§ 30-1461. 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 such vendor's vending site.

Athletic and entertainment vending means the commercial enterprise of selling merchandise to the general public on private property in connection with events held at athletic or entertainment venues which have a seating capacity in excess of 3,500 persons.

Blind person. A person shall be considered blind for the purpose of this article if such person's vision, with correcting glasses, is so defective as to prevent the performance of activities for which eyesight is essential.

Class C food vending station means a fully enclosed, self-contained non-motor vehicle that is approved by the Fulton County health department for the purpose of vending on private property.

Flea market means any event at which two or more persons offer merchandise for sale or exchange; and at which a fee is charged for the privilege of offering or displaying merchandise for sale or exchange; or at which a fee is charged to prospective buyers for admission to the area where merchandise is offered or displayed for sale or exchange; or regardless of the number of persons offering or displaying merchandise or the absence of fees, at which merchandise is offered or displayed for sale or exchange if the event is held more than six times in any 12-month period. The term "flea market" applies regardless of whether such sale of merchandise is conducted out of doors or within a building. The primary characteristic is that these activities involve a series of sales sufficient in number, scope, and character to constitute a regular course of business. The term "flea market" shall not mean and shall not apply to any event which is organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated for religious, educational, or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective purchasers or the gross receipts or net earnings from the sale or exchange of merchandise, whether in the form of a percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or person participating in the organization or conduct of the event; or any event at which all persons selling, exchanging, or offering or displaying merchandise for sale or exchange are manufacturers or licensed retail or wholesale merchants. Flea markets shall not include developed and operating shopping centers, antique stores, jewelry stores, coin shops, salvage operations, clothing stores, or special sales events as accessory uses not to exceed 14 days, or other businesses of merchandise in common with flea markets where the vendor therein is not operating among a collection of vendors or renting or securing individual space within an overall operation.

Flea market promoter, operator, or owner means any person, firm, corporation, partnership, or other form of business entity which owns, operates, maintains, manages, or promotes flea markets.

Flea market vendor means any person, individual, firm, corporation, partnership, or other form of business entity of any type or character who engages in the retail sale of merchandise at a flea market. "Flea market vendor" shall not include licensed second-hand goods dealers or pawnbrokers. In addition to being subject to any regulations pertaining specifically to flea market vendors that may be included in this article, flea market vendors shall be subject to all regulations within this article pertaining generally to vendors.

Mobile food unit means any motor vehicle or non-motorized cart approved by the department of police used for the vending of food items to the public.

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.

Permissible food item means any food product or substance, including beverages, that legally may be dispensed for the public's consumption pursuant to the rules and regulations of the Fulton, DeKalb, or Clayton County health department.

Private property vending means vending activity conducted out-of-doors or in a flea market on private property not owned by the city or by any other governmental agency. Produce means any agricultural product raised on a farm or orchard.

Recording means a tangible medium on which sounds, images, or both are recorded or otherwise stored, including an original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now existing or developed later on which sounds, images, or both are or can be recorded or otherwise stored, or a copy or reproduction that duplicates in whole or in part the original. An illicit recording is a recording produced without the authorization of the recording's owner, or which is otherwise sold or offered for sale in violation of any state or federal law pertaining thereto.

Registered agent means any person who is authorized by a vendor or itinerant vendor and who agrees to accept service or process and legal notices on behalf of the vendor or itinerant vendor.

Seasonal vendors means a temporary vendor who vends from private property at a fixed location for seasonal vending.

Site plan means a visual depiction of the vending site showing 1) the exact location of the vending operation on the property; 2) the length, width, and height of the vending stand; 3) the location of all on-site parking spaces which serve the property; and 4) the location of any power sources which the vendor intends to use. The site plan shall be filed along with each application.

Stand means any fixed or movable structure, table or device used by a vendor for the purpose of displaying or storing any merchandise, article or food which is offered for sale.

Valid vendor location means an area which is authorized in this article, and if applicable, subsection 170-2166(10), in which vending can take place.

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

Vending business means any commercial enterprise operated for profit in which merchandise, food, services or a combination thereof are rendered for sale to the general public on private property and approved by the city.

Vendor means any person whose primary business is the selling or bartering, or carrying for sale or barter, or exposing therefor, any goods, wares, merchandise, services, food, confectionery or drink carried by hand from portable stands or tables, by manually propelled vehicles, or by motor vehicle.

(Code 1977, § 14-5175; Ord. No. 2004-59, § 1, 9-28-04; Ord. No. 2005-39, § 2, 7-14-05; Ord. No. 2006-85, § 1, 12-12-06; Ord. No. 2008-58(07-O-1905), § 1, 7-16-08; Ord. No. 2011-37(11-O-0994), § 1, 9-15-11)

Cross reference

Definitions generally, § 1-2.