§ 32-62. Definitions.

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

Block means that property abutting one side of a street and lying between the two nearest intersecting streets, or nearest intersecting street and railroad right-of-way, unsubdivided acreage, or waterway.

Food means and includes any articles sold for human consumption, the sale of which is not prohibited by law.

Ice cream truck means any motor vehicle required by state statutes to be licensed and which is used for vending ice cream, or nonalcoholic beverages.

Ice cream truck vendor means any person who owns or operates an ice cream truck.

License administrator means the director of the license division or his designated representative.

Licensee means an applicant who has obtained a license pursuant to this article to own and operate a vending vehicle.

Operator means any person who operates a vending vehicle or vending stand for the purpose of vending food, beverage or product therefrom.

Owner means any person who owns or controls one or more vending vehicles and:

(1)

Conducts, permits or causes the operation of such vending food, beverage or product;

(2)

Owns, operates, controls or manages such vending vehicle; or

(3)

Contracts with persons to vend food, beverage or product from such vending vehicle.

Owner's license means a license issued by the unified government authorizing the holder to engage in the business of vending food, beverage or product from a pushcart or vending vehicle or vending stand. This includes an owner's ice cream license, as defined herein.

Prepared food vending vehicle means a self-propelled or motorized vehicle from which any prepared food, beverage, merchandise or product ready for immediate consumption is sold, given away, displayed or offered for sale, at retail, but shall not include a food vending vehicle transporting unprepared food for sale or delivery at wholesale or retail, a bakery truck, or ice cream product truck.

Pushcart means any non-self-propelled wagon, cart, trailer, kiosk or similar wheeled container, not a vehicle, as defined in state statutes, from which food, beverage, merchandise or product is offered for sale to the public.

Residential area means any street where over 50 percent of the front footage of either side of the block is devoted to single-family and multiple-family dwellings, dormitories, or mobile homes, or is otherwise zoned with a residential classification.

Sidewalk vending means the peddling, vending, selling, displaying, or offering for sale any item of tangible personal property or other thing of value upon a sidewalk of the city.

Special event means:

(1)

The temporary use of public property, including, but not limited to, streets, sidewalks, beaches, parks, and harbors for the purpose of conducting a parade or any other special enterprise or event which significantly impacts or substantially restricts the public's normal, typical, or customary use, level or use, or ability to use such property; or

(2)

The temporary use of private property for the purpose of any of the following activities:

a.

Animal shows. Exhibitions of domestic or large animals for a maximum of seven days.

b.

Circuses and carnivals. Provision of games, eating and drinking facilities, live entertainment, animal exhibitions, or similar activities in a tent or other temporary structure for a maximum of seven days. This classification excludes events conducted in a permanent entertainment facility.

c.

Religious assembly. Religious services conducted on a site that is not permanently occupied by religious assembly use, for a period of not more than 30 days.

d.

Open air fairs. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.

e.

Other activities interrupting traffic. Any other activity conducted on nonresidential property that substantially interrupts the safe and orderly movement of traffic or timely access by emergency vehicles. Such activities can include, but are not limited to, sporting events, concerts, rallies and festivals.

Uniform means, at a minimum, a shirt containing the logo, insignia, name or other identifying characteristic of the owner or a badge prominently displayed on the person operating the pushcart or vending vehicle identifying the operator with a photograph and name and telephone number to contact the owner.

Vend means offering food, beverage or product of any kind for sale from a vending vehicle on any sidewalk, street, alley, park, highway, or unenclosed place open to the public, whether publicly or privately owned, including the movement or standing of a vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of products.

Vending stand means a moveable temporary structure, tent, stand, or assembled contrivance located adjacent and contiguous to a duly licensed restaurant, vending food, beverage, or any product or merchandise; that can neither be pushed, wheeled, self-propelled or driven by use of a mechanical device but can be manually moved, stored and relocated from time to time and from which prepared food can be sold at retail.

Vending vehicle means a pushcart or a prepared food vending vehicle.

(Code 1988, § 32-149; Ord. No. O-99-04, § 5, 12-16-2004)