§ 9-4-1. Definitions.

(a)

For the purpose of this chapter, a "transient merchant," "itinerant merchant" or "itinerant vendor" is defined as 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 hires, leases, uses or occupies any building, structure, motor vehicle, tent, railroad box car, or 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 such goods, wares and merchandise, either privately or at public auction.

(b)

The person, firm or corporation engaged in business as defined in subsection (a) shall not be relieved from complying with this chapter by associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer.

(c)

Transient merchant, itinerant merchant or itinerant vendor shall not include the following classifications of individuals:

(1)

Any person, firm or corporation, who solicits orders for future delivery of goods to merchants for the merchant's resale. The orders solicited from merchants shall be orders for future delivery only.

(2)

Individuals who sell agricultural produce produced by that individual.

(3)

Individuals who solicit for charitable or religious purposes or individuals soliciting contributions from the public, either on the city streets or door to door for any charitable or religious organization (if the individual does not sell or offer to sell any single item at a cost to the purchaser in excess of $10). To qualify as a charitable or religious organization, the solicitor must possess a current exemption certificate from the Internal Revenue Service pursuant to Section 501(c)(13) Internal Revenue Code 1954, as amended, or maintain continuous existence in Washington County as a charitable, religious or non-profit organization for a period of three (3) years prior to the date of solicitation.

(4)

Any person who solicits subscriptions by going from place to place in the city to offer for sale subscriptions to magazines or other materials protected by provisions of the First Amendment to the Constitution of the united States of America.

(5)

Individuals who are engaged in the practice of "yard sales:" the sale by an individual of surplus personal items or handcrafted items.

(Ord. of 12/5/83, Secs. 2, 3)