitions shall not be construed to include any person, firm, or corporation who, while occupying such a temporary location, does not sell from stock, but exhibits samples only for the purposes of securing orders for future delivery only. Provided, however, that one 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 Ordinance shall be deemed to be subject to the provisions of this Ordinance.
The person, firm, or corporation so engaged in business as defined in this chapter shall not be relieved from complying with the provisions of this Ordinance merely by reason of associating with any local dealer, trader, merchant, retailer, auctioneer, or business; or by conducting such business as governed by this chapter in connection with, as a part of, or in the name of any local dealer, trader, merchant, retailer, auctioneer, or business. (Ord. #1209, 6/1/17)