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Where the business of selling merchandise is permitted under this title, such business shall be within an enclosed structure meeting the requirements for the particular type of occupancy. An enclosed structure shall mean a building or similar established structure, but shall not mean a vehicle or other device capable of readily being removed from the premises. The requirements of this section shall not apply to businesses selling merchandise in the following situations:

(1) Where there is specific authorization by this code that clearly permits the conducting of the business outside an enclosed structure, but only to the extent clearly permitted;

(2) Where there is specific authorization by this code that permits a business to be conducted and such business by its very nature must be conducted outside an enclosed structure, but only to the extent that it must be so conducted;

(3) Where the merchandise is of such size as to render it impractical to contain the merchandise within a building or is of a character that does not readily deteriorate when exposed to the elements;

(4) Where the merchandise is plants, shrubbery, or trees growing or cut;

(5) When the merchandise being sold is on the same premises, or adjoining premises, or on a premises within 200 feet of the premises from which a business is conducted from within an enclosed building, and the operator of the business conducted within an enclosed building has control of and is responsible for the use of the premises;

(6) Where the merchandise is fruits, vegetables, berries, butter, eggs, fish, milk, poultry, meats, or any farm products or edibles raised, caught, produced, or manufactured in any place in this state by the person selling the merchandise; and

(7) Where the merchandise is food or liquid refreshment being sold for immediate consumption. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.120.]