It is the purpose and intent of the city council in enacting
the ordinance codified in this chapter to provide responsible companies
and individuals who engage in the operation of street vending, sidewalk
vending and peddling with clear and concise regulations to protect
against unsafe conditions and health, safety or welfare concerns of
the community that result from the operation of street vendors, sidewalk
vendors, and peddlers. It is the intent of the city to prevent safety,
traffic, and health hazards, as well as to preserve the safety, and
welfare of the community, and to promote vendor accountability.
(Ord. 1582 § 5, 2019)
For the purposes of this chapter, unless the context clearly
indicates otherwise, certain words and phrases used in this chapter
are defined as follows:
“Business”
means all professions, trades and occupations whether or
not carried on for profit and any activity subservient to, supportive
of, or done in conjunction with the operation of a regularly licensed
business.
“Certified farmers’ market”
means 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.
“Goods or merchandise”
means items and products of every kind and description, including
all food, produce and beverage items.
“Human-powered device”
means any device moved by human power, including, but not
limited to, any pushcart, stand, display, pedal-driven cart, showcase,
wagon, bicycle, tricycle or other nonmotorized conveyance.
“License”
means a business license issued by the city pursuant to this
title.
“Operator”
means any person owning, operating or otherwise controlling
any business involving the vending of goods or merchandise from a
vehicle.
“Peddler”
means any person going from house to house or place to place
within the city selling and making immediate delivery or offering
for the immediate sale and delivery any goods or merchandise, or anything
of value, from the person of the peddler, except such goods and merchandise
sold and delivered to manufacturers, wholesalers, jobbers or retailers,
for the purpose of resale.
“Permit”
means a vending permit issued by the city to street or sidewalk
vendors or peddlers pursuant to this chapter.
“Person”
means any natural person, firm, partnership, association,
corporation or other entity of any kind or nature.
“Sidewalk”
means that area of improved real property between any curb
face and the property line of adjoining real property legally open
for public access.
“Sidewalk vendor”
means any person who engages in the act of vending on a public
sidewalk or pedestrian path from one’s person, a human-powered
device, or who otherwise operates any such human-powered device for
the purpose of vending therefrom.
“Solicitor”
means a person who engages in the business of going from
house to house or place to place within the city selling or taking
orders for, or offering to sell or take orders for, goods, wares,
merchandise or other things of value for future delivery or for the
services to be performed in the future.
“Street vendor”
means any person who engages in the act of vending on streets
from a vehicle, or who drives or otherwise operates any such vehicle
for the purpose of vending therefrom.
“Swap meet”
means 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 article.
“Vehicle”
means as defined in the California
Vehicle Code, but shall
not include human-powered devices as defined in this chapter.
“Vend or vending”
means the sale or offering for sale of any goods or merchandise
to the public from one’s person, a vehicle, or a human-powered
device.
“Vending vehicle”
means any vehicle as defined in this chapter, used for the
purposes of selling or offering for sale goods or merchandise to the
public. Vending vehicles shall include, but not be limited to, any
catering truck, lunch wagon, eating car, van or trailer.
(Ord. 1582 § 5, 2019)