For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. A person as defined herein who has applied for a certificate of convenience and necessity.
CALENDAR QUARTER. Each of the following time periods shall be deemed to be a calendar quarter for purposes of this chapter: January 1 through March 31; April 1 through June 30; July 1 through September 30; and October 1 through December 31.
CERTIFICATE. A certificate of convenience and necessity requested or issued (as the context requires) pursuant to this chapter.
HOLDER. The person who holds a current certificate of convenience and necessity for the use described thereon.
ITINERANT MERCHANT. A person, other than a person who owns or operates an established retail store in the town, or within its extraterritorial zoning jurisdiction area who transports an inventory of goods to a building, vacant lot or other location in the town and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail. Provided, however, the definition of an ITINERANT MERCHANT shall not include a bona fide resident of the town or its extraterritorial zoning jurisdiction area who, in conjunction with any other bona fide resident(s) conducts a sale of used household furnishing, clothing, decorations or similar items in the manner commonly described as a yard sale or garage sale, upon the residential premises of one or more of bona fide
residents, no more than once in any calendar quarter. Provided further, that this definition shall not be construed to prohibit the owner or operator of an established retail store from selling his or her usual inventory on a sidewalk, parking lot or other similar area immediately adjacent to his or her store no more than once in a calendar year.
MOBILE FOOD TRUCK VENDOR. A person or persons who sells food and/or beverages from a mobile food truck or trailer.
MOBILE ICE CREAM VENDOR. A person or persons who sells ice cream products from a mobile van.
PEDDLER. Any person who transports goods from place to place and sells or offers for sale the goods, or who, without traveling from place to place, sells or offers for sale any goods from any vehicle or device; provided that any person who separates the acts of sale and delivery for the purpose of evading the provisions of this chapter shall be deemed a peddler.
PERSON. This term shall include the singular and the plural and shall also mean and include any person, firm corporation, association, club co-partnership or society, or any other organization.
TRANSIENT VENDOR. Any person who engages in a temporary business of selling and delivering goods and who, for this purpose, uses or occupies any building or premises; provided, that no person shall be relieved from complying with the provisions of this chapter merely by conducting a transient business in association with any permanently established merchant.
(Ord. passed 3-18-03; Am. Ord. passed 6-17-03; Am. Ord. 2021-O7, passed 7-26-21)