For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXEMPT ACTIVITIES. The following specifically described activities have been determined by the Council, on the basis of past practice and experience, tradition and custom to not constitute a threat or concern in regard to public safety, the prevention of crime or fraud upon the citizens of the community, or to constitute a nuisance and are therefore hereby exempted from the provisions of this chapter:
(1) Newspaper carriers;
(2) Persons engaged in the business of delivering food, dairy products or other materials, or products customarily used in the home at the request of and pursuant to an agreement with the occupant of the premises where deliveries are made;
(3) Persons offering for sale produce or products which they have produced or manufactured shall not be considered as transient merchants, but may, depending on their proposed activities, be determined to be peddlers or solicitors;
(4) Activities conducted within the confines of the county fairgrounds, in a shopping center or other commercial establishment for a period of less than ten days. Mobile food and beverage vendors which operate only within the confines of the county fairgrounds are exempt from the provisions of Chapter 113;
(5) Garage sales of personal property of the occupant of the premises of less than seven days’ duration;
(6) Auction sales of real estate or personal property at the location of the property offered for sale;
(7) Sales of products by city based charitable organizations. Such organizations shall be those whose board of directors or other officers with final decision making authority are residents of the county, and which organization has been determined to be a tax exempt organization by the internal revenue service; and
(8) Activities conducted by insurance agents currently licensed by the state. Such agents shall provide a copy of their current state license to the City Clerk.
PEDDLER. Any person carrying goods or merchandise who sells or offers for sale or immediate delivery such goods or merchandise from house to house or place to place within the city or upon the public streets, on other public property or in public parks.
SOLICITOR. Any person who solicits or attempts to solicit from house to house or place to place or upon public streets, on other public property or in public parks orders for goods, subscriptions or merchandise to be delivered at a future date.
TRANSIENT MERCHANT.
(1) Any person who brings or causes to be brought into the city any goods, wares or merchandise of any kind, nature or description, with the intention of temporarily or intermittently selling or offering to sell such goods, wares or merchandise. Temporary association with a local merchant, dealer, trader or auctioneer, for conducting such transient business and any connection with, as part of, or in the name of any local merchant, does not exempt any such person from or corporation from being considered a
TRANSIENT MERCHANT.
(2) A merchant engaging in business shall be presumed to be temporarily in business unless it is the intention of such merchant to remain continuously in business at each location within the city for a period of more than 60 days.
(3) Any person who has not been a resident of the city for a period of 60 days or who has not continuously been engaged in business in the city for a period of 60 days and who offers to perform services from house to house or place to place within the city shall be considered a
TRANSIENT MERCHANT for purposes of this chapter. Operators of mobile food and beverage vendors (food trucks) as defined in § 113.01 are specifically included within this definition of TRANSIENT MERCHANT and are also subject to the regulations Chapter 113.
(Prior Code, § 3-1-1) (Ord. 263, passed 9-20-1982; Ord. 390, passed 7-16-1990; Ord. 502, passed 9-8-1998; Ord. 669, passed 7-21-2008; Ord. 882, passed 3-7-2022)