(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER. Any person, firm or corporation, whether as owner, agent, consignee or employee, whether or not a resident of the city, who engages in the business of carrying any goods, wares or merchandise from place to place and offering to sell or barter, or actually selling or bartering, such goods or merchandise.
TRANSIENT MERCHANT, ITINERANT MERCHANT and ITINERANT VENDOR (all such terms referred to in this chapter as ITINERANT MERCHANT). Any person, firm or corporation, whether as owner, agent, consignee or employee, whether or not a resident of the city, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, tent, trailer, railroad box car, truck or boat, public room in hotels, motels, lodging houses, apartments or shops, or any street, alley or other place within the city for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided that such definition shall not be construed to include:
(a) Any person selling at a “yard sale” at his or her residence and as such term is defined in § 115.01 of this code;
(b) Any person, firm or corporation that otherwise meets the requirements of this definition, but who is part of a group of ten or more merchants selling at a shopping area or trade show, and is selling at the invitation of the shopping area or trade show, and where such sales activities do not last for a period of time longer than seven days; or
(c) A traveling salesperson.
(B) Relief from compliance by association. For the purpose of this chapter, a person, firm or corporation engaged in a transient business shall not be relieved from complying with the provisions of this chapter merely by reason of temporarily associating with any local dealer, trader, merchant or auctioneer or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(C) Applicability. The provisions of this chapter dealing with transient merchants, itinerant merchants, itinerant vendors and peddlers shall not apply to any person, firm or corporation who sells, or offers for sale, books, periodicals, printed music, ice, wood for fuel, fish, beef, mutton, pork, bread, cakes, pies, dairy products, poultry, eggs, vegetables, fruits, livestock or articles produced by the individual vendor offering such articles for sale, but shall apply to medicines, drugs or assembled articles.
(Ord. 2016-08, passed 5-3-2016)