As used in this chapter, the following terms and phrases shall have the meaning ascribed to them in this part, unless the context in which they are used clearly requires otherwise. If a term or phrase is not defined in this part, or elsewhere in this code, the most common dictionary definition is presumed to be correct.
ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced pursuant to Business and Professions Code section 23003.
ALCOHOLIC BEVERAGE. Includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains 0.5% or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances pursuant to Business and Professions Code section 23004.
CODE or MMC. The City of Menifee Municipal Code.
DIRECTOR. The Community Development Director of the City of Menifee or his or her designee.
FARMERS' MARKET. A location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter, or any successor chapter.
FOOD. Any item provided in Health and Safety Code Section 113781, or any successor section.
FOOD VENDOR. Any restaurant or retail food vendor located or operating within the city, including any sidewalk vendor that sells food.
HEARING OFFICER. The City Manager or his or her designee.
HEATING ELEMENT. Any device used to create heat for food preparation.
MERCHANDISE. Any item(s) that can be sold and immediately obtained from a sidewalk vendor which is not considered food. Items for rent shall not be considered MERCHANDISE.
PARK. Any area dedicated or established as a public park.
PATHWAY. A paved or improved path or walkway developed primarily for pedestrian travel, other than a sidewalk. PATHWAY does not include emergency shoulders abutting paved roadways and highways throughout the city. Such emergency shoulders are designated for vehicles to pull over in the event of an emergency only.
PERSON. All domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the city.
PUBLIC PROPERTY. All property owned or controlled by the city, including, but not limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and walking trails.
RESIDENTIAL. Any area zoned exclusively as residential in Title 9 of this code.
ROAMING SIDEWALK VENDOR. A sidewalk vendor who moves from place-to-place and stops only to complete a transaction.
SIDEWALK. That paved or improved portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation developed primarily for pedestrian travel. SIDEWALK does not include emergency shoulders abutting paved roadways and highways throughout the city. Such emergency shoulders are designated for vehicles to pull over in the event of an emergency only.
SIDEWALK VENDING RECEPTACLE. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance used for sidewalk vending activities.
SIDEWALK VENDOR or VENDOR. A person(s) who sells food or merchandise from a sidewalk vending receptacle or from one's person, upon a public sidewalk or pathway.
SIDEWALK VENDOR ACTIVITIES or SIDEWALK VENDING ACTIVITY. Actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, installation, placement, or maintenance of any sidewalk vendor receptacles.
SPECIAL EVENT. Any temporary permitted event approved by the city.
STATIONARY SIDEWALK VENDOR. A sidewalk vendor who vends from a fixed location.
STREET. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.
SWAP MEET. A location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that chapter, or any successor chapter.
VENDING. The offering or displaying for sale or selling of any food, merchandise, goods, or wares.
(Ord. 2018-263, passed 12-19-2018)