§ 94-36. 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:

Goods, wares or merchandise means all variety of merchandise items, whether handmade or manufactured, or services, whether personal or professional, categorized as, but not limited to, souvenirs, gifts, prizes, art or school supplies, cloth, clothing or wearing apparel, novelties, small appliances, works of art or crafts, directional information and/or charts, street photographers, tools or mechanical devices of any nature, drinks, food and other edible items.

Itinerant vendor or peddler includes the terms "peddler," "solicitor," "canvasser," "foot peddler" and "hawker" and means any person, whether a resident of the city or not, engaged in the giving away, the selling or offering for sale of goods, wares or merchandise, or soliciting patronage for any person, business, or service by word of mouth, or gesture, or by distributing handbills or other printed materials, or by use of electrical or mechanical devices, to entice or to persuade anyone to buy, sell or accept goods, wares, or merchandise upon the public streets, highways or rights-of-way within the corporate limits of the city, where such itinerant vendor or peddler engages in such activities from a temporary or transient location.

Open air market or farmer's market means public property open to the resort of the general public as purchasers, as well as for persons who offer wares for sale, and where stalls, stands or spaces are allotted on payment of fixed rents or fees.

Person means an individual, corporation, association, partnership or other entity.

Public designated square means an open space set aside for public passage, use, recreation or ornamentation in the nature of a park.

Transient business means any business conducted for the sale of merchandise or services that is carried on in any building, structure, motor vehicle, railroad car or real property for a period of less than six months in each year.

Transient vendor means any person who transacts transient business in this state either in one locality or by traveling from place to place in this state. The term includes a vendor who for the purposes of carrying on such business; hires, leases, uses or occupies any building, structure, motor vehicle, railroad car or real property.

(Code 1971, § 23-21)

Cross reference

Definitions generally, § 1-2.