For the purpose of this Article 5.9, the following words and phrases have the following meanings:
Administrative Citation. An administrative fine for a violation of this Article 5.9, as described in Section 5.9-11.
Certified Farmers’ Market. A farmers’ market operated in accordance with California Health Code Section 440(d) and Chapter 10.5 (commencing with section 47000) of Division 17 of the California Food and Agricultural Code, as each may be amended, and any implementing regulations.
City. The City and County of San Francisco.
Department. The Department of Public Works.
Director. The Director of the Department of Public Works or the Director’s designee.
Enforcement Official. Officers, employees, and contractors of the Department, and of such other departments and agencies of the City that the Director authorizes to assist in carrying out enforcement functions in a Memorandum of Understanding or otherwise.
Food. Any pre-packaged food, foodstuffs, confectionary, condiment, or beverage for human consumption that a Vendor is reselling in its original packaging.
Merchandise. Any item that is neither Food, nor unpackaged food, nor food that is cooked or prepared onsite, and that is not an art or craft regulated under Article 24 (Regulating Street Artists) of the Police Code.
Notice of Violation. A Notice of Violation for a violation of this Article 5.9, as described in Section 5.9-11.
Roaming Vendor. A Vendor that moves from place to place and stops intermittently to complete a Vending transaction.
Rules and Regulations. The Rules and Regulations of Vendors as described in Section 5.9-8 of this Article.
Sidewalk Vendor. Sidewalk Vendor has the meaning set forth in California Government Code Section 51036, as it may be amended.
Stationary Vendor. A Vendor that Vends from one or more fixed locations.
Swap Meet. A swap meet operated in accordance with Article 6 (commencing with section 21660) of Chapter 9 of Division 8 of the California Business and Professions Code, as it may be amended, and any regulations adopted in accordance with that chapter, as they may be amended.
Vend (and variations such as Vends, Vending). To sell, offer for sale, expose or display for sale, solicit offers to purchase or lease, or barter Food or Merchandise. Vending includes offering free samples of Food or Merchandise that are also for sale, negotiating fees for Food or Merchandise, or soliciting customers to enter into commercial agreements.
Vendor. A person or entity that Vends Food or Merchandise from a pushcart, pedal-driven cart, wagon, or other nonmotorized conveyance, or from one’s person or a stand, display, showcase, table, rack, or other movable structure. The term Vendor includes but is not limited to Roaming Vendor, Sidewalk Vendor, and Stationary Vendor. In addition, if a Vendor Vends as an employee or agent of another person or entity, that person or entity is also a Vendor. The term Vendor does not include a person or entity that Vends from a Mobile Food Facility as defined by Public Works Code Section 184.80.