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As used in this chapter, the following definitions shall apply:

"Transient outdoor business" means any person, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling goods, wares and/or merchandise within the city and who, in furtherance of such purpose, hires, leases, uses or occupies any property within the city. Transient outdoor business does not include any business occupying a structure upon a permanent foundation constructed in accordance with the requirements of Chapter 15.04, any farmers market certified by the Kern County agricultural commissioner, any seller of Christmas trees, fireworks or pumpkins. For the purposes hereof, a "temporary business" is any business conducted functionally entirely independent from the structure with such permanent foundation. No person so engaged shall be relieved from complying with the provisions of this chapter merely by reason of association temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient, outdoor business in connection with, as a part of or in the name of any local dealer, trader, merchant or auctioneer. (Ord. 473 §1, 2002).