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ORDINANCE NO. 87- Z9 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA AMENDING CHAPTER 15 OF THE CODE OF LAWS AND <br />ORDINANCES OF INDIAN RIVER COUNTY, LICENSING AND LICENSE TAXES; <br />MODIFYING THE DEFINITION OF TEMPORARY PAVILION AND OF TRANSIENT <br />MERCHANT; REQUIRING TEMPORARY USE PERMITS FOR TRANSIENT MERCHANTS; <br />APPLYING NEW REGULATIONS TO CONTINUING TRANSIENT MERCHANT OPERA- <br />TIONS; AMENDING SECTION 25 OF APPENDIX A OF THE CODE OF LAWS AND <br />ORDINANCES OF INDIAN RIVER COUNTY, GENERAL PROVISIONS; PROVIDING <br />FOR INCLUSION OF TRANSIENT MERCHANTS IN TEMPORARY USE PERMIT <br />CATAGORIES; ESTABLISHING APPLICATION, SITE, AND OPERATION <br />STANDARDS FOR TRANSIENT MERCHANTS; AND PROVIDING FOR CODIFICATION, <br />SEVERABILITY, AND EFFECTIVE DATE. <br />Section 1 <br />Section 15-101 of Chapter 15, Indian River County Code of <br />Laws and Ordinances is hereby amended as follows. <br />For the purpose of this article the following terms shall be <br />given the meanings set forth below. <br />Temporary pavilion is any devise, operational vehicle, <br />4tt4Ot4tO, apparatus, tent, grouping of tables, or any other <br />display technique or apparatus that is mobile or portable, and <br />that is not a �Ot64 i At structure, as defined in the zoning code. <br />Transient merchant is any person or business entity that <br />engages in the sale of any personal Otlt 44 property, unless such <br />sales are excluded from transient merchant status by other zoning <br />code regulations, including but not limited to food products, <br />agricultural products, and merchandise, from )0440404104 temporary <br />pavilions OA/16t along public or private streets <br />with the following exceptions: <br />(1) Any person selling agricultural products from <br />agriculturally zoned property upon which he or she grew <br />the produce provided the products are not offered for <br />sale in the road right-of-way4; and <br />(2) Any person who sells his or her own property which was <br />not acquired for resale, barter or exchange and does not <br />conduct such sales or acts as a participant by <br />furnishing property for sale in such a manner more than <br />three (3) times during any calendar year (i.e., garage <br />sales, rummage sales, white elephant sales, etc.) when <br />property is not offered for sale in the road <br />right-of-way. <br />Section 2 <br />Section 15-102 of Chapter 15, Indian River County Code of <br />Laws and Ordinances is hereby amended as follows. <br />Section 15-102. License and temporary use permit required; <br />licensing process. <br />(A) License prerequisite to sale. It shall be unlawful for <br />any person or business entity to engage in the business of a <br />CODING: Words in 4tt7i¢9/W040 type are deletions from existing <br />law, words underlined are additions <br />