When used in this chapter, unless a different meaning clearly appears from context, the words stated in this section shall have the following meanings:
"Business tax certificate" means a business tax certificate as is required by Visalia Municipal Code Chapter 5.04. Sidewalk vendors are required to obtain both a business tax certificate and a sidewalk vendor permit to operate.
"Food" is defined as any type of edible substance or beverage.
"Person" one or more natural persons, individuals, group businesses, business trusts, companies, corporations, joint ventures, joint stock companies, partnerships, entities, associations, clubs, or organizations whether engaged in business, either for profit or nonprofit.
"Public right-of-way vendor encroachment permit" a specific part of the sidewalk vendor permit required for stationary sidewalk vendors which describes the specific site location used by the stationary vendor, what the stationary vendor will be placing in the public right-of-way, the area that the stationary vendor is required to keep free from debris and trash, and an acknowledgment by the stationary vendor that they are subject to closure if the city requires the use of the space for a municipal purpose.
"Mobile cart" means a piece of equipment used for vending, which is mobile, has no motorized wheels and is capable of being propelled by a single person. A mobile cart can include but is not limited to pushcarts, pedal driven carts, wagons, or other types of nonmotorized conveyances.
"Public right-of-way" means areas or properties owned or held by the City of Visalia that are open to the general public for pedestrian travel and public parks.
"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" is the permit issued by the City of Visalia 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, mobile food venders (motorized vehicles) temporary business/itinerant vendor, or special event vendors that are permitted/licensed under separate provisions of the Visalia Municipal Code. Sidewalk vendors are required to obtain both a business tax certificate and a sidewalk vendor permit to operate.
"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" 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 folding tables. The term stationary does not include trailers that can be pulled by a motorized vehicle and licensed by the Department of Motor Vehicles; this type of equipment shall be considered a mobile food vendor and is subject to separate provisions of the Visalia Municipal Code.
"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 locations at their locations.
"Vend" or "Vending" to sell, offer for sale, expose, or display for sale, solicit offers to purchase, or to barter food or merchandise.
(Ord. 2019-05 § 3 (part), 2019)