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For purposes of this chapter:

A. “Accoutrements” means additional items added for flavoring such as, but not limited to, seasonings, mustard, ketchup, and mayonnaise.

B. “Cart” means a small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a human-propelled wheeled vehicle that may contain food or other items for sale.

C. “Display apparatus” means a nonpermanent structure such as a table, stand, wagon, tray, cart, canopy, tents with three sides open, or other displays for the sale of goods, merchandise, food, wares, or services. Teepees shall be allowed if seventy-five percent of the sides are open and the interior is visible, from outside the teepee, to at least seven vertical feet from the ground.

D. “Farm produce” means fresh fruit, vegetables, herbs, eggs, or grains.

E. “Miscellaneous merchant” means any licensee conducting business that does not meet the criteria of a peddler, solicitor, or vendor as defined in this chapter.

F. “Month” means a period of thirty consecutive days regardless of the calendar month.

G. “Nonmotorized trail system” means a paved or unpaved government-constructed trail or path that is intended solely for pedestrian, bicycle, or equestrian use.

H. “Peddler” means any person who goes from house to house or business to business, carrying food, goods, wares, or merchandise and selling or offering the same for sale. Peddlers seek out customers and are only stopped while engaged in a business transaction. They are not stopped or parked waiting for customers to come to them.

“Peddler” shall not include persons going door to door requesting contributions or offering goods for sale for fundraising purposes, by volunteer representatives of qualified charitable organizations or schools. A qualified charitable organization is a nonprofit organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code.

I. “School-sponsored event” means an activity or sale that generates money that is collected or paid to the school district or individual public school. The event must be overseen or sponsored by the school district, an individual public or private school, or a school group or club.

J. “Solicitor” means any person who goes from house to house or business to business, not carrying goods, wares, or merchandise, but taking orders for future delivery of goods, wares, merchandise, subscriptions, or services. A solicitor may also conduct sales by means of telephone solicitation, direct mail, email, distributing fliers, or internet offers.

“Solicitor” shall not include persons going door to door requesting contributions or offering goods for sale for fundraising purposes, by volunteer representatives of qualified charitable organizations or schools, nor shall it include persons carrying out petitioning activity or serving political candidates or causes. A qualified charitable organization is a nonprofit organization that qualifies for tax-exempt status according to the U.S. Treasury under Section 501(c)(3) of the Internal Revenue Code.

K. “Stationary mobile cart” means a cart having functional wheels and an axle that occupies one temporary location for a specified period of time.

L. “Vehicle” means a motorized vehicle used for displaying, storing or transporting of articles offered for sale by a vendor, peddler or solicitor and is currently licensed and registered by the Department of Motor Vehicles.

M. “Vendor” means any person, firm, or corporation engaged in the business of selling food, goods, services, wares, or merchandise from a vehicle, trailer, cart, human-powered cycle, backpack, basket, or other display apparatus within the City, and who, in furtherance of such purpose, leases, uses, or occupies any street, sidewalk, or private property. The term “vendor” includes:

1. Street vendors;

2. Sidewalk vendors; and

3. Private property vendors.

N. “Vendor, food” means any street vendor, sidewalk vendor, or private property vendor that sells foodstuffs, edibles, beverages, ice cream, confectionery, or other edible products upon any public street, road, alley, curb or sidewalk, or on private property.

O. “Vendor, limited” means a vendor that legally engages in business within City limits for a specified period of time not to exceed twenty-nine days.

P. “Vendor, long-term” means a vendor that legally engages in business within City limits for a renewable term of one to twelve months.

Q. “Vendor, private property” means any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares, or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, trailer, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus, as defined above.

R. “Vendor, sidewalk” means a vendor that sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding City parks and Mill Creek Parkway) any goods, wares, merchandise, services, food, or beverages from a cart or by foot from a pack, basket or similar container, or handheld display.

S. “Vendor, street” means a vendor that travels by vehicle, human-powered cycle, or other street-legal conveyance on public or private streets and who carries, conveys, or transports food, beverages, goods, wares, or merchandise and offers them for sale. (Ord. 18-15 § 2, 2018; Ord. 13-17 (part), 2013)