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As used in this chapter, the following definitions shall apply:
APPLICANT: A person who applies for a permit as provided in this chapter.
MOBILE VENDING CART: A nonmotorized structure on wheels that is easily moved and is used for vending.
MOBILE VENDING LOCATION: An appropriate area to operate a mobile vending cart as determined and assigned by the city manager, or designee, in writing within the boundaries of city plaza and the 100, 200, and 300 blocks of Iowa Avenue for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authorization to operate at one or two (2) designated locations.
MOBILE VENDOR: Operator of mobile vending cart.
MOBILE VENDOR PERMIT: Written authorization by the city for use of public property, including public right of way, by a mobile vendor as provided in this chapter.
PEDESTRIAN: Any person traveling on foot or wheelchair.
PERSON: Any natural or corporate person, business association or other business entity including, but not limited to, a partnership, a sole proprietorship, a political subdivision, a public or private agency of any kind, a utility, a successor or assignee of any of the foregoing, or any other legal entity.
PUBLIC RIGHT OF WAY: The area on or below a public roadway, highway, street, bicycle lane, alley, and public sidewalk which is designed for vehicular, bicycle or pedestrian travel and dedicated to public use, including "city plaza" as defined in chapter 5 of this title.
RESTAURANT: A business whose primary function is the service of food to customers and which meets the following criteria:
A. Prepares meals on the premises and provides meal service to each floor of the premises which is open to the public while the kitchen is open;
B. Has a food service menu from which customers may order;
C. Has an employee whose primary duty is the preparation of food and an employee whose primary duty is to serve food to customers;
D. Has a kitchen separate from the bar equipped with all of the following: a stove, a griddle, a grill or broiler, and a food refrigeration unit with a capacity in excess of twenty (20) cubic feet;
E. Operates the restaurant service during at least sixty percent (60%) of the hours that the business is open to the public; and
F. Holds itself out to be a restaurant and advertises itself as a restaurant if it advertises.
G. Includes a cafe, cafeteria, coffee shop, delicatessen, ice cream shop, lunchroom or tearoom.
SIDEWALK: The improved portion of public right of way dedicated to and/or intended primarily for pedestrian use.
SIDEWALK CAFE: An outdoor area located temporarily on a public right of way, pursuant to an agreement, contiguous with any side of a building wherein a restaurant is located and where food and beverages are taken for consumption by persons sitting or standing at tables in that area.
TEMPORARY USE OF SIDEWALK PERMIT: Written authorization by the city for use of sidewalk as provided in this chapter. (Ord. 95-3676, 5-9-1995; amd. Ord. 97-3764, 1-14-1997; Ord. 97-3790, 6-18-1997; Ord. 03-4067, 4-8-2003; Ord. 04-4125, 5-4-2004; Ord. 06-4195, 1-17-2006; Ord. 07-4278, 9-4-2007; Ord. 12-4476, 4-17-2012)