§ 74-26. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Director means the director of the health department.

Goods means any personal property of any nature whatsoever, including but not limited to tickets for admission to athletic, sporting or entertainment events or shows, wares, services, photographs or magazines.

Itinerant merchant means any person, as well as his agents and employees, who (i) solicits, sells or offers for sale any goods, merchandise, or service, or (ii) exhibits goods or merchandise for sale or for the purpose of taking orders for the sale thereof, by:

(1)

The display, exhibit, sale or offer for sale of such goods or merchandise upon or from a truck or other vehicle on the city streets, or

(2)

Going from house to house or from place to place in the city, or

(3)

Remaining on any one property for a period less than one hour.

Open air vendor is a person as well as his agents and employees who (i) solicits, sells or offers for sale any goods, merchandise, or service to the public, or (ii) exhibits goods or merchandise for sale or for the purpose of taking orders from the public for the sale thereof, and who:

(1)

Does not solicit, sell or offer for sale goods, merchandise, or service or exhibit goods or merchandise for sale or for the purpose of taking orders for the sale thereof:

a.

From within a facility for which a certificate of occupancy has been issued by the chief building official of the city, or

b.

On the same property where the person solicits, sells or offers for sale the same or similar goods, merchandise, or service from within a facility for which a certificate of occupancy has been issued by the chief building official of the city; and

(2)

Remains on any one property for a period of one hour or more soliciting, selling or offering, or exhibiting for order or sale goods, merchandise or service.

(Ord. No. 9829, § 3, 7-8-04)