Chapter 5.92 Mobile Vending
Section 5.92.020 Definitions
For the purposes of this Chapter:
(A) Chief of Police - shall mean the Police Chief or
his or her designee.
(B) Planning & Building Director - shall mean the
Director of the Planning & Building
Departments or his or her designee.
(C) City Attorney - shall mean the City Attorney or
his or her designee.
(D) Finance Director/Treasurer - shall mean the City
Finance Director/Treasurer or his or
her designee.
(E) Goods or Merchandise - includes items and products
of every kind and description,
including all foods, produce, and beverage items.
(F) Human Powered Device - shall mean any device moved
by human power including but
not necessarily limited to any pushcart, wagon, bicycle, tricycle, grocery cart, or other wheeled
container or conveyance.
(G) Ice Cream Truck(s) BB shall mean a motor vehicle
engaged in the curbside vending or
sale of frozen or refrigerated desserts, confections, or novelties commonly known as ice cream,
or prepackaged candies, prepackaged snack foods, or soft drinks.
(H) Mobile Vending Vehicle - shall mean any vehicle,
as defined below, which is equipped
or primarily used for retail sales of fruits, vegetables or produce, and/or prepared, pre-packaged,
or unprepared, unpackaged food of any kind on any public street, alley or highway or private
street or alley within the City of Tulare. 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 mobile
vending vehicle.
(I) Mobile Vendor - shall mean any person, as defined
in this section, who:
1. Owns, controls, manages and/or leases a vending vehicle;
and/or
2. Contracts with a person(s) to drive, operate, prepare
foods and/or vend from a food-vending vehicle.
(J) Operator - as used in this Chapter shall mean any
and all person(s) who drive, operate,
prepare foods and/or vend from a food-vending vehicle.
(K) Permit - shall mean a permit issued by the Police
Department, the Fire Department or a
tax certificate issued by the Finance department
(L) Person - shall mean any natural person, firm, partnership,
association, corporation, or
other entity of any kind or nature.
(M) Public property - shall mean any real property,
or interest therein, owned, leased,
operated, or otherwise controlled by the City of Tulare other than a street, alley, parkway or
sidewalk.
(N) Restocking - shall mean any transfer of goods or
merchandise to a mobile vending
vehicle from any other person or vehicle and includes, but is not limited to loading and delivery.
(O) Risk Manager - shall mean the Citys Risk Manager
or his or her designee.
(P) Vehicle - Pursuant to California Vehicle
Code Section 670, vehicle shall mean a device
by which any person or property may be propelled, moved, or drawn upon a highway, excepting
a device moved exclusively by human power or used exclusively upon stationary rails or tracks.
(Q) Vend or Vending - 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 vehicle on a public or private street, alley, highway or
public place within the City of Tulare and includes the movement or standing of a vending
vehicle for the purpose of searching for, 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.
(R) Vendor - shall mean any person who engages in the
act of vending from a vehicle or
who drives or otherwise operates any such vehicle for the purpose of vending therefrom.