19.37.020 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

"Class 1 mobile vendor," also referred to as an "ice cream truck," means a motor vehicle engaged in the curbside vending or sale of frozen or refrigerated desserts, confections, ice cream, or prepackaged candies, prepackaged snack foods, or soft drinks, primarily intended for the sale to children under twelve years of age. Class 1 mobile vendors typically roam residential neighborhoods in search of customers.

"Class 2 mobile vendor," also referred to as a "food truck," means any vehicle, as that term is defined in the California Vehicle Code, which is equipped and primarily used for preparing, cooking, and selling food. These vehicles are not necessarily limited to edible items and may also sell non-food sundries as an accessory item to food sales. This type of vendor may roam among sites for less than one hour per stop or may remain in one location for one hour or more.

"Class 3 mobile vendor" means a mobile business that sells non-edible goods or provides services to multiple customers in a business day at a single location. Examples of this type of vendor include mobile florists, mobile salons, or mobile dog grooming. All Class 3 vendors must obtain a temporary outdoor promotion permit (Municipal Code Section 5.05.045).

"Fixed location" means a place on private property that the mobile vendor is parked for more than one hour.

"Mobile vending vehicle" means any vehicle that is used for the purposes of providing sales of products or services as defined in this chapter.

"Mobile vendor" means an individual or business that owns or operates a mobile service or vending vehicle.

"Operator" means any person or entity that:

1. Owns, controls, manages, and/or leases a mobile service or vending vehicle; and/or

2. Contracts with any person(s) to drive, operate, prepare food in, and/or vend from, a mobile vending vehicle; and/or

3. Drives, operates, prepares food in, or vends from, a mobile vending vehicle.

"Permit" means the business license or entitlement approval required under this chapter or any other chapter of this code.

"Person" means any natural person, firm, partnership, association, corporation, or other legal entity of any kind or nature.

"Restocking" means the transfer of food, goods or merchandise to a mobile vending vehicle from any other person or vehicle and includes, but is not limited to, loading and delivery of food, goods and merchandise.

"School" means any public and/or private school in which instruction is given in any or all grades through grade twelve.

"Vend" or "vending" means soliciting, displaying, or offering produce, prepared or unprepared food, non-food sundries, and/or services of any kind for sale or barter or exchange from a mobile vending vehicle in a public place within the city. "Vend" or "vending" includes the movement or standing of a food vending vehicle for the purpose of searching for, obtaining and/or soliciting retail sales or produce, prepared food, or non-food sundries, including, but not limited to, goods, wares, or merchandise.