§ 13-60. Definitions.

For the purposes of this chapter, the following words shall have the meanings indicated unless their context clearly requires otherwise:

Commercial printed matter means any printed or written matter, whether a sample, device, leaflet, circular, pamphlet, paper or booklet, whether printed, reproduced or copied which:

(1)

Advertises for sale any merchandise, product, commodity or service; or

(2)

Directs attention to a business or commercial establishment or other activity for the purpose of either directly or indirectly promoting sales; or

(3)

Directs attention to or advertises a meeting, performance, exhibition or event for which an admission fee is charged for private gain or profit but does not include a meeting, performance, exhibition or event for which an admission fee is charged or a collection is taken up only for the purpose of defraying expenses; or

(4)

While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

Commissary is defined as a permitted fixed food establishment that serves as an operating base for a mobile food vehicle. The commissary is where the vehicle will be stored parked, serviced, cleaned, supplied and maintained.

General service mobile food unit is a food product establishment designed to be readily moveable from which food is distributed sold, or served to an ultimate consumer. General service mobile food units include general service pushcarts and general mobile food preparation vehicles.

General service pushcarts are defined as limited in size to three (3) feet wide, four (4) feet high and six (6) feet long. Pushcart operators may conduct light food preparation on the unit and the unit must be equipped with hot and cold running water.

Goods means any goods, wares, merchandise, livestock, poultry or other wild or domesticated creatures, and all other tangible personal property of any nature whatsoever, including prepared food and beverages, meats and seafood but shall not include agricultural products intended for human consumption, and securities, policies of insurance and other intangibles.

Interstate commerce means soliciting, selling or taking orders for any goods, wares, merchandise, photographs, newspapers, books, magazines, siding, roofing, home repairs, septic tanks, repairs or cleaning, which, at the time the order is taken, said solicitors are from another state or items sold will be produced in another state and shipped or introduced in the city in the fulfillment of such orders.

Itinerant vendor means any person, (whether or not a resident of the city) who engages in the transient business of selling goods within the city. The term "itinerant vendor" shall include any agent, independent contractor, employee, or other representative of any such person.

Limited service mobile units are mobile food units from which prepackaged foods in individual servings and beverages are served, sold or distributed units in the limited service mobile category include:

(1)

Ice cream trucks - approved to vend pre-wrapped and sealed ice cream, canned soft drinks, packaged candy, chips and pickles.

(2)

Mobile grocery trucks - approved to vend pre-wrapped, non-potentially hazardous food including canned soft drinks, prepackaged grocery items, candy, chips and pickles.

(3)

Mobile lunch trucks - approved to vend wrapped, prepared potentially hazardous food in individual packages for immediate consumption.

(4)

Mobile catering trucks - approved to deliver prepared food to a catered operation.

(5)

Limited service pushcart - approved to vend foods that are pre-wrapped, bottled, or otherwise packaged

Mobile food preparation vehicle is defined as a hot truck that is a motorized, commercially manufactured mobile food unit in which ready to eat food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution.

Peddler shall be any person who sells goods or merchandise in any manner other than in an established retail or wholesale store and is not a solicitor as hereafter defined.

Person means any individual, corporation, partnership, association or other legal entity.

Public property means any property open or devoted to public use or owned by the city, county, state or federal government, including but not limited to parks, buildings, sidewalks, streets and public parkways.

Sales or selling shall include the exchange of goods, wares or merchandise in exchange for consideration or the offer, exhibition, solicitation or taking of orders for the sale of goods, wares or merchandise, or the distribution of commercial printed matter in aid of any such sale.

Transient business means the sale of goods in or on any real property within the city not owned, leased or rented by such vendor for a period of less than ninety (90) consecutive days, said lease shall be in writing with a copy furnished to the city secretary.

(Ord. No. A-3034, § 1, 11-11-85; Ord No. A-3037, 12-9-85; Ord. No. O-11-17, 2-27-17)