§ 9-2. Definitions.

For the purpose of this chapter, the following words shall have the meanings respectively ascribed to them, unless the context requires a different meaning, as follows:

Business shall include any activity engaged in by any person or caused to be engaged in by him with the object of gain, profit, benefit or advantage, either direct or indirect. The term "business" shall not be construed in this chapter to include occasional and isolated sales or transactions by a person who does not hold himself out as engaged in business.

City is the City of Kannapolis, North Carolina.

Engaged in business shall mean maintaining, occupying or using, permanently or temporarily, directly or indirectly or through a subsidiary or agent, by whatever name called, any office, place of distribution, sales or sample room or place, warehouse or storage place, or other place of business for the selling or delivering of tangible personal property for storage, use or consumption in this city, or permanently or temporarily, directly or through a subsidiary having any representative, agent, salesman, canvasser or solicitor operating in this city in such selling or delivering.

Itinerant merchant is a merchant, other than a merchant with an established retail store in the city, who transports an inventory of goods to a building, vacant lot or other location in the city and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail. A merchant who sells goods, other than farm products, in the city for less than six (6) consecutive months is considered an itinerant merchant, unless he stopped selling goods in the city because of his death or disablement, the insolvency of his business, or destruction of his inventory by fire or other catastrophe.

Merchant as used in this chapter includes only peddlers, itinerant merchants and/or specialty market operators.

Motor vehicle means any vehicle which is self-propelled and designed primarily for use upon the highways, and any vehicle designed to run upon the highways which is propelled by a self-propelled vehicle, but shall not include any implement of husbandry, farm tractor, road construction or maintenance machinery or equipment, special mobile equipment as defined in G.S. Section 20-4.01, any vehicle designed primarily for use in work off the highway, or a manufactured home.

Peddler is a person who travels from place to place with an inventory of goods, who sells the goods at retail or offers the goods for sale at retail, and who delivers the identical goods he carries with him.

Person includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate or other group or combination acting as a unit, body politic or political, subdivision, whether public or private or quasi-public and the plural as well as the singular number.

Retail shall mean the sale of any tangible personal property in any quantity or quantities for any use or purpose on the part of the purchaser other than for resale.

Sale or selling shall mean any transfer of title or possession, or both, exchange, barter, lease, license to use or consume, or rental of tangible personal property, conditional or otherwise, in any manner or by any means whatsoever, however effected and by whatever name called, for a consideration paid or to be paid, and includes the fabrication of tangible personal property for consumers by persons engaged in business who furnish either directly or indirectly the materials used in the fabrication work, and the furnishing, preparing or serving for a consideration of any tangible personal property consumed on the premises of the person furnishing, preparing or serving such tangible personal property or consumed at the place at which such property is prepared, served or sold. A transaction whereby the possession of the property is transferred but the seller retains title or security for the payment of the price shall be deemed a sale.

Specialty market is a location, other than a permanent retail store, where space is rented to others for the purpose of selling goods at retail or offering goods for sale at retail.

Specialty market operator is a person, other than the state or a unit of local government who rents space, at a location other than a permanent retail store, to others for the purpose of selling goods at retail or offering goods for sale at retail.

Specialty market vendor is a merchant, other than a merchant with an established retail store in the county, who transports an inventory of goods to a licensed specialty market and who, at that location, displays the goods for sale and sells the goods at retail or offers the goods for sale at retail.

Stand shall mean any newsstand, table, bench, booth, rack, handcart, pushcart or any other fixture or device used for the display, storage or transportation of articles offered for sale by a merchant.

(Ord. of 6-25-90, § 2;)