Sec. 961-103. - Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
Beverage means any nonalcoholic liquid, hot or cold, intended for use in whole or in part for human consumption.
Cart means both:
(1) A wheeled device, not propelled by a motor, no larger than six (6) feet in length, three (3) feet in width and five (5) feet in height (exclusive of canopy), constructed so an operator may not stand on or in the device; however, the dimensional limitations provided in this definition shall not apply to carts located in a commercial transaction zone; and
(2) In a commercial transaction zone only, a stand from which food, frozen food, flowers or other merchandise is sold or offered for sale by a person.
Central city means the geographic area bounded on the north by 16th Street, on the east by East Street and Central Avenue, on the south by South Street, and on the west (going from south to north) by West Street, West Washington Street, White River, and Fall Creek.
City property means all outdoor areas which are owned, or leased as lessee, by the city or one (1) of the city's departments, or upon which the city or one (1) of its departments has an easement or right-of-way including, but not limited to, streets, sidewalks, plazas or other areas adjacent to buildings owned by the city or by one (1) of its departments.
Commercial transaction zone means one (1) of the geographic areas designated under Article IV of this chapter.
Flowers means any fresh-cut flower or live plant.
Food means any raw, cooked or processed edible substance or beverage intended for use in whole or in part for human consumption, other than frozen food.
Franchise zone means one (1) of the geographic areas designated under Article III of this chapter.
Frozen food means any food preserved and sold in a frozen solid state.
Merchandise means:
(1) All wares and commercial products or services which merchants routinely buy, sell and offer, except food, frozen food and flowers; and
(2) Which in the case of products are of a size that can readily be displayed or contained in or upon a cart.
Nonprotected franchise zone means a franchise zone which was not protected by a licensee at the last annual drawing under section 961-303.
Own or have an interest in means directly or indirectly to control or have any influence over the management or operation of more than twenty (20) percent of the legal title or beneficial interest in the profits of a cart licensed under this chapter.
Protected franchise zone means a franchise zone which a licensee protected at the last annual drawing under section 961-303.
Special event an event listed in section 961-501(a) of this chapter, or a community outdoor gathering which is held on or makes use of city property, and which is designated and authorized pursuant to Article V of this chapter.
Special event sponsor means an organization that is responsible for and undertakes the planning, organization or execution of a special event.
Vendor's cart license means a franchise zone license, a commercial transaction zone license, or a special event license issued under this chapter.
(G.O. 215, 1995, § 1; G.O. 1, 2005, § 2)
