For the purpose of this chapter 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 a transient merchant, peddler, or solicitor as defined in this section.
“EXEMPT PERSON.” An exempt person shall include the following:
(1) An individual while and to the extent he or she is engaged in a protected political speech or activity.
(2) An individual while and to the extent he or she is engaged in protected religious speech or activity.
(3) An individual engaged in the solicitation of funds and/or the sale of cookies, candies, paper products, or similar sundries for and on behalf of a not-for-profit or nonprofit organization or association that is exempt from the Indiana Gross Retail Tax.
(4) An individual, who, due to pre-exemption or applicable federal or state law is exempt from local licensing requirements.
(5) An individual that has been invited by the lawful owner or occupant of a residence or business to solicit his or her particular goods or services.
(6) Any person that has been granted direct marketing authority by the Indiana Utility Regulatory Commission pursuant to the provisions of IC 8-1-34-30.
(7) Any person engaged in sales, or offers to sell, during any event that is pre-approved for such sales by the Town Council.
"GOODS." Merchandise of any description whatsoever, and includes, but is not restricted to, wares and foodstuffs.
"PEDDLER."
(1) Any person who travels from place to place by any means carrying goods for sale, or making sales, or making deliveries; or
(2) Any person who, without traveling from place to place, sells or offers goods for sale from any public place within the town.
A person who is a peddler is not a transient merchant.
"SOLICITOR." Any person who travels by any means from place to place, taking or attempting to take orders for sale of goods to be delivered in the future or for services to be performed in the future.
A person who is a solicitor is not a peddler.
"TRANSIENT MERCHANT." Any person, whether as owner, agent, or consignee, who engages in a temporary business of selling goods within the town and who, in the furtherance of such business, uses any building, structure, vehicle, or any place within the town.
(Am. Ord. 2015-02, passed 2-12-15)