§ 30-1400. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Assistant vendor means a person who assists a Vendor at the Vendor's assigned vending site.

Blind person means a person whose vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential. See O.C.G.A. § 49-4-51(b).

Designated food truck area means a geographic area designated in this article wherein permitted food truck vendors may vend either from available metered parking spaces in accordance with this article and in accordance with Division 3 of Chapter 150 of the City of Atlanta Code of Ordinances; or from spaces temporarily delineated, following the issuance of a weekly food truck vending pass pursuant to this article.

Disabled veteran means a resident of the state who may be either a war veteran or veteran of peace-time service as set forth below and such person must obtain a certificate of exemption issued by the state commissioner of veterans' service.

(1)

A war veteran must furnish satisfactory proof that the veteran has a physical handicap which is disabling to the extent of ten percent or more; that the veteran's service in the armed forces of the United States was terminated under conditions other than dishonorable; and that the veteran's service or some part thereof was rendered during a war period, as defined by an act of the Congress of the United States, approved March 20, 1933, entitled, "An Act to Maintain the Credit of the United States," and commonly known as PL 2, 73rd Congress; or that some part of the veteran's service was rendered on or after December 7, 1941 and before December 31, 1946; or that some part of the veteran's service was rendered on or after June 27, 1950 and before January 31, 1955; or that some part of the veteran's service was rendered on or after August 5, 1946, and before May 8, 1975. Proof of such ten percent disability shall be established upon the written certificate of two physicians as to such disability or by letter or other written evidence from the United States Department of Veterans Affairs stating the degree of disability or by written evidence from the branch of the armed forces of the United States in which such veteran served.

(2)

A veteran of peacetime service in the United States armed forces must furnish proof that the veteran has a physical disability to the extent of 25 percent or more incurred in the line of duty during the period of such service by a letter or other evidence from the United States Department of Veterans Affairs stating the degree of disability or by written evidence, from the branch of armed forces of the United States in which such veteran served, that the veteran's service in the armed forces of the United States was terminated under conditions other than dishonorable.

(3)

That disabled veterans and blind persons shall only have to show proof of their disability upon their initial application, as opposed to annually. If the current language of O.C.G.A. § 43-12-2 is amended, then this definition of disabled veteran shall be controlled by O.C.G.A. § 43-12-2, as amended.

Food truck means any motor vehicle used for vending of food items to the public from designated food truck areas.

Food vending cart means a vending cart at which prepared food, prepared non-alcoholic beverages, pre-packaged food and non-alcoholic pre-packaged beverages may be offered for sale.

Items permissible for sale means items which may be offered for sale by and are limited to tourist/traveler convenience items; third party published (non-adult) materials; non-alcoholic pre-packaged beverages; pre-packaged food; prepared food; prepared non-alcoholic beverages; spirit merchandise; and cut single stem or bunched flowers. Items permissible for sale shall not include any tobacco products.

Kiosk means a valid vendor location which is a fixed structure owned by the city, installed in the city's right-of-way. The city shall maintain the right to advertise in a kiosk and the city shall manage the maintenance of a kiosk, such maintenance to be covered by annual maintenance fees. The sale of prepared food and/or prepared non-alcoholic beverages shall not be permitted from a kiosk.

Licenses and permits unit means that unit of the Atlanta Police Department which enforces the ordinances applicable to public property vending or any other unit or division of the Atlanta Police Department assigned by the chief of police to undertake the duties of the license and permits unit.

Lottery-type selection process means the process by which persons shall be selected to submit an application for a vending cart or kiosk valid vendor location. There shall be no consideration required for participation in the lottery-type selection process in which persons wishing to submit applications for the valid vendor locations shall be required to place their names in a separate drawing for each valid vendor locations. No individual prospective vendor may receive the ability to apply for more than ten percent of the available valid vendor locations through the lottery-type selection process at one time. The lottery-type selection process shall take place at which time the city determines newly created or open vending cart or kiosk valid vendor locations shall be entered/re-entered therein.

Moral turpitude means the act or behavior of baseness, vileness or the depravity in private and social duties which people owe to their fellow people, or to society in general, contrary to accepted and customary rule of right and duty between person and person; act or behavior that gravely violates moral sentiment or accepted moral standards of community and is a morally suitable quality held to be present in some criminal offenses as distinguished from others.

Non-alcoholic pre-packaged beverages means beverages sealed in plastic or aluminum single serving containers excluding all beverages in glass containers, and excluding all alcoholic beverages as defined in section 10-1, including but not limited to malt beverages, wine and distilled spirits.

