For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AUCTIONS and AUCTIONEERS. Every person who shall by public outcry offer for sale, either as principal or agent, to the highest bidder on the spot, any article of merchandise or property, shall be deemed an AUCTIONEER, and every such sale shall be deemed an AUCTION; provided, however, that nothing in this section shall apply to judicial sales, nor to sales by executors, administrators or trustees under court order.
BUSINESS.
(1) As a noun, shall mean all manufacturers, professions, trades, occupations and shops of all and every kind carried on for profit.
(2) As a verb, shall mean any lawful activity or enterprise engaged in for gain, benefit, advantage or livelihood.
(3) A BUSINESS shall also be determined by the discrete location(s) which are encompassed by the enterprises accounting records.
CITY PROPERTY. For the purposes of this subchapter and other ordinance(s), property owned and/or controlled by the city as described in this subchapter or other ordinance(s). For example, CITY PROPERTY includes, but is not limited to, highways, roadways, public rights-of-way, sidewalks, alleys, parking lots, parks, open spaces and any other city-owned property. (This does not include private parking lots or private property; either open to the public or controlled access.)
EMPLOYEE/EMPLOYER. Any owner, operator, salesperson, agent or worker whether paid by salary, bonus, commission, piecework or hourly wage and associated with or working for any commercial, professional, fraternal or public establishment within the city, unless excluded through franchise agreement or federal or state laws.
EMPLOYEE/EMPLOYER VOLUNTEER. Any person, who not for compensation, acting or serving willingly and with no constraint or guarantee of reward, performs any function(s) normally done by an employee/employer in any commercial, professional, fraternal or public establishment within the city, unless excluded through franchise agreement or federal or state laws.
FISCAL YEAR. July 1 to June 30.
HAWKER. Any person who, for himself, herself or as agent of another, carries for sale and offers for sale, or exposes for sale, any goods, wares or merchandise, or any article or thing for which a price is asked, in or on the streets, to customers in or on the streets, or who offers or exposes for sale any such commodity from a doorway, recess, alleyway, vacant lot or other place facing on the street, whether making outcry or not.
NON-PROFIT. For the purposes of this subchapter, the person which is:
(1) Organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, or for the prevention of cruelty to children or animals;
(2) For which no part of the net earnings inures to the benefit of a private shareholder or individual; and
(3) By which no substantial part of the person’s activities is for carrying on propaganda or otherwise attempting to influence legislation and which does not participate in or intervene in, including the publishing or distributing of statements, any political campaign on behalf of any candidate for public office and possessing a certificate from the Internal Revenue Service to that effect.
PEDDLE. Any sale, or offering for sale, or exposing for sale of any goods, wares or merchandise, or any article or thing for which a price is asked by a peddler in pursuance of his or her occupation as a peddler, but shall not be construed to include any wholesaler selling directly to a licensed business.
PEDDLER. Any person who, for himself or herself or as agent for another, goes from place to place or from house to house within the city, carrying for sale and offering or exposing for sale at retail any goods, wares or merchandise, or any article or thing for which a price is asked.
PERSON. All corporations, associations, syndicates, partnerships of every kind, joint ventures, societies and individuals, employees, employers, volunteer, solicitor, transient, merchant, whether for profit or non-profit, transacting and carrying on business in the city.
RETAIL. Any sale direct to the ultimate consumer or user for consumption or use and not for resale purposes; provided, however, that the above definition shall not be deemed to include persons engaged in the sale of goods, wares and merchandise to dealers by commercial travelers or sales agents in the usual course of business, nor bona fide sales of goods, wares or merchandise by the same for future delivery in interstate commerce, or to the sale of staple products by the grower thereof or his or her employee.
SOLICITOR. Every person or individual who goes from house to house or from place to place within the city selling, offering to sell or taking orders for any products, wares, merchandise or any article or service whether payment is made prior to receiving purchased goods/services or delivery is made upon payment. The term SOLICITOR shall not include any commercial traveler receiving orders for goods at wholesale from merchants nor shall said term include any person seeking customers for farm fresh products.
TRANSIENT MERCHANT. A person who temporarily occupies a fixed location, sells and delivers from stock on hand and does business in much the same manner as a permanent business.
UMBRELLA REGISTRATION. A single business registration for a number of business or activities on special occasions. Examples include, but are not limited to, the following:
(1) Insurance, real estate or other agency-type where brokers supervise independent agents;
(2) The Chamber of Commerce’s June dairy parade; and
(3) The City Revitalization Association’s events and/or the city’s farmers’ market.
(Ord. 1288, passed 4-7-2014; Ord. 1339, passed 12-4-2018)