For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TRANSIENT MERCHANT.
(1) Any person, firm or corporation whether as owner, agent consignee or employee, or whether a resident within the township, that:
(a) Engages in a temporary business of selling and/or delivering goods, wares or services, or who conducts meetings open to the general public where franchises, distributorships, contracts or business opportunities are offered to participants; or
(b) Sells, offers or exhibits for sale any goods, wares or services, franchises, distributorships, contracts or business opportunities during the course of or any time within six months after a lecture or public meeting on said goods, wares, services, franchises, business opportunities, contracts or distributorships.
(2) The foregoing notwithstanding, however, a TRANSIENT MERCHANT, for the purposes of this section, shall not include the following:
(a) A person, firm or corporation who shall occupy any of the aforesaid places for the purpose of conducting a permanent business therein; providing however, that no person, firm or corporation shall be relieved from the provisions of the chapter by reason of a temporary association with any local dealer, trader, merchant or auctioneer, or by conducting such temporary or transient business in connection with or as a part of or in the name of any local dealer, trader, merchant or auctioneer;
(b) Any sales of merchandise damaged by smoke or fire, or or bankrupt concerns, where such stocks have been acquired from merchants of the township therefore regularly licensed and engaged in business; provided, however, no such stocks of merchandise shall be augmented by new goods;
(c) A person, firm or corporation exhibiting goods for sale concurrent with and as an adjunct to a group display, meeting or convention duly authorized to be held in a publicly owned building and authorized and licensed pursuant to this chapter;
(d) A person who sells his or her own property which was not acquired for resale, barter or exchange and who does not conduct such sales or act as a participant by furnishing goods in such a sale more than twice during any calendar year;
(e) Art exhibits, where participating artists sell their original works and which do not contain any sales of art works purchased elsewhere and held for resale, providing said art exhibits are sponsored by a local, responsible organization. Each organization which seeks an exemption under this division (2)(e) shall submit a petition to the Police Department specifying the sponsoring organization, the location where said show is to be held, the purposes of the show and the names of participating artists. The Police Department shall, upon receipt of the petition, review the petition and grant or deny the exemption. A person aggrieved by the decision may petition the Township Board for its determination; or
(f) Any sales of vegetables, fruits or perishable farm products by farmers selling their own product.
(Ord. 7, passed 8-12-1986)