For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PEDDLER. Any person traveling by foot, wagon, automotive vehicle, or any other type of conveyance from place to place, from house to house, or from street to street carrying, conveying, or transporting goods, wares, merchandise, food products, offering and exposing them for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance.
However, 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 chapter shall be deemed a peddler subject to the provisions of this chapter. This definition, however, shall not be construed to include commercial travelers or salespersons calling exclusively upon businesses, professional persons, schools, or public institutions for the purpose of taking orders or selling books, equipment, supplies, or services used professionally thereby, and shall not be construed to include persons selling exclusively products grown by these persons. The word
PEDDLER shall include the words hawker and huckster.
SOLICITOR. Any person traveling from place to place, from house to house, or from street to street within the city, or contacting persons by telephone within the city, for the purpose of taking orders for the sale of goods, wares, merchandise, magazines, books, or personal property of any nature whatsoever for a future delivery, or for services to be furnished or performed in the future, regardless of whether the person has, carries, or exposes for sale a sample of the subject of the sale or whether he or she is collecting advance payments on the sales or who solicits monies door-to-door for non-profit or not- for-profit organizations. This definition, however, shall not include commercial travelers or salesmen calling exclusively upon businesses, professional persons, schools, or public institutions for the purpose of taking orders or selling books, equipment, supplies, or services used professionally thereby. The word SOLICITOR shall include the word canvasser.
TENT SALES. The temporary outside display or sale of goods or merchandise not in or from an enclosed permanent building, subject to the provisions of the zoning code. TENT SALES may not be conducted for a period of more than three days at any approved location in any calendar year. Once a merchant has conducted the permitted TENT SALE, that merchant or his or her agents may not conduct another TENT SALE within the current calendar year from any location within the jurisdictional areas of the city.
TRANSIENT MERCHANT. Any person, whether as owner, agent, consignee, or employee,
who engages in a temporary business of selling and delivering goods, wares, and merchandise within the city, and who, in furtherance of this purpose, hires, leases, uses, or occupies any building, structure, motor vehicle, tent, railroad boxcar, boat, public room in hotels, motels, lodging houses, apartments, shops, or any street, alley, or other place within the city, for the exhibition and sale of the goods, wares, and merchandise, either privately or at public auction. However, this definition shall not be construed to include any person who, while occupying temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only, and this definition shall not be construed to include any person who is a commercial traveler or salesperson calling exclusively upon businesses, professional persons, schools, or public institutions for the purposes of taking orders or selling books, equipment, supplies, or services used professionally thereby, and further shall not be construed to include any person selling exclusively products grown by that person. A person shall be a transient merchant even though he or she temporarily associates with a local dealer, trader, merchant, or auctioneer, or conducts the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer. The term
TRANSIENT MERCHANT shall include the terms itinerant merchant and itinerant vendor.
(`81 Code, § 115.01) (Ord. 2035, passed 10-7-91; Am. Ord. 01-2409, passed 10-1-01; Am. Ord. 04-2496, passed 4-19-04)