(a) For purposes of this chapter:
(1) "Commissioner" means the Commissioner of Assessments and Licenses.
(2) "Street Vending" or "Vending" means selling, offering or displaying for sale, or soliciting another to purchase, for present or future delivery, any goods, wares, merchandise, subscriptions, services, pre-packaged frozen desserts, commercially prepackaged foods and beverages contained in displays of less than two hundred (200) cubic feet, or any combination thereof from, in, upon, along, or through the highways, streets, or sidewalks, door-to-door on residential property, or in the open air or from a temporary shelter or vending device upon private property.
(3) "Street Vendor" or "Vendor" means any person who engages in street vending. "Vendor" does not include itinerant vendors or itinerant wholesale produce dealers licensed under Chapter 682 or food shops or food vehicles licensed pursuant to Chapter 241, unless such food shop or food vehicle licensed under Chapter 241 vends pre-packaged frozen desserts.
(4) "Person" means an individual, corporation, partnership or association; provided, however, that for purposes of Section 675.02, "person" shall mean a natural person only.
(5) "Sell" or "selling" includes barter or bartering.
(6) "Sidewalk" means that portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property line.
(7) "Street" means street, alley, highway, roadway or avenue, including all curbs along such streets.
(8) "Vending device" means vehicle or a container used for the sale, display or transport of goods, wares, merchandise, or commercially pre-packaged food or beverages, or equipment used for menial tasks by a vendor.
(b) Scope of Chapter. The provisions of this chapter shall not apply to sales made to dealers by commercial travelers or selling agents in the usual course of business, to bona fide sales of goods, wares, commercially prepackaged food or beverages, or merchandise by samples for future delivery, to sales at trade shows or conventions, or to sales by charitable organizations in conjunction with solicitations for charity.
(c) Nothing in this chapter shall be construed to prohibit the distribution of non-commercial handbills, cards, leaflets, or other literature upon the sidewalks of the City.
(Ord. No. 1382-13. Passed 6-9-14, eff. 6-12-14)