§ 114.10 DEFINITIONS.
   For purposes of this Chapter, the following words or phrases shall have the following meanings:
   CERTIFIED FARMERS' MARKET. A location operated in accordance with Chapter 10.5 of Division 17 of the Cal. Food and Agricultural Code and any regulations adopted pursuant to that chapter.
   DIRECTOR. The City Manager or his or her designee.
   ENFORCEMENT OFFICIAL. The City Manager, the Chief of Police, or either of their designees who is charged with enforcing the Indio Code of Ordinances.
   FOOD or FOOD PRODUCTS. Any item described by Cal. Health and Safety Code § 113781.
   GOODS or MERCHANDISE. Any item that is not food or a food product and can be sold and immediately obtained from a sidewalk vendor. Items for rent, subscription plans, and other services shall not be considered goods or merchandise.
   HEARING OFFICER. A person selected by the City Manager to conduct an administrative hearing that has no bias or pecuniary interest in the matter to be heard.
   PERSON. One or more natural persons, groups, businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnership, entities, associations, clubs, or organizations composed of two or more individuals (or the manager, lessee, agent, servant, officer, or employee of any of them), whether engaged in business, nonprofit, or any other activity.
   ROAMING SIDEWALK VENDOR. A sidewalk vendor who moves from place to place and stops only to complete a transaction.
   SIDEWALK VENDOR. Any person who vends from a vending cart or from one's person, upon a public sidewalk, parkway, pedestrian path, or other public right-of-way available to pedestrians.
   STATIONARY SIDEWALK VENDOR. A sidewalk vendor who vends from a fixed location.
   SWAP MEET. A location operated in accordance with Article 6 of Chapter 9 of Division 8 of the Cal. Bus. & Prof. Code, and any regulations adopted pursuant to that article.
   TEMPORARY SPECIAL PERMIT. Any permit issued by the City for the temporary use of, or encroachment on, the sidewalk or any other public area, including, but not limited to, an encroachment permit, special event permit, or temporary use permit, for purposes including, but not limited to, filming, parades, festivals, or outdoor concerts.
   VEND OR VENDING. To sell, offer for sale, display for sale, or solicit offers to purchase, food, food products, beverages, goods, or merchandise.
   VENDING CART. Any pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for vending, that is not a vehicle as defined in the Cal. Vehicle Code.
   VENDING VEHICLE. Any self-propelled, motorized device or vehicle that is used for vending and by which any person or property may be propelled or moved upon a highway, excepting a vending cart or other device moved exclusively by human power.
   VENDING VEHICLE OPERATOR. Any person that operates or assists in the operation of a vending vehicle.
   VENDOR. A person who vends from a vending cart, from one's person, or from a vending vehicle, including an employee or agent of another.
(Ord. 1767, passed 12-15-21)