For purposes of this chapter, the following words and phrases shall have the meaning as set forth herein below:
CITY BUSINESS LICENSE. Means a business license as is required by Tulare Municipal Code Chapter 5.04.070. Sidewalk vendors are required to obtain both a business license and a sidewalk vendor permit to operate.
PERMITTED SPECIAL EVENT. An event, whether annual or one-time, that has an approved special event permit issued by the office of the City Clerk, or granted approval by the Director of Community Services or Director of Community and Economic Development. Such events can include, but are not limited to downtown civic events, and events held at the Tulare County Fairgrounds, or International Agri-Center.
PRIVATE SIDEWALKS or PRIVATE YARDS. Refers to private property suitable for stationary vending stands which is not encumbered by parking spaces, driveways, vehicular pathways, landscape areas and building sites.
PUBLIC SIDEWALK. Shall mean area or properties owned or held by the City of Tulare that are open to the general public for pedestrian travel.
ROAMING SIDEWALK VENDOR. Means a sidewalk vendor who moves from place to place and stops only to complete a transaction. A roaming sidewalk vendor does not include a peddler or solicitor that makes uninvited entry onto private property for the purpose of selling goods or services or requesting/collecting donations.
SIDEWALK VENDOR. Means a person who sells food or merchandise from a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. As described in this chapter, sidewalk vendors can be classified as roaming vendors or stationary vendors.
SIDEWALK VENDOR PERMIT. Means the permit issued by the City of Tulare under this chapter and required for a sidewalk vendor to operate within the city limits. This type of permit is not the same permit required for door-to-door peddlers/solicitors that are permitted/licensed under separate provisions of the Tulare Municipal Code, nor the same type of permit for stationary mobile vendors, which require a conditional use permit. Sidewalk vendors are required to obtain both a City of Tulare business license and a sidewalk vendor permit to operate. For stationary sidewalk vendors the permit shall describe the specific site location used by the stationary sidewalk vendor, what the stationary sidewalk vendor will be placing in the public right-of-way, the area the stationary sidewalk vendor is required to keep free from debris and trash, and an acknowledgment by the stationary sidewalk vendor that they are subject to closure if the city requires the use of the space for a municipal purpose.
SPECIAL EVENT. Means a parade, march, procession, pageant, review, ceremony, festival, assembly, or exhibition consisting of persons, animals, or vehicles, or a combination thereof which is conducted in, or would impact, any portion of any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city that required or involved the issuance of a permit for such usage by the city.
STATIONARY CART/VENDOR STAND. Means equipment used for vending which has no motorized wheels and is not otherwise mobile once it has been transported and is set in a location for vending. This includes any table, bench, rack, hand cart, or push cart. The term stationary does not include trailers that are pulled by a motorized vehicle and licensed by the Department of Motor Vehicles; this type of equipment shall be considered a stationary mobile vendor.
STATIONARY MOBILE VENDOR. As used in this chapter means soliciting, displaying, or offering produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries of any kind for sale or barter or exchange from a mobile vending
vehicle on private property within the City of Tulare and includes the standing of a mobile vending vehicle or trailer for the purpose of obtaining or soliciting retail sales of produce, fruits, vegetables, prepared food, pre-packaged food or non-food sundries, including but not limited to goods, wares, or merchandise.
STATIONARY SIDEWALK VENDOR. Means a sidewalk vendor who vends from a fixed location. This does not include restaurants or businesses at fixed locations that, pursuant to applicable rules and regulations for food safety and right-of-way encroachment, set up temporary outdoor sales at their locations.
VENDOR. Shall mean an individual, including any employee or agent of a group of individuals, partnership, non-profit organization, or corporation, who sells or offers to sell food, beverages, goods or merchandise from a stationary vendor stand on any public sidewalk or private sidewalk open to the public.
(Ord. 19-07, passed 11-19-2019)