Sec. 36-126.21. Retail merchants--Definitions.
(a) Retailer or retail merchant: any person or merchant who sells goods, wares and merchandise for use or consumption by the purchaser or for any purpose other than resale by the purchaser, but does not include sales at wholesale to institutional, commercial and industrial users. When a merchant conducts both a wholesale and a retail business, such merchant shall obtain a retail license on the retail portion of the business and a wholesale license on the wholesale portion of the business.
The sale price alone is not determinative of whether a sale is at retail or wholesale. The fact that goods, wares or merchandise are sold at wholesale prices, at cost or at less than cost does not prevent the seller from being classified as a retail merchant if the sales fall within the definition of a retail sale.
(b) Huckster: any person who, as principal, agent or employee, resides within a radius of sixty (60) miles of the city and purchases within said radius from the producer of farm products grown or produced within said radius, and who, on any public street or public place of the city, or by going from house to house on foot, or upon any animal or vehicle, sells, barters, offers for sale or barter, or carries or exposes for sale or barter such farm products to the consumer.
(c) Peddler: any person, who shall carry from place to place any goods, wares and merchandise and offer to sell or barter the same, or actually sell or barter the same. All persons who do not keep a regular place of business, whether it be a house or vacant lot or elsewhere, open at all times and during regular business hours and at the same place, who shall offer for sale goods, wares and merchandise shall be deemed peddlers under this article. All persons who keep a regular place of business, open at all times and during regular business hours and at the same place, who shall, elsewhere than at such regular place of business, personally or through their agents offer for sale or sell and, at the time of such offering for sale, deliver goods, wares and merchandise shall also be deemed peddlers as above. This definition shall also include any person who sells or offers for sale prepared food at retail from a vehicle on private property of an active business enterprise with the prior written consent of such business.
(d) Direct seller: any person who engages in the trade of business of selling or soliciting the sale of consumer products and maintains no public location for the conduct of such business; and who performs such activities pursuant to a written contract between such person and the person for whom the activities are performed and such contract provides that such person will not be treated as an employee with respect to such activities for federal tax purposes. (Ord. No. O- 96-319, 12-10- 96, eff. 1-1-97)
Last updated date: 10/23/2006 4:15:21 PM