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CHAPTER 613A TRANSIENT MERCHANT, PEDDLER, CANVASSER AND SOLICITOR <br />Section <br />613.01 <br />Definitions <br />613.02 <br />Exceptions to definitions <br />613.03 <br />Religious and charitable organizations <br />613.04 <br />Licensing; exemptions <br />613.05 <br />License ineligibility <br />613.06 <br />License suspension and revocation <br />613.07 <br />License transferability <br />613.08 <br />Prohibited activities <br />613.09 <br />Penalties <br />§ 613.01 DEFINITIONS. <br />For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a <br />different meaning. <br />PEDDLER. A person who goes from house -to -house, door-to-door, business -to -business, street -to -street or any other <br />type of place -to -place, for the purpose of offering for sale, displaying or exposing for sale, selling or attempting to sell and <br />delivering immediately upon sale, the goods, wares, products, merchandise or other personal property that the person is <br />carrying or otherwise transporting. The term PEDDLER shall mean the same as the term hawker. <br />PERSON. Any natural individual, group, organization, corporation, partnership or association. As applied to groups, <br />organizations, corporations, partnerships and associations, the terms shall include each member, officer, partner, associate, <br />agent or employee. <br />SOLICITOR. A person who goes from house -to -house, door-to-door, business -to -business, street -to -street, or any other <br />type of place -to -place, for the purpose of obtaining or attempting to obtain orders for goods, wares, products, merchandise, <br />other personal property or services of which he or she may be carrying or transporting samples, or that may be described in <br />a catalog or by other means, and for which delivery or performance shall occur at a later time. The absence of samples or <br />catalogs shall not remove a person from the scope of this provision if the actual purpose of the person's activity is to obtain <br />or attempt to obtain orders as discussed above. The term shall mean the same as the term canvasser. <br />TRANSIENT MERCHANT. Any person whose business in the city is temporary or seasonal and consists of selling and <br />delivering merchandise within the city, and who in furtherance of the purpose uses or occupies any structure, vehicle or <br />other place for the exhibition and sale of the merchandise. <br />(Prior Code, § 612.01) (Ord. 01-89, passed 2-13-1989) <br />§ 613.02 EXCEPTIONS TO DEFINITIONS. <br />(1) For the purpose of this chapter, the terms peddler, solicitor and transient merchant shall not apply to the following: <br />(a) Persons doing business by appointment; <br />(b) Persons selling or attempting to sell at wholesale their goods, wares, products or merchandise to retail, wholesale, <br />professional or industrial establishments; <br />(c) Persons conducting the type of sales commonly known as garage sales, rummage sales or estate sales, as well as <br />anyone conducting an auction as a properly licensed auctioneer or any officer of the court conducting a court -ordered sale; <br />(d) No licenses shall be required for vendors as a preliminary step to the establishment of a regular route service for the <br />sale and delivery of commodities or the providing of services to regular customers; and <br />(e) School aged children selling items for fund raisers. <br />(f) Persons selling only farm products they have grown themselves. <br />(2) Exception from the definitions for the scope of this chapter shall not excuse any person from complying with any other <br />applicable statutory provision or local ordinance. <br />(Prior Code, § 612.03) (Ord. 01-89, passed 2-13-1989; Am. Ord. 01-11, passed 1-24-2011) <br />§ 613.03 RELIGIOUS AND CHARITABLE ORGANIZATIONS. <br />(1) Any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations <br />of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise <br />