For purposes of this chapter:
(a) “SSD” means the Safety Service Director.
(b) “Street vending” or “vending” means selling, offering or displaying for sale, or soliciting another to purchase, for present or future delivery, any goods, food items, wares, merchandise, subscriptions, services, or any combination thereof from, in, upon, along or through the highways, streets, or sidewalks or public right of way, or upon private property by means of a mobile vending device or vending device.
(c) “Street vendor”, “vendor” or “mobile vendor” means any person who engages in street vending. “Vendor” does not include itinerant vendors or itinerant wholesale produce dealers.
(d) “Person” means an individual, corporation, partnership or association.
(e) “Sell” or “selling” includes barter or bartering.
(f) “Right of way” means the entirety of a public street to the boundaries of adjoining property.
(g) “Street” means the entire width of the public street right of way, alley, highway, roadway or avenue, including all curbs along such streets.
(h) “Sidewalk” means a paved path for pedestrians along side of a street or within the street right of way.
(i) “Mobile vending device” or “vending device” means a container or vehicle for street vending or vending which has wheels with or without a motor or engine, and shall also include temporary structures, trailers, tents and other vehicles, carts, stands, and other devices which may be moved from place to place from which vending can be conducted, or which can be used to display goods.
(j) “Mobile vending” means street vending or vending from a mobile vending device or vending device.
(k) “Downtown Preservation District” means the area defined in Section 1350 of the Amherst Codified Ordinances.
(l) “Community Event” means an event specifically approved by the Mayor or SSD granting use of street, sidewalk, park, right of way, or any public areas within a specifically defined area for a period of time not exceeding ten (10) days to a community based organization.
(m) “Permittee” means the person who owns the vending device with a mobile vending permit.
(n) “Unobstructed walk” means a clear, continuous paved surface free of tree grates, elevator grates and all vertical obstructions.
(o) “Food item” means a raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human or animal consumption. Food includes ice, water or any other beverage, food ingredients and chewing gum.
(p) “Wares or Goods”. Any item other than food that might be for sale or sold.
(q) “Community based organization” means noncommercial organizations such as churches or non-profit organizations operated exclusively for charitable purposes as defined in division (B)(12) of Section 5739.02 of the Revised Code.
(r) “Public property” means publically owned streets, parking lots, sidewalks, parks and lands owned by the City.
(s) “Private property” means property which is not public property.
(t) “Mobile ice cream vending” means mobile vending of pre-wrapped or prepackaged ice cream, frozen yogurt, frozen custard, frozen or soft-serve dairy products, or similar frozen dessert products.
(Ord. 0-18-25. Passed 7-9-18.)