As used in this chapter, the following terms shall have the
meanings indicated:
HAWKER AND PEDDLER
Includes, except as hereinafter expressly provided, any person,
either principal or agent, who from any public street or public place
or by going from house to house or place of business to place of business,
on foot or on or from any vehicle, sells or barters, offers for sale
or barters, or carries or exposes for sale or barter any goods, wares
or merchandise, books, magazines, periodicals or any other item or
items of value, except milk, newspapers and food distributed on regular
customer routes.
ITINERANT MERCHANT
Any person who transports tangible personal property for
retail sale within this state who does not maintain in this state
an established office, distribution house, sales house, warehouse,
service center or residence from which such business is conducted.
However, this chapter does not apply to any person who delivers tangible
personal property within this state who is fulfilling an order for
such property which was solicited or placed by mail or other means.
This chapter does not apply to any person holding a valid license,
issued by a county or municipality, to engage in retail sales.
SOLICITOR
Includes any person who goes from place to place or house
to house or stands in any street or public place taking or offering
to take orders for goods, wares or merchandise, books, magazines,
periodicals or any other item or items of value (except newspapers
or milk) or for services to be performed in the future or for making,
manufacturing or repairing any article or thing whatsoever for future
delivery. The term "solicitor" shall, however, also mean and include
any person taking or offering to take orders for goods, wares or merchandise,
books, magazines, periodicals or any other item or items of value
(except newspapers or milk) or for services to be performed in the
future or for making, manufacturing or repairing any article or thing
whatsoever for future delivery at the home or residence of any person
who has been solicited prior thereto by telephone or has responded
to any type of advertising media requiring an appointment or consultation
or sales presentation in the home or place of residence of such person.
Individuals representing local not-for-profit
organizations shall be exempt from the requirements of this chapter.
Any individual, person, corporation, partnership
or other entity violating any provisions of this chapter will be subject
to a fine of $75 for the first violation. The fine for a second violation
shall be the sum of $250. The fine for the third and each subsequent
violation of this chapter shall be the sum of $500 per violation.