As used in this chapter, the following terms shall mean:
ACCESSORY EQUIPMENT
Any item, furniture or piece of equipment which has been
placed or fixed in place outside the exterior of a mobile vending
unit, but which may be detached from the mobile vending unit. These
items include, but are not limited to, tables, benches, storage equipment
and generators.
ADVERTISING
Methods used to attract attention to the event, company,
organization, and/or product.
ANNUAL PERMIT
A permit that is valid for one year from the date the permit
is issued.
APPLICANT
Any person, firm, corporation or proprietor applying for
a door-to-door sales, mobile vendor or facility use and event permit.
CANVASSER
Any person whose primary purpose is to enlist support for
or against a particular religion, philosophy, ideology, political
party, issue or candidate, or to conduct opinion sampling.
CITY-SPONSORED COMMUNITY EVENT
An event that is sponsored and operated by the City of Papillion
or an event where the City is a sponsoring partner of the event. Participation
in City-sponsored community events requires completion and approval
of a separate application and does not require a permit listed in
this chapter.
DAILY PERMIT
A permit that is valid for one day during the designated
hours of the permit issued.
DOOR-TO-DOOR SALES
The process in which a person goes house to house, door to
door, business to business, street to street, or any other type of
place-to-place movement for the purpose of obtaining or attempting
to obtain orders or sales for goods, wares, products, merchandise,
or services of which he/she may be carrying, transporting, or providing
samples of, or that may be described in a catalog or by other means
and for which delivery or performance shall occur at a later time.
The absence of samples or catalogs shall not remove a person from
the scope of this provision if the actual purpose of the person's
activity is to obtain or attempt to obtain sales orders.
EVENT
A.
An occasion or activity whereby:
(1)
More than 100 people are expected to gather; or
(2)
More than one vendor gathers to conduct business on City-owned
property for a set date(s) and time(s) for a period of time not to
exceed 10 consecutive calendar days; or
(3)
The event is open to the public or a registration, entrance
or participation fee is charged; or
(4)
As administratively determined to be necessary for any specific
City-owned property.
B.
This definition shall exclude occasions or activities and participants
in City-sponsored community events and sporting tournaments.
INDIVIDUAL ENTREPRENEURIAL ENDEAVOR
Sales activities by:
A.
Unpaid or otherwise not compensated grade, junior high and high
school students specifically designed to fundraise for school, nonprofit,
and other service group functions and operations, which are sponsored
and authorized by such school and/or organization; and
B.
Grade, junior and high school students on behalf of their sole
proprietorship.
MOBILE VENDING UNIT
Any vehicle, cart, street stand, or other temporary contrivance
with wheels from which street sales are made or offered to be made,
and which may be moved from place to place for the purpose of making
or offering to make street sales and which does not have permanent
structures attached or affixed to the unit.
MOBILE VENDOR
A person, firm, corporation or nonprofit that engages in
any of the following types of activities, excluding participants in
City-sponsored community events:
A.
Any farmers, growers or others who produce, hawk or peddle products
of the farm, fruit or other staples of food or who sell or offer to
sell any commodity or articles of commerce or trade who park their
mobile vending units or erect a place of business for the purpose
of selling said products or services;
B.
Any person(s) who travels from street to street, upon public
or private property, carrying, conveying or transporting items or
services and offering and exposing the same for sale by hand or from
a mobile vending unit; or
C.
Any person(s), whether owner, agent, bailee, consignee or employee,
who temporarily engages in business out of a vehicle, trailer, boxcar,
tent, other portable shelter, or empty storefront for the purpose
of exposing or displaying for sale, selling or attempting to sell
food or beverages, goods, wares, products, merchandise, services or
other personal property within the City limits.
PERMIT OPERATOR
A person, firm, corporation or nonprofit that is engaged
in the operations of the permitted business within the permit operating
area on behalf of the permittee.
PERMITTEE
A person, firm, corporation or nonprofit that is granted
a permit under this chapter.
PERSON or PERSONS
Any natural person, or any firm, proprietorship, partnership
or corporation.
REGULAR BUSINESS DAY
Any day during which City Hall is normally open for the purpose
of conducting public business.
RIGHT-OF-WAY
A strip of land taken or dedicated for use as a public way.
In addition to the roadway, it normally incorporates the curbs, lawn
strips, sidewalks, lighting and drainage facilities, and may include
special features (required by the topography or treatment), such as
grade separation, landscaped areas, viaducts and bridges.
TEMPORARY
Lasting for a limited amount of time, not to exceed a six-month
period of time.