§ 113.02  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   COMMODITY.  Any goods, wares, merchandise, produce, tickets, subscriptions, memberships, insurance policies, securities, service contracts, other intangibles or any real property or interests therein.
   RESIDENT INDEPENDENT SALES AGENT.  A person who has been a continuous resident of the town for a minimum of 90 days and who:
      (1)   Does not maintain a store, business office or other regular place of business; but,
      (2)   Markets within the town:
         (a)   Commodities which are produced or manufactured by himself or herself or members of his or her immediate family; or
         (b)   Commodities produced and manufactured by others and sold locally by that person under franchise, license or distributorship; and
      (3)   The person has substantial control over and responsibility for the delivery and character of the commodity being sold by him or her, including the power to refund the purchase price and/or replace or remedy defects in any commodities if they are not properly delivered or are unsatisfactory to the customer.
   TRANSIENT SOLICITOR.  Any person who:
      (1)   Is not a resident of the town; or
      (2)   Is not acting as a direct employee or agent of a person described by divisions (A) or (B) of the definition of TRANSIENT VENDOR and who distributes within the town merchandise samples, handbills, or other advertising matter designed or clearly intended to promote the sale, lease or other transaction in any commodity even through that commodity may not be immediately and directly offered by the solicitor.  However, the term does not include publishers, distributors or deliverers of newspapers, magazines and like publications although incidentally including advertising or other promotion of commodities, nor persons distributing advertising, promotional materials or samples of commodities through the mail.
   TRANSIENT VENDOR.  Any person who:
      (1)   Does not maintain a fixed and established store, business office or similar place of business within the town;
      (2)   Is not a resident independent sales agent; or
      (3)   Is not acting as a direct employee of a person described under divisions (A) or (B) above;
and directly offers for sale, lease or otherwise transacts for valuable consideration in any commodity either for immediate or future delivery.  TRANSIENT VENDOR does not include persons offering commodities purely through mail or media advertising, mail order catalogs or telephone solicitations originating outside the town.
('85 Code, § 3-2-2)  (Ord. 1985-C14, passed 9-16-85)