§ 47-16. Definitions.

Words used in this article shall have the following meanings ascribed to them:

(a)

A "peddler" is any individual who engages in the itinerant or transient sale or bartering of any goods, merchandise or services directly to the consuming public, whether or not the goods, merchandise or services are actually delivered at the time of sales. A peddler engages in such activities as selling from door-to-door, hawking of items at public events, and selling or canvassing by means of carrying goods or samples around from place to place in order to encounter consumers who will purchase or order the goods.

(b)

"Peddling" includes all activities ordinarily performed by a peddler but does not include the following:

(1)

Any sales efforts by telephone or mail, where there is no face-to-face encounter with the purchaser at the time of sale, delivery or provision of goods, merchandise or services;

(2)

Any sales by itinerant salespersons selling goods or merchandise or providing services exclusively to commercial, industrial or business accounts;

(3)

Newspaper sales;

(4)

The sale of food by food peddlers or operators of mobile food units and pushcarts as these activities are defined, regulated and licensed under Article III of Chapter 23;

(5)

Sales from pushcarts and similar vending devices located in public rights-of-way, to the extent that these activities are regulated and licensed under Article XIV of Chapter 49;

(6)

Sales from a stationary but temporary source, such as a roadside stand, located totally upon private property, to the extent that these activities are regulated under the zoning requirements contained in Chapter 59; or

(7)

Sales in city parks, to the extent that these activities are regulated under section 39-11 or under Article II of Chapter 39.

(Ord. No. 6-94, § 1, 1-3-94; Ord. No. 112-08, § 2, 3-3-08)