For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CANVASSER or SOLICITOR. Any person, whether resident of the city or not, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not the individual has, carries or exposes for sale a sample of the subject of the sale or whether he or she is collecting advance payments on the sales or not, provided that the definition shall not include any person who, for himself or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, apartment, shop or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery.
GARAGE SALE. A sale of used items, goods and wares legally owned at the time the goods, items and wares are offered for sale by the persons actually residing on the premises upon which the sale is held.
GOODS, WARES AND MERCHANDISE. Any and all items of tangible personal property, except perishable, agricultural commodities.
PEDDLER. Any person, whether a resident of the city or not, traveling by foot, wagon, automotive vehicle or any other type of conveyance, from place to place, from house to house or from street to street, carrying, conveying or transporting goods, wares and merchandise, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car or other vehicle or conveyance. One who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed a peddler subject to the provisions of this chapter. The word PEDDLER shall include the words HAWKER and HUCKSTER.
TRANSIENT MERCHANT, ITINERANT MERCHANT OR ITINERANT VENDOR. Any person, firm, or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of the purpose hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other place within the city, for the exhibition and sale of the goods, wares and merchandise, either privately or at public auction, provided that this definition shall not be construed to include any person, firm or corporation who, while occupying the temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery. No person, firm or corporation shall be relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by reason of conducting the transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.
(1992 Code, § 113.01) (Ord. 31477, passed 3-14-1977)