“Commercial solicitation” means any efforts by a solicitor or solicitor business intended to interest, entice, or solicit any person to participate in a present or future commercial transaction. Commercial solicitation is not intended to include routine conversations and interactions that are part of a normal retail business transaction such as ordering a meal or buying a drink, where the customer has knowingly placed their self in a situation where a reasonable person would anticipate that they would be asked questions about an anticipated purchase. Instead, such efforts include, but are not limited to, offers of products, either for sale, lease, exchange, or free, through person-to-person contact, telephone, mail, electronic mail, signage, handbills or other printed material, intended to induce the recipient’s willingness to receive information relating to a possible present or future commercial transaction.

“Person” means any individual, corporation, firm, association, joint venture, partnership, trust estate, business trust, syndicate, fiduciary, and any other group or combination of individuals or entities.

“Product” means any tangible or intangible item including, but not limited to, goods, edibles, services, real property, timeshare interests, and club memberships.

“Solicitor” means a person who attempts directly or indirectly to encourage any person to enter into a present or future commercial transaction, including a vacation club membership or timeshare plan, through personal inducement, solicitation, or other means, including, but not limited to, invitations to sales presentations and offers for free or discounted products, or who by personal inducement, commercial solicitation, or other means encourages, or attempts to encourage, any person to participate in a present or future commercial transaction. Persons such as bartenders and waiters who respond to customers that have intentionally entered a business premises such as a bar or restaurant, or jeep tour guides who respond to questions about tours that are offered, are not considered solicitors.

“Solicitor business” means a person that engages in the business of employing or contracting with solicitors.

“Timeshare” or “timeshare plan” shall have the same meaning as defined in A.R.S. Section 32-2197.28.

“Vacation club membership plan” means an arrangement or agreement in which a purchaser in exchange for an advance fee and yearly dues is entitled to select from a designated list of facilities, accommodations or companies that operate in the United States through franchises or ownership, for a specified time period. Vacation club membership plans include, but are not limited to, arrangements and agreements set up by travel club services and retail travel club services. [Ord. 2014-15 § 1, 11-13-2014; Res. 2014-31 Exh. A, 11-13-2014; Ord. 2015-05 § 1, 4-28-2015; Res. 2015-08 Exh. A, 4-28-2015].