§ 12-26. Definitions.

Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meaning given to them in this section.

News agent shall refer to any agent or employee of any newspaper published in the county or in any county contiguous thereto who is engaged in the delivery of newspapers or the solicitation of subscriptions thereof.

Peddler means any person, firm or corporation, either a resident or a nonresident of the county, who has no permanent regular place of business and who goes from dwelling to dwelling, business to business, place to place, or from street to street, carrying or transporting goods, wares or merchandise and offering or exposing the same for sale.

Permanent place of business shall mean a physical location, open to the public at regular business hours for the purpose of conducting trade.

Solicitor means any person, firm or corporation who goes from dwelling to dwelling, business to business, place to place, or from street to street, taking or attempting to take orders for any goods, wares or merchandise, or personal property of any nature whatever for future delivery, except that the term shall not include solicitors for charitable and religious purposes and solicitors for subscriptions as those terms are defined below. County businesses that have an established, physical location in the county are exempt from the license fees required by subsection 12-29(b).

Solicitor for charitable or religious purposes means any person, firm, corporation or organization who or which solicits contributions from the public, either on the streets of the county or from door to door, business to business, place to place, or from street to street, for any charitable or religious organization, and who does not sell or offer to sell any single item at a cost to the purchaser in excess of ten dollars. "Solicitor for charitable or religious purposes" shall not include, and no provision of this article shall be deemed to regulate, persons engaging in the sale of subscriptions, goods or merchandise for the purpose of raising money to benefit the county school system where that sale or program of sales has been approved by the county board of education. No organization shall qualify as a "charitable" or "religious" organization unless the organization meets one of the following conditions:

(1)

Has a current exemption certificate from the Internal Revenue Service issued under Section 501(c)(3) of the Internal Revenue Service Code of 1954, as amended;

(2)

Is a member of United Way, or similar "umbrella" organization for charitable or religious organizations;

(3)

Has been in continued existence as a charitable or religious organization in the county for a period of two years prior to the date of its application for registration under this article.

Solicitor for subscriptions means any person who solicits subscriptions from the public, either on the streets of the county, or from door to door, business to business, place to place, or from street to street, and who offers for sale subscriptions to magazines or other materials protected by provisions of the Constitution of the United States.

Street barker means any peddler who does business during recognized festival or parade days in the county and who limits his or her business to selling or offering to sell novelty items and similar goods in the area of the festival or parade.

Transient vendor means any person who brings into temporary premises and exhibits stocks of merchandise to the public for the purpose of selling or offering to sell the merchandise to the public. Transient vendor does not include any person selling goods by sample, brochure, or sales catalog for future delivery; or to sales resulting from the prior invitation to the seller by the owner or occupant of a residence. For purposes of this definition, "temporary premises" means any public or quasi-public place including a hotel, rooming house, storeroom, building or part of a building, tent, vacant lot, railroad car, or motor vehicle which is temporarily occupied for the purpose of exhibiting stocks of merchandise to the public. Premises are not temporary if the same person has conducted business at those premises for more than six consecutive months or has occupied the premises as his or her permanent residence for more than six consecutive months.

(Ord. No. O-97-5-101, § 101, 7-28-97; Ord. No. O-10-6-101, § 1, 7-26-10; Ord. No. O-12-10-101, §§ 1—3, 11-19-12)