(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT MERCHANT. Any person who engages in, does or transacts any temporary or transient business in the city and who, for the purpose of carrying on such business, occupies any location for a period of less than 125 days unless such person is one or more of the following:
(a) An individual who is a permanent resident of the city who is conducting such business activity as owner or consignee of the goods, wares or merchandise being sold or offered for sale;
(b) A principal or an agent of a person, firm or corporation whose principal has been continuously engaged in business within the city for the preceding two calendar months;
(c) An agent of a business properly licensed or exempt from licensing under this chapter;
(d) A member of a tax exempt charitable, fraternal, civic or religious organization selling or offering to sell goods, wares or merchandise on behalf of the organization for tax exempt purposes of the organization as defined by the Internal Revenue Code, which provides proof of authority to act on behalf of the tax exempt organization;
(e) A person selling used furniture, household goods, sporting equipment or clothing of his or her family during a period not to exceed 48 hours;
(f) A guardian, conservator or personal representative selling personal assets of the decedent or ward;
(g) Those exempt from requiring a vendor’s permit are school age children selling various fundraising items including, but not limited to, scouting organizations and school-sponsored sporting or music events;
(h) A person holding a vendor’s permit or license which is part of another licensed street carnival or event during a special event issued by the organizers of such carnival or event, shall not be required to hold a permit issued by the city under this section; or
(i) A person who is a part of a craft fair, bazaar or carnival shall not be required to hold a permit issued by the city under this section.
VENDOR. A city resident who operates in an itinerant fashion, such as moving from place to place.
(B) The city’s or event organizer’s permit shall in the case of a vendor be posted upon the stand at all times when the stand is open for business. The activities conducted by the vendor must conform to the description in the application for the permit. No sign shall be on or about a vendor’s stand making any statement that is untrue or is at variance from the application; for one example: A sign shall not state local produce if either in fact or according to the application the produce was not grown on land in the county. If a statement made in the application for a vendor’s license is false, or if a statement made by a sign at a vendor’s stand is false, the permit shall be void.
(Prior Code, § 3-2-2) (Ord. 83-470, passed 11-7-1983; Ord. 18-830, passed 6-20-2018)