3-1-1: DEFINITIONS:
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CHARITABLE PURPOSE: Philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or persons with disabilities; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association; the benefit of any fraternal, social or civic organization; or the benefit of any educational institution. The term "charitable purpose" does not include the direct benefit of the individual making the solicitation or to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law.
COMMERCIAL TRAVELER: A person who is employed by or who represents a manufacturer, wholesaler or importer who sells or exhibits goods to parties who engage in the business of purchasing such goods for the purpose of resale to the general public.
GOODS: Tangible chattels of every kind and character.
HOME SOLICITATION: A consumer transaction for the purchase of goods and/or services or realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence, and the consumer's agreement or offer to purchase is given at the residence to the merchant. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between parties at a business establishment at a fixed location where goods and/or services are offered or exhibited for sale, or a sale of realty in which the purchase is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.
ITINERANT MERCHANT: A person who moves stocks of goods or samples of goods into the city for the purpose of selling or offering for sale or taking orders for the sale of such goods with the intention of removing such samples or the unsold portion of such goods away from the city before the expiration of one month and who has no fixed place of business within the city for which definite arrangements have been made for the use, occupancy, hire, rental or lease of such place for a term of at least one month.
PEDDLER: A person, who has no fixed place of business or residence within the city, who carries goods upon a truck or other vehicle on the streets of the city for the purpose of exhibiting, selling or offering for sale such goods from such truck or other vehicle or who, within the city, goes from door to door of residences, offices or places of business to display, sell, offer for sale, or take orders for the sale of goods and/or services, or to exhibit brochures, sales literature or price lists for the purpose of taking orders for the sale of goods and/or services, or who, within the city, exhibits, sells, offers for sale or takes orders for the sale of goods and/or services from a vacant lot, parking lot, tent, boat, storage bin, stall or unenclosed structure.
PERSON: An individual natural person. The term "person" does not include any corporation, firm, association, partnership or joint venture.
SOLICITATION: Any uninvited request for the donation of money, property or anything of value, or the pledge of a future donation of money, property or anything of value, or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods and/or services, books, pamphlets, tickets, publications or subscriptions to publications. A solicitation is complete when the solicitation is communicated to any individual then located within the corporate limits of the city.
TRANSIENT VENDOR: A person who, within the city, engages in the temporary business of exhibiting, delivering, selling or offering for sale any goods or exhibiting brochures, sales literature or price lists for the purpose of taking orders for the sale of goods and who has no fixed place of business within the city or county that is used, occupied, hired, rented or leased for a period of at least one month for the purpose of operating or conducting such business thereon. (2016 Code)