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<br />§ 4.08.020
<br />ORONO CODE
<br />tion. As applied to groups, organizations, corpora-
<br />tions, partnerships and associations, the term
<br />"person" shall include each member, officer,
<br />partner, associate, agent or employee.
<br />Regular business day means any day during
<br />which the city hall is normally open for the
<br />purpose of conducting public business. Holidays
<br />defined by state law shall not be counted as
<br />regular business days.
<br />Services means work, labor or services of any
<br />kind.
<br />Solicitee means a person who is solicited.
<br />Solicitor means a person who goes from house -
<br />to -house, door-to-door, business -to -business, street -
<br />to -street, or any other type of place -to -place, for
<br />the purpose of obtaining or attempting to obtain
<br />orders for goods, wares, products, merchandise,
<br />other personal property or services of which he
<br />or she may be carrying or transporting samples,
<br />or that may be described in a catalog or by other
<br />means, and for which delivery or performance
<br />shall occur at a later time. The absence of
<br />samples or catalogs shall not remove a person
<br />from the scope of this provision if the actual
<br />purpose of the person's activity is to obtain or
<br />attempt to obtain orders as discussed above. The
<br />term "solicitor" also includes any person who,
<br />without invitation, goes upon private property,
<br />to request contribution of funds of anything of
<br />value, or sell goods or services for political,
<br />charitable, religious, or other non-commercial
<br />purposes.
<br />Transient merchant means any person engag-
<br />ing in transient merchant activities.
<br />Transient merchant activities means the act of
<br />engaging in any temporary, intermittent, or
<br />transient sales or exchanges of any goods, wares
<br />or services to other businesses by setting up an
<br />outdoor stand or structure, by using any truck,
<br />automobile or any other vehicles, or by using an
<br />empty store front for such purposes at any point
<br />or place in the city.
<br />(Code 2003, § 30-2; Ord. No. 58(3rd series), § 1,
<br />4-27-2009)
<br />Sec. 4.08.030. Exceptions to definitions.
<br />(a) For the purpose of the requirements of
<br />this chapter, the terms "peddler," "solicitor," and
<br />"transient merchant" shall not apply to any
<br />person selling or attempting to sell at wholesale
<br />any goods, wares, products, merchandise or other
<br />personal property to a retailer of the items being
<br />sold by the wholesaler. The terms "peddler,"
<br />"solicitor," and "transient merchant" also shall
<br />not apply to any person who makes initial
<br />contacts with other people for the purpose of
<br />establishing or trying to establish a regular
<br />customer delivery route for the delivery of perish-
<br />able food and dairy products such as baked goods
<br />and milk, nor shall they apply to any person
<br />making deliveries of perishable food and dairy
<br />products to the customers on his or her established
<br />regular delivery route.
<br />(b) In addition, persons conducting the type
<br />of sales commonly known as garage sales, rum-
<br />mage sales, or estate sales, as well as those
<br />persons participating in an organized multi -
<br />person bazaar or flea market, shall be exempt
<br />from the definitions of peddlers, solicitors, and
<br />transient merchants, as shall be anyone conduct-
<br />ing an auction as a properly licensed auctioneer,
<br />or any officer of the court conducting a court -
<br />ordered sale.
<br />(c) This chapter does not apply to children,
<br />age 17 years or younger, soliciting for school -
<br />sponsored activities or for charitable organiza-
<br />tions.
<br />(d) Exemption from the definitions for the
<br />scope of this chapter shall not excuse any person
<br />from complying with any other applicable statu-
<br />tory provision or this chapter.
<br />(Code 2003, § 30-3; Ord. No. 58(3rd series), § 1,
<br />4-27-2009)
<br />Sec. 4.08.040. Prohibited activities.
<br />No peddler, solicitor or transient merchant
<br />shall conduct business in any of the following
<br />manners:
<br />(1) Calling attention to his or her business
<br />or items to be sold by means of blowing
<br />any horn or whistle, ringing any bell,
<br />CD4:14
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