Chapter 5.04 BUSINESS LICENSES GENERALLY
Section 5.04.020 Definitions.
5.04.020 Definitions.
A. For purposes of this chapter a "transient
merchant" or "itinerant vendor" is defined as any
person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of
the city or not, who engages in a temporary retail business providing a service or selling and
delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose:
1. Hires, leases, uses or occupies any
building, structure, motor vehicle, tractor trailer, mobile
home, tent, any room in any motel, hotel or lodging house, any apartment or shop or any road,
street, alley or other place within the city for the solicitation of orders for such service or for
the
exhibition and sale of such goods, wares and merchandise, either privately or at public auction; or
2. Acts as a hawker, peddler, house-to-house
solicitor, canvasser or salesman for the
solicitation of orders for such service or for the sale of such goods, merchandise or wares;
who while occupying such temporary location or acting as such hawker, peddler, or house-to-house
solicitor, does not sell directly or from stock, but who offers such service or goods, wares or
merchandise for sale and secures orders for future delivery or performance. This definition shall
not include any person, firm or corporation selling goods, wares and merchandise at wholesale to
dealers and merchants within the city.
A person, firm or corporation so engaged as a transient merchant
or itinerant vendor shall not be
relieved from complying with the provisions of this chapter merely by reason of association
temporarily with any local dealer, merchant or auctioneer, or by conducting such transient or
itinerant business in connection with, as a part of, or in the name of any local dealer, merchant or
auctioneer.
B. For purposes of this chapter a "food
vendor" is defined as any person, firm or corporation,
whether as owner, as agent, consignee or employee, whether a resident of the city, or not, who
engages in the business of selling food, beverage or other items for human consumption, and who
in furtherance of such business uses any wagon, motor vehicle or push cart on any public street or
sidewalk in the city.
C. For purposes of this chapter, a "public
gathering" is defined as any event described below
occurring on property owned or controlled by the city or its agencies, and not sponsored by the
city:
1. Carnival;
2. Circus;
3. Street fair;
4. Any like or similar fair, whether
enclosed or open, wherein acrobats, clowns or similar acts
or attractions perform;
5. Demonstrations;
6. Fairs, whether enclosed or open, wherein
rides, games and refreshments are operated as a
commercial enterprise;
7. Conventions;
8. Sporting events;
9. Exhibitions;
10. Musical or theatrical performances;
and
11. Other like activities where the public
is expected to gather.
D. For purposes of this chapter, "clairvoyant"
or "fortune teller" means a person who is in the
business of foretelling events in the lives of others, communicating with spirits, or the like, whether
through palmistry, use of cards, crystal balls or any other means.
E. For purposes of this chapter, "billiard
hall," "pool room" or "amusement game machine
parlor" shall mean a business establishment where the game of billiards, the game of pool or
amusement game machines, mechanical, electrical or otherwise, are available for play at a cost to
the participant. (Prior code § 20-2)