For the purposes of this article, the following definitions shall apply:
(a) Itinerant merchant shall mean every person, firm, partnership, corporation, association, receiver or trustee buying for the purpose of sale in any form or selling or offering to buy for the purpose of sale in any form or to sell in the city, at wholesale or retail, any goods, wares, merchandise or chattels of any description and transporting the same by the use, upon any public highway, of a motor truck or trucks or any other vehicle or vehicles except as otherwise provided in this section. The term does not include those engaged in the business of transporting property by motor vehicle for hire or operating vehicles in such business as agents, employees, lessees or contractors, and who do not act on the cargo transported, or interest therein, and who do not act for any party in the acquiring, purchase, sale or disposition of the cargo transported. In addition, itinerant merchant shall not mean or include, and there shall be exempt from the provisions of this section:
(1) Those using such vehicles for the transportation of grain, fruits, vegetables, hay, livestock or other agricultural products by them;
(2) Those transporting products or property when such transportation is incident to a business conducted by them at an established place of business operated by them at an established place of business operated by them either within or without the city, and when the property is being transported to and from the established place of business, and when the entire course of such transportation extends not more than two hundred fifty (250) miles from the established place of business; provided, that when the entire course of the transportation is for the purpose of delivery of the property subsequent to sale thereof, the two hundred fifty (250) miles restriction shall not apply;
(3) Those using such vehicles for the transportation, sale and delivery at retail of any particular group of products having a common trademark, trade name or brand, as agents, employees, or retail dealers of the manufacturers or wholesale distributors of such products through whom they market the same;
(4) Those having the purpose of hauling products for the use of the owner of such vehicle, or for the use of others where no charge is made for the use of such vehicle, or those using vehicles in the exchange of work;
(5) Those using such vehicles exclusively within the limits of the city and who are bona fide residents hereof;
(6) Those using such vehicles for the transportation of livestock bought or sold at any livestock market; and
(7) The provisions of this section shall not apply to grain.
(b) Peddler shall mean a person, or persons, traveling from place to place selling and delivering at the same time.
(c) Person or persons shall mean any natural person and any firm, proprietorship, partnership or corporation.
(d) Solicitor shall mean a person, or persons, who travel from place to place not carrying his goods with him, but taking orders for future delivery to the general public.
(e) Street vendor shall mean a person, or persons, who travel from street to street upon public or private property, carrying, conveying or transporting such items as food, beverages, flowers and balloons, offering and exposing the same for sale by hand or from a mobile-type device such as a push cart.
(f) Temporary merchant shall mean a person, or persons, who occupies a temporary, fixed location, and sells and delivers goods from stock on hand, and/or provides services, and does business in much the same manner as a permanent business.
Source: Ord. No. 3331, § 1, 7-16-85; Ord. No. 5158, § 1, 4-18-11