§ 192-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ESTABLISHED PLACE OF BUSINESS

A permanent building, store or depository in which or where the person transacts business and deals in the goods, wares, commodities or services he peddles, vends or solicits in the ordinary and regular course of business.

GARAGE AND LAWN SALES

A household sale conducted by or with permission of a residential homeowner, not to exceed three consecutive selling days, for the purpose of selling used household goods.

LICENSE

Unless otherwise specified, shall be construed to mean a license or special permit as required by this chapter.

MERCHANDISING

The selling, bartering or trading of or offering to sell, barter or trade any goods, wares, commodities or services.

PEDDLER AND SOLICITOR

Includes, unless otherwise herein provided, any person who engages in merchandising any goods, wares, commodities, books, periodicals or services or solicits contributions of goods or moneys by going from house to house or place of business to place of business.

PERSON

Includes any individual, firm, partnership, corporation, unincorporated association and principal or agent thereof.

TEMPORARY OCCUPANCY

A store, room, building, tent, enclosure or structure of any kind intended to be occupied for the period of time necessary to peddle, vend or solicit the merchandise or products therein housed initially without the intent to replenish or restock such goods, wares and merchandise sold therein. In all prosecutions for a violation of this chapter, the intent of the defendant to conduct an established place of business shall be a material fact, and the burden of proving such intent shall be upon the defendant in such prosecution.

VENDOR

Includes, unless otherwise herein provided, a person who engages in merchandising any goods, wares, commodities, books, periodicals or services or solicits contributions of goods or moneys by occupying space on any public street, roadside, private or public parking lot or driveway unless owned by said vendor or operated under lease as adjunct to the vendor's business.

Amended 10-19-1983