The following words and phrases, when used in this division, shall have the meanings ascribed to them by this section, except where the context indicates otherwise:
To examine or discuss in detail, to make the subject of a discussion or debate, or to go through places or among people asking, requesting or engaging for votes/opinions concerning religious, political, or other topics of public concern, but in no event shall the term “canvass” be construed to mean solicitation of funds or soliciting merchandise as provided in this division.
Philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans’ association or organization; the benefit of any fraternal, social or civic organization; or the benefit of any educational institution. “Charitable purpose” shall not be construed to include any direct benefit to the individual making the solicitation, to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law.
The act of asking, bartering, or communicating in any other such manner, whether orally, by written and/or printed material including but not limited to handbills or leaflets, by hand signing or by any other method, direct or implied, by an individual or group of individuals for a for-profit purpose, which includes promoting, advertising, or receiving or obtaining money, alms, gifts or items of value, real or intrinsic, for said individual or group of individuals, or for-profit organization, joint venture, joint stock company, partnership, club, company, corporation, business trust, or establishment. However the term does not include solicitation for religious, political, charitable, or other noncommercial purposes.
An individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes.
A sales transaction in which one (1) or more of the parties is a consumer.
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, or booklet, or any other printed or otherwise reproduced original or copies of any matter or literature.
Any person engaging or engaged in the business for hire or gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.
Any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message.
Soliciting in person or by telephone call from house to house for the purposes of selling or attempting to sell goods, merchandise, wares, services or anything of value or to take or attempt to take orders for the future delivery of goods, merchandise, wares, or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future.
A consumer transaction for the purchase of goods, services, or realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence, in person or by telephone, and the consumer’s agreement or offer to purchase is given at the residence to the merchant in person or by telephone. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.
A natural person.
Any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city, soliciting, selling, or taking orders for, or offering to sell or take orders for, any goods or services. A temporary business is one that continues for forty-five (45) days or less, and exists whether solicitation is from a stand, vehicle, or freestanding. Any business that exists more than forty-five (45) days shall be deemed to be a permanent occupancy and is required to obtain a certificate of occupancy from the building inspection department.
Any request, offer, enticement, or action which announces the availability for or of employment, or seeks to secure employment. “Job placement activities” shall be deemed complete when made, whether or not an actual employment relationship is created.
A party to a customer transaction other than a consumer.
An individual, corporation, trust, partnership, association or any other legal entity.
Any form of communication relating to a political issue, a particular candidate to a position or nonpartisan office, or a political party.
The traveled portion of a roadway, traffic medians and the area that is within ten feet (10') of the curbline. In the absence of a curbline, the area within ten feet (10') of the shoulder of a road or highway.
Any separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.
A thoroughfare with a right-of-way of fifty (50) feet and pavement width of twenty-six (26) feet where the paved section allows for two (2) travel lanes with one (1) parking lane.
The act of asking, begging, bartering, or communicating in any other such manner, whether orally, by written and/or printed material including but not limited to handbills or leaflets, by hand signing or by any other method, direct or implied, by an individual or group of individuals for the purpose of receiving or obtaining money or items of value, real or intrinsic, for said individual or group of individuals, an organization, joint venture, joint stock company, partnership, club, company, corporation, business, trust, or any other organization or affiliate thereof, and includes a home solicitation and home solicitation transaction.
Any home solicitation transaction; any request for money, property, or anything of value; or the pledge of a future payment of money, or delivery of property, or anything of value; or the selling or offering for sale of any property, real or personal, or delivery of tangible or intangible [property], whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications. Expressly excluded from the meaning of “solicit funds” or “solicitation of funds” is any offer of membership in any organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limits of the city.
(Ordinance 2008-06-24 adopted 6/23/08)