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52

5.16.010 - Definitions.

Part of the Code of Ordinances of Commerce, CA.

Local law · Updated May 13, 2025 · 2,277 sections

The text

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows: (1)

"Certified farmers' market" means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agriculture Code and any regulations adopted pursuant to that chapter.

(2)

"Compact mobile food operation" means a mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.

(3)

"Director" means the director of finance or his or her designated representative.

(4)

"Conveyance" means any non-motorized wheeled device used to carry persons or property and includes pushcarts, pedal-driven carts, and wagons.

(5)

"Food" means any item provided in Health and Safety Code Section 113781, as the same may be amended from time to time.

(6)

"Food truck" means a motorized vehicle specifically equipped for the sale of food or beverages used for vending purposes.

(7)

"Food truck vendor" means a person who vends food or beverages using a food truck.

(8)

"Goods" means, items, personal property, merchandise, or any other similar items that are generally sold, including food and beverages.

(9)

"High-traffic intersections" means Washington Boulevard and Atlantic Boulevard, Washington Boulevard and Eastern Avenue, Telegraph Road and Eastern/ Washington Boulevard, Garfield Avenue and Washington Boulevard, Telegraph and Garfield, Slauson Avenue and Eastern Avenue, Slauson Avenue and Garfield Avenue, and Triggs Street and Atlantic Boulevard.

(10)

"Limited food preparation" means food preparation that is restricted to one or more of the following:

(A)

Heating, frying, baking, roasting, popping, shaving of ice, blending, steaming, or boiling of hot dogs, or assembly of nonprepackaged food.

(B)

Dispensing and portioning of nonpotentially hazardous food or dispensing and portioning for immediate service to a customer of food that has been temperature controlled until immediately prior to portioning or dispensing.

(C)

Holding, portioning, and dispensing of any foods that are prepared for satellite food service by the onsite permanent food facility or prepackaged by another approved source.

(D)

Holding, portioning, and dispensing of any foods that are prepared by a catering operation.

(E)

Slicing and chopping of nonpotentially hazardous food or produce that has been washed at an approved facility or slicing and chopping of food on a heated cooking surface during the cooking process.

(F)

Cooking and seasoning to order.

(G)

Juicing or preparing beverages that are for immediate service, in response to an individual consumer order, that do not contain frozen milk products.

(H)

Hot and cold holding of food that has been prepared at an approved permanent food facility.

(I)

Reheating of food that has been previously prepared at an approved permanent food facility and held at temperatures required by this chapter.

(11)

"Motorized conveyance" shall mean a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other conveyance with any form of non-human assisted propulsion.

(12)

"Mobile food facility" means any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer.

(13)

"Nonmotorized conveyance" shall mean a pushcart, stand, display, pedal driven cart, wagon, showcase, rack, or other nonmotorized conveyance which solely uses human power for movement.

(14)

"Owner" means any person who owns, operates, controls, manages, or leases one or more nonmotorized conveyance for the purpose of vending food or merchandise, including the vending of food or merchandise from one's person, and:

(A)

Conducts, permits, or causes the vending of food or merchandise from a nonmotorized conveyance, or from one's person; or

(B)

Contracts with persons to vend food or merchandise from a nonmotorized conveyance, including the vending of food or merchandise from one's person.

(15)

"Parkway" means that portion of a street or highway, other than the roadway or the sidewalk, and is generally identified as the space between the street and the sidewalk, or street medians.

(16)

"Pathway" means a paved path or walkway owned by the city or other public entity that is specifically designed for pedestrian travel, other than a sidewalk.

(17)

"Pedestrian path" means a pathway or walkway, other than a sidewalk, that is owned by the city and is specifically designed for pedestrian travel. Pedestrian path shall not include any private property or areas not traditionally used or designated for pedestrian travel, such as the street, driveways, and commercial parking lots.

(18)

"Portable cooking equipment" means any gas-fueled appliance used to heat, cook, or prepare food or beverages on conveyance by a sidewalk vendor.

(19)

"Public property" means all property owned or controlled by the city, including, but not limited to, buildings, parks, pathways, parkways, sidewalks, roadways, streets, and parking lot.

(20)

"Public right-of-way" means the area dedicated to public use for street or pedestrian purposes, including privately owned and maintained roads within the city that are generally held open to the public for purposes of vehicular and pedestrian traffic and includes alleys, driveways, highways, medians, parkways, planter strips, roads, sidewalks, public alleys, parkways, public transportation paths, roadways, sidewalk, and streets that is owned, granted by easement, operated, or controlled by the city.

(21)

"Public park" means any property designated, dedicate, or developed by or on behalf of the city for park or open space use, including sidewalks and paths within the park or immediately adjacent to the park perimeter.

(22)

"Pushcart" means any humanly propelled wheeled vehicle which contains items for sale.

(23)

"Residential" means any area zoned exclusively as residential in Chapter 19.07 of this code or is designated exclusive for residential use as part of a conditional use permit, planned development permit, specific plan, residential overlay district, or equivalent.

(24)

"Roadway" means that portion of the street which is improved, designed, or ordinarily used for vehicular travel.

(25)

"Roaming sidewalk vendor" shall mean a sidewalk vendor who moves from place to place and stops only to complete a transaction.

(26)

"Sheriff's department" means the Los Angeles County sheriff's department or applicable law enforcement agency.

(27)

"Sheriff's station" means any facility located in the city where county of Los Angeles sheriff's vehicles and other equipment are housed.

(28)

"Sidewalk" means a public paved or hardscape path or walkway that is specifically designed for pedestrian travel. It excludes any area primarily designed for use by vehicles or the conveyance of storm water, any area planted with landscaping, or any area primarily consisting of dirt or sand.

(29)

"Sidewalk vendor" shall be defined in accordance with subsection (a) of Government Code section 51036 and shall mean a person who vends food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance or from one's person, upon a public sidewalk or other pedestrian path. This includes both roaming and stationary sidewalk vendors.

(30)

"Sidewalk vendor activities" or "sidewalk vending activity" means actions that qualify a person as a sidewalk vendor or actions done in or upon public rights-of- way in anticipation of becoming a sidewalk vendor such as, but not limited to, placement or maintenance of any sidewalk vendor facilities.

(31)

"Sidewalk vending facilities" or "sidewalk vendor facilities" means a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other non-motorized conveyance used for sidewalk vending activities.

(32)

"Sidewalk vendor permit" shall mean the permit issued by the director to any person operating as a sidewalk vendor for the purpose of vending food or merchandise. Such permit shall also include the inspection of the nonmotorized conveyance. Such permit shall be issued in accordance with this chapter.

(33)

"Stationary sidewalk vendor" shall mean a sidewalk vendor who vends from a fixed location.

(34)

"Street" means a way or place of whatever nature, publicly maintained, within city public right-of-way, and open to the use of the public for purposes of vehicular travel.

(35)

"Swap meet" means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

(36)

"Temporary special permit" means a permit issued by the city for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for the purposes including, but not limited to, filming, parades, athletic events, public assemblies, carnivals, festivals, and outdoor concerts.

(37)

"Vehicle vendor" means a person who vends from a motorized vehicle or unhitched trailer upon a public street, roadway, or highway.

(38)

"Vend" or "vending" means offering food, beverage, or product of any kind for sale from one's person or nonmotorized conveyance, whether moving or standing.

(Ord. No. 705, § 2, 1-15-2019; Ord. No. 807, § 2, 6-27-2023)