§ 21-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Antique dealer: Any person engaged in the retail business of selling merchandise made in, or typical of, a previous era. Typical merchandise includes, but is not limited to, furniture, silverware, glassware and other collectibles. An antique dealer shall not be deemed to be a secondhand dealer solely by virtue of his or her dealings concerning merchandise made in, or typical of, a previous era, but such dealer shall also be deemed to be a secondhand dealer if he or she deals in secondhand merchandise which is not made in, or typical of, a previous era. An antique dealer shall not be deemed to be a consignment dealer solely by virtue of his or her dealings concerning merchandise made in, or typical of, a previous era, but such dealer shall also be deemed to be a consignment dealer if he or she sells merchandise on consignment which is not made in, or typical of, a previous era.

Auctioneer: Any person who runs a public sale where tangible personal property is sold to the highest bidder.

Consignment dealer: Any person engaged in the business of acting as an agent for the sale or trade of another person's property, except for antique dealers.

Fair market value: The fair market value is determined by the amount the pawnshop or secondhand dealer plans to list the item for resale.

Fortuneteller: Any person who is advertised as or represented to be a clairvoyant, astrologer, soothsayer, seer, palmist or spiritualist.

Herb dealer or herb doctor: Any person engaged in the occupation of selling herbs, other than merchants or druggists having permanent places of business.

Junk dealer: Any person who collects or buys junk, including such items as rags, bottles, scrap metal, paper and such other material as is usually collected for salvage purposes and where such person holds it for storage or offers it for sale. Junk dealers include the owners or operators of salvage or wrecking yards but do not include any persons engaged solely in recycling metal cans, paper, cardboard or glass.

Pawnshop: An establishment in which any business holding a pawn broker's license is conducted and pursuant to A.R.S. § 44-1627, as may be amended, in which is carried on the business of pawn brokerage, or the business of loaning money for himself or herself or for another person, receiving as security for payment thereof pawns or pledges of property, or the business of purchasing personal property and reselling or agreeing to resell, trade, or exchange such articles to vendors, their personal representatives, or their assignees at a price agreed upon at or before the time of such purchase, whether such business be the principal or sole business so carried on or be merely incidental to, in connection with, or a branch or a department of some other business.

Peddler or solicitor: Any person who:

(a)

Travels by foot, wagon, motor vehicle or any other type of conveyance from place to place carrying or transporting goods, wares or merchandise of any nature and offering the same for sale; or

(b)

Sells or offers to sell goods, wares or merchandise of any nature from a wagon, motor vehicle, railroad car or other vehicle or conveyance; or

(c)

Travels by foot, wagon, motor vehicle or any other type of conveyance from place to place taking or attempting to take orders for the sale of goods, wares or merchandise of any nature for future delivery, or for any services to be furnished or performed immediately or in the future, regardless of whether such person carries or exposes for sale a sample of such goods, wares or merchandise or whether such person collects advance payments on such sales; or

(d)

For himself or herself or for another person hires, leases, uses or occupies any lot, building, structure, tent, railroad car, boat, hotel room, lodging house, apartment, shop or any other place within the city for the purpose of conducting a temporary or transient business of retail sales.

Any person conducting activities otherwise deemed to be those of a peddler or solicitor only under the following circumstances shall not be deemed to be a peddler or solicitor for purposes of this chapter:

(a)

Persons acting solely on behalf of a governmental entity or a non-profit entity which has tax-exempt status under section 501(c) (3) of the Internal Revenue Code, as amended; or

(b)

Persons who are participants at an open-air market or park-and-swap operation licensed under article V of this chapter; or

(c)

Persons who have met the requirements of section 7.503, (seasonal sales and special events) of the zoning ordinance of the City of Glendale, Arizona.

Peddler or solicitor business: Any owner or operator of a business which directly or indirectly employs or directs any peddler or solicitor, including through a contractor or subcontractor relationship.

Photographer: Any person who engages in the business of, or solicits, the taking, coloring, finishing, processing, enlarging or selling finished, still or motion picture photographs for profit; provided, that the term shall not include newspaper photographers, persons selling photographs to newspapers or periodicals and photo developing stations located in drug stores, grocery stores, five and ten cent stores or variety stores, where the service is only incidental to such business and where no advance deposit for photo service is charged.

Private towing carrier: Any person who offers services for a fee or charge to tow, transport or impound motor vehicles from private property without the prior permission of the owner or operator of such vehicle by means or use of a truck or other vehicle designed for or adapted to that purpose.

Secondhand dealer: Any owner or operator of a business which buys, sells, trades, exchanges, takes consignments or otherwise deals in secondhand goods, wares or merchandise, whether such business be the principal or sole business so carried on or be merely incidental to, in connection with, or a branch or a department of some other business; provided, that the following persons shall not be considered secondhand dealers, other than owners or operators who deal in precious items, as defined in A.R.S. § 44-1601:

(a)

Dealers who accept, sell or dispose of used motor vehicle tires or parts, farm implement parts, farm machinery parts, road equipment parts or mining equipment parts which are taken in part payment for new or reconditioned motor vehicle tires or parts, farm implement parts, farm machinery parts, road equipment parts or mining equipment parts;

(b)

Antique dealers;

(c)

Dealers in goods, merchandise or property the transfer of title to which is required by state law to be evidenced by written instrument and to be recorded in an office of the state or county government;

(d)

Persons licensed for occasional sales under article IV of this chapter; or

(e)

Participants at a park-and-swap operation or an open-air market, if the operator of the park-and-swap operation or open-air market is licensed pursuant to article V of this chapter.

Special regulatory license: Any license issued pursuant to the provisions of this article to persons engaging in any of the business activities defined in this section.

Tax and license manager: The person designated by the city to act as tax and license manager, regardless of such person's official title with the city.

(Ord. No. 1724, § 1, 6-2-92; Ord. No. 1919, § 1, 12-10-96; Ord. No. 2112, § 1, 12-14-99; Ord. No. 2354, § 2, 11-25-03; Ord. No. 2604, § 1, 11-27-07; Ord. No. 2727, § 1, 6-22-10)