As used in this chapter:

“Transient merchant” means:

A. Any person, whether a resident of the city or not, traveling by foot, motor vehicle or other type of conveyance from place to place, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden, truck, farm products or provisions, offering and exposing the same for sale or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer the same for sale from a motor vehicle, railroad car or other vehicle or conveyance, or from a fixed location on foot; and further provided that one who solicits orders and as a separate transaction makes delivery to purchasers, as a part of the scheme or design to evade the provisions of this chapter shall be deemed subject to the provisions herein.

B. Any individual, whether a resident of the city or not, traveling either by foot, motor vehicle or any other type of conveyance, from place to place, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether he or she is collecting advance payments on such sales or not.

C. Any person whether owner or otherwise, whether a resident of the city or not, 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, tent, railroad boxcar or boat, public room in a hotel, lodging house, apartment, shop or any street or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction, provided, that such definition shall not be construed to include any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person so engaged shall not be 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 such local dealer, trader, merchant or auctioneer.

D. All the above except any person whose activities or sales are casual or incidental in nature, whether for profit or not. (Ord. 04-004 (part), 2004)