For the purposes of this chapter:
Commercial vending vehicleshall mean any vehicle, as that term is defined in the
California Vehicle Code, which is equipped or primarily used for retail sales of fruits, vegetables or produce or non-food sundries, including but not limited to goods, wares or merchandise, and/or prepared, prepackaged, unprepared, unpackaged food of any kind or any goods, wares or merchandise on any public street, alley or highway or private street or alley within the City of Costa Mesa. The inventory of these vehicles is not necessarily limited to edible items and may include non-food sundries. A human powered device is not a commercial vending vehicle.
Goods or merchandiseincludes items and products of every kind and description, including all foods, produce and beverage items.
Human powered deviceshall mean any device moved by human power, including but not necessarily limited to any pushcart, wagon, bicycle as defined in section 10-4(a), tricycle, grocery cart, or other wheeled container or conveyance.
Mobile vendorshall mean any person as defined in this chapter who:
(1) Owns, controls, manages and/or leases a commercial vending vehicle; and/or
(2) Contracts with a person(s) to drive, operate, prepare foods and/or vend from a commercial vending vehicle.
Operatoras used in this chapter, shall mean any and all person(s) who drive, operate, prepare foods and/or vend from a commercial vending vehicle.
Personshall mean any natural person, firm, partnership, association, corporation, or other entity of any kind or nature.
Public propertyshall mean any real property, or interest therein, owned, leased, operated, or otherwise controlled by the City of Costa Mesa other than a street, alley, parkway or sidewalk.
Restockingshall mean any transfer of goods or merchandise to a commercial vending vehicle from any other person or vehicle and includes, but is not limited to loading and delivery.
Risk managershall mean the city's risk manager or their designee.
Vend or vendingas used in this chapter means soliciting, displaying, or offering, moving or standing of a commercial vending vehicle for the purpose of searching for, obtaining or soliciting retail sales of produce, fruits, vegetables, prepared or unprepared food, repackaged or unpackaged food or non-food sundries of any kind or any goods, wares, or merchandise for sale or barter or exchange from a vehicle on a public or private street, alley, highway or public place within the city.
(Ord. No. 97-12, § 3, 5-5-97; Ord. No. 2024-09, 7/16/2024)