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In this Article, unless the context otherwise requires:

1. Applicant means any person who desires to conduct a mobile vending operation on a parcel of private land and who submits an application pursuant to this Article, including the person owning, operating and/or conducting the activity to be licensed.

2. City Clerk means the City Clerk of the City of Phoenix or her designee.

3. Designated agent means the person designated by the applicant or licensee to receive notices authorized by this ordinance on behalf of the applicant or licensee.

4. Disposable tableware means eating and drinking utensils made of paper and/or plastic that are disposed of after initial use.

5. Dwelling means any building with one or more rooms which are arranged, designed, or used for residential purposes and that contain independent sanitary and cooking facilities. The presence of cooking facilities conclusively establishes that the building is a dwelling.

6. Food means any products sold for human consumption, the sale of which is not prohibited by law.

7. Goods, wares or merchandise means any item of tangible personal property or other thing of value, excluding: motor vehicles of any description; large household appliances, such as refrigerators, stoves, dishwashers, washers and dryers; and food or seasonal items, such as Christmas trees or pumpkins, that are sold prior to holidays or traditional observances, such as Christmas or Halloween.

8. Licensee means an applicant who has obtained a license pursuant to this Article to conduct a mobile vending operation on private property.

9. Manager means the individual, who may be the licensee, who is principally in charge of the mobile vending operation and who is authorized to act on behalf of the licensee.

10. Mobile food vending unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which only food is peddled, vended, sold, served, displayed, offered for sale or given away.

11. Mobile food vendor means a person who sells, serves, offers for sale, or gives away only food from a mobile food vending unit parked or located on a private parcel of property. This term does not include a person who operates a mobile food vending unit that visits multiple private property sites on a daily basis for no more than thirty minutes per site per day.

12. Mobile vending operation means peddling, vending, selling, serving, displaying, offering for sale or giving away goods, wares or merchandise or food from either a mobile vending unit or a mobile food vending unit located on private property.

13. Mobile vending unit means any motorized or non-motorized vehicle, trailer, kiosk, pushcart, stand, display, blanket, ground covering or other device designed to be portable and not permanently attached to the ground from which any goods, wares, or merchandise other than food are peddled, vended, sold, served, displayed, offered for sale or given away. This includes any display consisting solely of the goods, wares or merchandise being peddled, sold, served, displayed or offered for sale.

14. Mobile vendor means a person who peddles, vends, sells, serves, displays, offers to sell or gives away goods, wares, or merchandise from a mobile vending unit which is parked or located on a parcel of private property. This term does not include a mobile vending unit that visits multiple private property sites on a daily basis for no more than thirty minutes per site per day.

15. Notarized permission form means any document containing, at a minimum, the following: notarized signature of property owner or authorized agent; notarized signature of mobile vendor; property address or Maricopa County parcel number; term of authorized use; nature of authorized use; and date of execution.

16. Operate means all of the functions set forth in the definition of mobile vending operation.

17. Person means a corporation, firm, partnership, association, organization, [or] limited liability company, as well as an individual.

18. Pushcart means a non-self-propelled vehicle designed to be readily moveable from which goods, wares or merchandise or food are sold.

19. School means a privately or publicly owned place of learning that includes elementary, middle or junior and high schools.

20. Semi-permanent structure means a structure that is built, or constructed, such as a building, walls or fence, benches, awnings or shade structures or any piece of work artificially built up or composed of parts joined together in some definite manner, which is attached or anchored to the ground and which is designed for the purpose of being disassembled, folded up, or portable.

21. Site as used in subsection 10-166(B)(1) means the property address or Maricopa County parcel number of the land where the mobile vending unit or mobile food vending unit will be located, which is required to be submitted to the City Clerk pursuant to subsection 10-163(11).

22. Structure means as defined in Section 202 of the City of Phoenix Zoning Ordinance.

23. Utensil means any implement used in the storage, preparation, transportation or service of food. (Ord. No. G-4299, § 1, 2000; Ord. No. G-4452, §§ 1—3, 2002)

Cross reference—Definitions and rules of construction generally, § 1-2.