§ 22-26. 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:

Agent means a person engaged in a house-to-house canvass for the purpose of demonstrating or taking orders for any goods, wares or merchandise or taking orders from samples where goods are to be delivered later in the same manner, not in interstate commerce.

Chief of police shall mean the Chief of the Winter Garden Police Department or his/her designee.

City manager shall mean the City Manager of Winter Garden or his/her designee.

Event sponsor shall mean the person or entity that sponsors an open air event and has the legal authority to enter into contractual arrangements regarding such.

Goods, wares or merchandise, in addition to those items encompassed by the ordinary meaning of such terms, such term also may encompass and include photographs, food, beverages, and coupons or tickets good in whole or in part for a photograph or other merchandise.

Mobile food vendor means an open air vendor who sells prepared food or beverages, or an open air vendor who is otherwise operating a mobile food dispensing vehicle as described in Rule 61C-1.002(5)(a)2., F.A.C. All mobile food vendors shall be subject to the same requirements as open air vendors unless otherwise noted. Mobile food vending operations shall be further classified as either itinerant or stationary in the following manner:

(a)

Intinerant operations shall mean and refer to the conduct of business operations at one or more locations or properties throughout the day provided that the mobile food vendor does not remain or linger at any particular property or location for longer than 30 minutes.

(b)

Stationary operations shall mean and refer to the conduct of mobile business operations at or on a single location or property for longer than 30 minutes.

Open air vendor means any person who offers, for sale or lease, goods, wares or merchandise from a stand, trailer, vehicle, tent, table or other area that is not completely enclosed by a permanent structure, on real property owned, controlled, or leased by another person or entity. The following types of businesses shall not be considered open air vendors for the purposes of this article:

(a)

A person or entity whose business is principally located within a permanent structure and lawfully operates and controls an outdoor dining or sales area as part of its primary business, which outdoor dining or sales area is located adjacent to such permanent structure.

(b)

A person or entity who, upon the request and consent of the business entity in possession and control of real property, lawfully delivers and conveys ownership of pre-ordered goods, wares and merchandise via a motor vehicle to the requesting business entity, its agents, or employees.

(c)

Licensed caterers, restaurants, or permanent nonseating restaurants as defined in Rule 61C-1.002(5)(a)1. and 3., F.A.C., who prepare food or drink prior to delivering such to a contracted service location for consumption.

(d)

A person or entity operating under a valid permit issued pursuant to the requirements of article VII, chapter 62 of the City Code.

(e)

A person or entity operating at a city approved event when such person or entity has been hired or otherwise authorized by the city commission or city manager to operate at such event.

(f)

Children under the age of 16 engaged in de minimis outdoor sales activities in residential neighborhoods, provided that such children are conducting such activities of their own accord and not at the behest of any other person or entity.

Open air event means an outdoor or partially outdoor festival, carnival, celebration, or other special event of a temporary nature, which includes or will otherwise be serviced by open air vendors.

Peddler means a person who brings goods, wares or merchandise from outside the city , or where the goods, wares, or merchandise is manufactured in the city for sale at retail and is in this state at the time that all negotiations prior to and at the sale thereof are had, and the goods, wares or merchandise is not sold in original packages in interstate commerce but at retail, in small quantities, by means of house-to-house, or place-to-place canvass. Goods ordered or in transit that were so ordered without reference to particular sales shall be deemed to be in the state.

Seasonal vendor means any open air vendor, whose goods, wares or merchandise held for sale are seasonally themed or related to seasonal celebrations and occurrences, including but not limited to Christmas, Valentine's Day, Halloween, Thanksgiving, New Years, or the Fourth of July. Such goods, wares, or merchandise may include but shall not be limited to fireworks, Christmas trees and wreaths, flowers, roses, costumes, and other holiday-themed décor.

Solicitor means any agent or peddler who is otherwise permitted to do business in the city, whether or not such agent or peddler is engaged in interstate commerce; and shall include all servicemen or repairmen who engage in any activity as an agent or peddler, as defined in this section.

(Ord. No. 09-25, § 2, 9-21-09)