A.    "Temporary merchant" means any person, whether a resident of Vernal City or not, who, within the limits of Vernal City:

    1.    Engages in a business activity exclusively from a fixed location without a permanent structural foundation selling and/or delivering goods, wares or services, and who conducts meetings open to the general public where franchises, distributorship, contracts or business opportunities are offered to the public; not including, however, any person conducting business from a  manufactured home located in a licensed manufactured home park and duly licensed by Vernal City as a home occupation.

    B.    Subsection A of this section not withstanding, a temporary merchant, for the purpose of this section, shall not include the following, who shall, however, be required to have a license for doing business within the city but shall not be required to pay any fee for doing such:

1.    A person who sells his or her own property which was not acquired for resale, barter or exchange, and who does not conduct such sales more than five (5) days during any calendar year; or

    2.    Arts and crafts exhibits where participating artists sell their original works and which do not contain any sale(s) of artwork purchased or taken on consignment and held for resale; or

    3.    Activities that are a part of a community-approved festival, carnival, display, show or similar activity and authorized either by the state or local government agency within the corporate limits of Vernal City; or

    4.    Sales of goods or services for a charitable, religious or nonprofit organization; or

    5.    Any person, firm or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only, which requires interstate shipment of merchandise sold for future delivery directly to the consumer. (Ord. 93-11 § 1(D): prior code § 11-04-056.1)

(Ord. No. 95-23, Amended, 10/18/95; Ord. No. 98-16, Amended, 10/21/98; Ord. No. 98-16, Amended, 10/21/98)