§ 19-1. Definitions.

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

Peddler means any person who goes from house to house, from place to place, or from street to street, conveying or transporting goods, wares, or merchandise or offering or exposing the same for sale, or making sale and delivering articles to purchasers. "Peddler" does not include vendors of milk, bakery products, groceries, or ice who distribute their products to regular customers on established routes.

Sale, sell or sold means all forms of barter and all manner or means of furnishing merchandise to persons.

Solicitor means any person who goes from house to house, from place to place, or from street to street, soliciting or taking or attempting to take orders for sale of goods, wares, or merchandise, including magazines, books, periodicals, or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such order or whether or not he is collecting advance payment on such orders. "Solicitor" includes any person who, for himself, or for another person, hires, leases, uses, or occupies any building, motor vehicle, trailer, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop, or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery. "Solicitor" includes any person or organization who solicits in its name, money, donations of money or property, or financial assistance of any kind, or sells or distributes any item of literature or merchandise for which a fee is charged, or solicits from persons other than members of such organizations upon the street, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic or philanthropic purpose.

Transient merchant means any person who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, trailer, tent, railroad boxcar, public room in hotels, lodging houses, apartments, shops, or any boxcar alley or other place within the city, for the exhibition and sale of such goods, wares, and merchandise, either privately or at public auction. "Transient merchant" does not include any person who, while occupying a temporary location, does not sell from stock but, exhibits samples for the purpose of securing orders for future delivery only; provided that the person so engaged is not relieved from complying with the provisions of this chapter merely by reason of associating temporarily with any local dealer, trader, merchant, or auctioneer, or by conducting such transient business in connection with, as a part of, or in the name of any local dealer, trader, merchant, or auctioneer.

Wholesale means any sale for purpose of resale.

(Code 1984, Title 5, § 110)