§ 22-3. Exceptions.

The prohibitions provided above shall not prohibit the following activities, so long as said activities are in compliance with applicable subsections of section 22-4 herein.

(1)

Peddlers requiring a permit:

a.

Sale of agricultural products, including meats, poultry, or other articles of food, in the natural state, grown or produced by the peddler and sold at a location other than the location where said products are grown or produced.

b.

Sales, solicitations, or distributions which are incidental, customary, and commonly associated with a national, local, ethnic, or religious holiday, said activity to be restricted to the length of time the holiday or event is normally and customarily celebrated by the public.

c.

Periodic fairs, carnivals, bazaars, and other amusement activities conducted in full compliance with all ordinances and statutes regulating the same.

d.

Mobile health services, including but not limited to, blood banks and mammography screening.

e.

Sale of individually packaged food items from a sanitary vehicle in full compliance with all ordinances and statutes regulating the same.

f.

Uninvited home solicitations.

g.

Outdoor retail sales where merchandise is displayed for consumers in a common area where facilities are shared by individual vendors in open air booths, so long as said activities are sheltered by a permanent roof, as defined in the city building code, and sides of the booths facing the public right-of-way are enclosed, in accordance with the city facade ordinance.

(2)

Peddlers requiring a registration card:

a.

Sale of agricultural products, including meats, poultry, or other articles of food, in the natural state, grown or produced by the peddler and sold at the location where said products are grown or produced.

b.

Sales, solicitations, distributions, or stationary collections made for charitable purposes.

c.

Persons engaged in interstate commerce.

(3)

Peddlers exempt from this chapter:

a.

Temporary outdoor activities conducted or sponsored by the owner, lessee, or tenant holding the certificate of occupancy for the permanent structure located on the same property.

b.

Commercial travelers in the ordinary course of business who sell or exhibit for sale goods, wares, or merchandise to firms, persons, or corporations engaged in the business of buying, selling, and dealing in the same.

c.

Business activities conducted in compliance with a franchise granted by the city.

d.

Business activities, transactions, and activities in public buildings or on public property in which the city is a party or a sponsor.

e.

Sidewalk cafes, business activities conducted within public market areas, and the sale of newspapers on public property, in full compliance with all ordinances and statutes regulating the same.

(Ord. No. 790, Exh. A, § III, 5-19-97; Ord. No. 790-1, §§ 2—5, 7-28-97)