Title 5 - Business Licenses and Regulations

5.70.025 Exemptions.

For purposes of this Chapter, a Transient Merchant shall not include the following activities:

1. A.
   Door-to-door sales, canvassing, or solicitations as regulated by 5.64 of this Code.
2. B.
   Exhibitions, street fairs, expositions, promotional ventures, or entertainment where a special event permit has been obtained, where regulated by 5.08 of this Code, or where such activity is sponsored in part by the City.
3. C.
   Auctions where the items being auctioned are from a permanent business or residence and being auctioned at that business or residence.
4. D.
   Garage sales as regulated by 5.44 of this Code.
5. E.
   Amusement enterprises as regulated by 5.08 of this Code.
6. F.
   Christmas tree sales as regulated by 5.16 of this Code.
7. G.
   Sales of agricultural or farm, garden or aquacultural products, except nursery products and foliage plants, grown upon and sold or offered for sale from residential premises inhabited by the individual raising or producing such products.
8. H.
   Sales conducted within the following structures: hotels, motels, trade centers, convention centers, and shopping malls.
9. I.
   Vendors in a farmers’ market, art festival or craft fair operated or sponsored by the City on City property or where a special event permit has been obtained.
10. J.
    Sales or offering of sales by a local not-for-profit or community school group on non-residential property with the permission of the property owner or property manager when the following conditions are met:

    1. 1.
       The sales or offering of sales at the property by any such group does not exceed two (2) days in any ten (10) day period;
    2. 2.
       The sales or offering of sales occurs near the entrance of the property’s existing business and away from other existing businesses and the rights-of-way; and
    3. 3.
       The sales or offering of sales only occupies a nominal amount of space and does not interfere with or detrimentally impact pedestrian and vehicular traffic or parking.
       (Note: If a tent or a significant portion of the parking lot is used, then this exemption shall not apply.)

Provided, this Section shall in no manner exempt any Person from any applicable federal, state, or city code, ordinance or regulation, including, but not limited to, the City’s food code regulations, any Uniform Development Ordinance provision, any sales tax requirement, or any activity causing a traffic or sight distance hazard or any other type of public hazard or danger.

(History: Ord. TM-2954 §3, 2012; TM-1539,A §1, 88; TM-1539 §1, 88; TM-1315 §2, 85)

Effective on: 1/1/1901