For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPROVED LOCATION. A site approved by the City Planner from which a vendor operating from a pushcart or vehicle may sell his or her products.
AUTHORITY. The City Planner, or those persons assigned by the City Planner to perform in his or her stead, or such other persons appointed by the Mayor.
CITY. The City of Anthony, New Mexico.
FOOD. A prepared edible product that can be eaten at the location of the sale of said product. This definition excludes natural products such as fruit, vegetables and herbs.
HAWKER. A peddler who carries goods for sale and seeks purchasers either by shouting or by attracting notice and attention to the goods for sale by bells, the sound of a horn or other means.
HEALTH DEPARTMENT. The applicable state or county government department responsible for regulating food vendors.
ITINERANT STREET VENDING. The selling of food or non-food items from a vehicle that is either on a public road or adjacent to a public road.
OWNER. Any person who owns or controls one or more pushcarts and:
(1) Conducts or permits or causes the operation of such vehicle vending food, beverage or other products;
(2) Owns, operates, controls, manages or leases such vehicles; or
(3) Contracts with persons to vend food, beverage or other products from such vehicles.
PEDDLER. Any person who goes from house to house or from place to place seeking to make concurrent sale and delivery of the goods, wares and merchandise of any nature whatsoever.
PUSHCART. Any human- or animal-propelled wheeled conveyance which contains food items, goods, wares or merchandise or other non-food items sold or solicited.
SOLICITOR. A drummer or canvasser or any other person who goes from place to place or from house to house taking, or attempting to take, orders from the sale of goods, wares or merchandise of any nature whatsoever for future delivery or services of any nature whatsoever to be furnished or performed in the future, whether or not such individual has a sample and whether or not he or she is collecting advance payments.
STREET VENDOR. Includes all vendors, hawkers, peddlers, solicitors, food vendors, pushcart vendors, foot vendors, catering truck vendors, transient merchants and itinerant merchants, as defined herein.
TRANSIENT OR ITINERANT MERCHANT. Any person who establishes himself or herself in business with the intention to remain in business for a short period of time only, whether such period is a definite or indefinite one, or until a particular stock of goods, wares or merchandise is disposed of, or until the local market for the goods, wares or merchandise handled by the dealer has been exhausted, and who, for such limited period, engages or occupies a building or other place for the exhibition or sale of the goods, wares or merchandise.
VEHICLE. Any truck, trailer, pushcart, cart, wagon, conveyance or structure not permanently fixed to a permanent foundation and which may be moved under its own power, towed by a motor vehicle or carried upon or in a motor vehicle or trailer. This definition includes those vehicles known as “catering trucks”.
VEND or VENDING. Offering food, beverage or product of any kind for sale from a vehicle on any sidewalk, street, alley, highway or unenclosed place open to the public, whether publicly or privately owned.
VENDING. The business of selling or causing to be sold for cash or consideration of any items such as non-food, food or food products or edibles of any type, whether hot, cold, freshly prepared or packaged.
VENDING EQUIPMENT. Tools, machines, umbrellas, chairs, tables, food or food products and the like related to vending.
VENDOR. A person who is in the business of vending, and/or his or her employee(s).
VENDOR’S PERMIT. The permit issued to any person who operates as a street vendor on any sidewalk, street, alley, highway or public place within the city.
(Ord. 2011-01, passed 1-12-2011)