The provisions of this chapter shall not apply to, nor shall the terms peddler, solicitor, or itinerant merchant be construed to include, the following:
(A) Persons, including farmers or farmers' cooperative associations, selling, offering for sale or soliciting orders for the following items grown or produced by them and not purchased by them for sale: newspapers, firewood, Christmas trees, vegetables, or fruits; provided, that a dairy who uses on the streets of the city 1 or more delivery trucks or vehicles, may sell and deliver from its trucks, or vehicles, milk, butter, cream and eggs, dairy products, and frozen food products on customer subscribed routes.
(B) Persons soliciting on behalf of a candidate for public office or on behalf of a political party.
(C) Salesman or agents for wholesale houses or firms who solicit orders from, or sell to, retail dealers in the city for resale or other commercial purposes or to manufacturers for manufacturing or other commercial purposes.
(D) Sales to wholesale or retail merchants, by sample, for future delivery made by representatives of established wholesalers or manufacturers.
(E) A manufacturer taxable on intangible property by the state who peddles the goods, wares or merchandise manufactured by him at the plant, the intangible property of which is taxed by the state and who peddles no other goods, wares or merchandise.
(F) Yard sales conducted on residentially zoned property.
(G) The distribution of goods for which there is no charge.
(H) Persons giving, selling or offering for sale goods, wares or merchandise, or soliciting orders for sale of same who qualify as bona fide nonprofit organizations under Section 501(c) of the Internal Revenue Code or which are organized and operated exclusively for nonprofit, religious, charitable, educational or civic purposes or where persons selling or offering for sale goods, wares or merchandise, or soliciting orders for sale of the same do so in an event held exclusively for nonprofit, religious, charitable, educational or civic purposes.
(I) Businesses based in Vermillion that are not conducting door-to-door sales.
(J) Farmers' market. An open air market which conforms to all applicable city, county, state and federal health and safety provisions, including South Dakota Department of Agriculture and Department of Revenue regulations and policies. The market is intended to provide an opportunity for individuals to sell items that are locally grown or produced by them for human consumption, garden produce, farm produce, and arts and crafts. Arts and crafts are those items which are hand-made by the creator or creator's family.
(Ord. 1185, passed 5-19-2008; Am. Ord. 1229, passed 4-19-2010)