Office of revenue means the office of the City of Atlanta Department of Finance which issues permits for public property vending or any other unit or office of the department of finance assigned by the chief financial officer to undertake the duties of the office of revenue.

Operating area means:

(1)

The area in which a vendor may operate from a vending cart and which may not exceed 28 square feet of sidewalk including the area of the vending cart, and, when externally located, the operator and trash receptacle;

(2)

The parameters of the kiosk;

(3)

The parameters of the food truck.

Pre-packaged food means single serving sealed packaged foods including but not limited to candy, popsicles, chips/bagged snacks which do not require any heating or powered refrigeration, and the service of which does not require authorization by the Fulton or DeKalb County Departments of Health.

Prepared non-alcoholic beverages means beverages prepared on site and which are not served in glass containers, and excluding all alcoholic beverages as defined in section 10-1, including but not limited to malt beverages, wine and distilled spirits.

Prepared food means food prepared on site, the sale of which requires authorization by the Fulton of DeKalb County Departments of Health.

Public property and public space both mean for the purpose of this article any property owned by the City of Atlanta within street rights-of-way, including any roadways and sidewalks, but excluding city-owned parks.

Public property vending means vending activity as permitted on publicly owned property under the jurisdiction of the City of Atlanta and in specifically designated city-owned parks. Other than where specifically designated, vending shall only be permitted in city-owned parks where such activity is associated with a special event and/or subject to regulation under a more specific permit.

Spirit merchandise means licensed branded merchandise or generic "Atlanta" branded merchandise. Merchandise shall be limited to shirts, hats, scarves and gloves.

Retail vending cart means a vending cart at which items permissive for sale other than prepared food and prepared non-alcoholic beverages may be offered for sale.

Third party published (non-adult) materials means periodicals, books, newspapers, and maps which have been published by a third-party and are not adult material as defined in section 16-29.001.

Tourist/traveler convenience items means, weather-related supplies such as umbrellas, scarves, hats, gloves and ponchos); convenience toiletries; over-the-counter medicines; cell phone accessories; and third-party produced souvenirs that celebrate Atlanta landmarks, institutions, or other Atlanta icons.

Valid vendor location means an area which is authorized in this article, in which vending can take place. Vending at a valid vendor location shall only be permitted from kiosks installed in the city's right-of-way, vending carts that meet the standards set forth in this article, or from food trucks from metered parking spaces in designated food truck areas. Other than kiosks or approved vending carts or food trucks, vending will be prohibited from tables or semi-permanent or permanent structures.

Valid vendor permit means a permit issued by the City of Atlanta. Such permit shall consist of a photo identification card which contains the vendor's name, photograph, vending type and classification, authorized valid vendor location(s) and time period for which such permit is valid.

Vending cart means a cart designated either as a food vending cart or a retail vending cart which meets the following design requirements:

(1)

Length of the cart may not exceed seven feet and width may not exceed four feet height-excluding canopies, umbrellas, or transparent enclosures-may not exceed five feet;

(2)

Umbrellas or canopies shall have a minimum clearance of seven feet and a maximum height of nine feet six inches above the sidewalk;

(3)

Umbrellas or canopies may not exceed forty-eight square feet (eight feet x six feet);

(4)

All carts must be mobile, and able to roll on wheels;

(5)

The design, materials, and colors are to be of natural wood or metal products and considerate of the immediate surroundings of the proposed location;

(6)

Materials must be in working order, and may not include peeling paint, visible defects or areas requiring maintenance;

(7)

The wheels located under the car are preferred, however projecting wheels must have fenders; and

(8)

Hitches attached to the cart must be removable and detached when in operation.

(9)

If used, propane tanks must be enclosed.

Vendor means any person who has been issued a valid vendor permit.

Weekly food truck vending pass means the waterproof placard issued to food truck vendors wishing vend in any non-metered designated food truck area during any particular week. Weekly food truck vending passes shall be issued by the city to food truck vendors on a first come, first served basis and shall expire at 12:00 a.m. of the Saturday of the week of issuance. Weekly food truck vending passes shall be no smaller than 8.5 × 11 inches, and shall clearly display:

(1)

The designated food truck area wherein they are operable; and

(2)

The dates during which they are operable.

( Ord. No. 2014-06(13-O-1339), § 3, 3-3-14 ; Ord. No. 2014-14(14-O-1137), § 1, 3-26-14 ; Ord. No. 2014-18(14-O-1203), § 1, 5-28-14 ; Ord. No. 2016-04(16-O-1001), § 1, 3-30-16 )