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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FOOD ESTABLISHMENT. Coffeeshops, cafeterias, short order cafes, restaurants, luncheonettes, day care centers, taverns, sandwich stands, BBQ stands, soda fountains and all other such eating or drinking establishments including any vehicle or other portable structure which remains stationary for more than two weeks.
MOBILE FOOD ESTABLISHMENT. A food establishment operating from a vehicle or any portable structure on a trailer or wheels, that meets all the requirements of Gun Barrel City Municipal Health District (GBCMHD); and that does not remain in any one location for a period of more than two weeks.
NONCOMMERCIAL PURPOSE or CAUSE. A purpose or cause not created, existing or espoused for the generation of profit or the remuneration of individuals, including, but not limited to, the religious or charitable solicitation of contributions, seeking political support or contributions, the promotion of civic causes, the promotion of conservation of resources or animals, advocating a philosophy or religion, or minors conducting fund-raising activities, who represent an organization for the benefit of youths, including but not limited to Boy Scouts, Girl Scouts, little league groups and school groups.
PEDDLER. Any person, whether a resident of this city or not, who sells or offers for sale for immediate delivery any goods, merchandise, or products, whether at one or more fixed locations or by carrying goods, merchandise or products from house to house, business to business, street to street, or upon public property; a merchant shall be considered temporarily in business unless it is the intention of such merchant to establish a permanent business. Transfer of payment at the time of sale or later is immaterial. The word PEDDLER shall include the terms SOLICITOR and “commercial solicitor.” This term shall not include individuals connected with a noncommercial purpose or cause.
PERMANENT BUSINESS ESTABLISHMENT. A building or part of a building or space within a building owned or occupied for use in the operation of an on-going commercial or industrial enterprise which has been or is intended to be conducted for more than one year and for which a certificate of occupancy has been issued by the city.
PERMIT HOLDER. Any person holding a current permit or license issued pursuant to this chapter.
PERSON. An individual human, partnership, co-partnership firm, company, limited liability partnership or other partnership or other such company, joint venture, joint stock company, trust, estate, governmental entity, association or corporation or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine, the singular shall include the plural where indicated by the context.
SEASONAL FOOD ESTABLISHMENT. A food establishment operating at a fixed location for a specific season or portion of the year only, not to exceed six months in any calendar year, that operates from a stand or building which does not permit access to customers inside of the stand, and that limits its menu to snow cones, flavored shaved ice, prepackaged ice cream, non-alcoholic beverages or other such similar products.
SERVICES. The performance of labor for the benefit of another or at another’s command.
SOLICITOR. Any person who engages in a temporary business within the city limits and who solicits or attempts to solicit the sale or conveyance of any order for services, commercial goods, wares, merchandise, subscriptions, publications, food or products to be delivered at a future date or time, whether such activity is conducted at one or more fixed locations or by soliciting from house to house, business to business, street to street, or upon public property; a person shall be considered temporarily in business unless it is the intention of such person to establish a permanent business.
TEMPORARY FOOD ESTABLISHMENT. A food establishment operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
(‘88 Code, Ch. 4, § 3.01) (Ord. 338, passed 3-24-92; Am. Ord. 04-007, passed 5-11-04; Am. Ord. O-2005-007, passed 10-25-05)