Definitions

For the purposes of this article:

Business tax receipt (BTR) as defined in Chapter 31 of the City of Miami Code.

Civic center special vending district is defined as all public rights-of-way within that area bound by and including both sides of Northwest 12th Avenue on the east, Northwest 14th Street on the north, Northwest 12th Street on the south, and Northwest 14th Avenue on the west.

Department of health is defined as the Dade County department of public health.

DDA is defined as being the Downtown Development Authority of the City of Miami.

Director is defined as the director of the department of resilience and public works.

Downtown Miami special vending district is defined as all public rights-of-way within that area generally commensurate with the boundaries of the Miami Downtown Development Authority, but more specifically described as that area bounded on the east by Biscayne Bay, except between Northeast 17th Street and Northeast 24th Street; on the north by the commercial corridors along Biscayne Boulevard from Northeast 17th Street to Northeast 24th Street; on the west by the Florida East Coast Railway from Northwest 17th Street, Northwest Fifth Street, then west along Northwest Fifth Street to Northwest Third Avenue to West Flagler Street, then west along Flagler Street to the Miami River, then east to the Metrorail guideway; and on the south by Southeast 15th Road; but shall exclude the area comprising the Miami Arena Special Vending District. Said district shall be subdivided into three areas for purposes of awarding franchises and setting franchise fees: area A, which shall consist of Flagler Street between Biscayne Bay and the Miami River; area B, which shall consist of Northeast/Northwest First Street and Southeast/Southwest 1st Street between Biscayne Bay and the Miami River; and area C, which shall include those areas north and south of areas B as follows: the northern segment of area C shall consist of that area bounded on the south by Northeast/Northwest Second Street, on the North by Northeast/Northwest 24th Street, on the west by the Miami River and on the east by Biscayne Bay, but shall not include the area comprising the Miami Arena Special Vending District; the southern segment of area C shall consist of that area bounded on the North by Southeast/Southwest Second Street, on the east by Biscayne Bay, on the west by the Miami River and Southwest Third Street, and on the south by Southeast/Southwest 15th Road.

Executive director is defined as the executive director of the Downtown Development Authority of the City of Miami.

Extended sidewalk is defined as sidewalk either at an intersection or midblock which has been approximately doubled in width to occupy a former parking lane.

Flowers, plants and produce means freshly cut flowers and fresh fruits and vegetables but does not include consumable hemp or cannabis products.

Food is defined as solid food and beverages allowed to be sold in accordance with this article.

Franchise is defined as the exclusive right to vend in a special vending district pursuant to the provisions of sections 39-33, 39-34, and 39-37.1.

Franchise document or franchise permit is defined as a document provided by the executive director or director to evidence the right granted pursuant to sections 39-33, 39-34, and 39-37.1 to exclusively vend in a specified vending zone.

Franchise period is defined as the time, which shall be one year, (except for the inaugural franchise period for the Biscayne Boulevard special vending district, which shall be until September 30, 2001), a vendor may be granted the franchise for a specific vending zone.

Licensee is defined as any person or business entity which has been issued or controls one or more licenses to conduct vending activity in the city.

Mobile food dispensing vehicle means any vehicle that is a public food service establishment and that is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal or as defined in F.S. § 509.102, as amended.

Mobile sales vendor means any person engaged in retail sales from a motor vehicle, other than a mobile food dispensing vehicle, that sells consumer products and is self-propelled or otherwise movable from place to place and includes self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal.

Motor vehicle is defined as any vehicle used for the displaying, storing, or transporting of articles offered for sale by a vendor, which is required to be licensed and registered by the department of highway safety and motor vehicles.

Open flame is defined as being a heat source which consists of a visible flame or which produces smoke at any time.

Open flame cooking is defined as the cooking of food utilizing a heat source which consists of a visible flame or which produces smoke during the cooking process.

Person is defined as any natural individual, firm, trust, partnership, association, or corporation, in his/her or its own capacity or as administrator, conservator, executor, trustee, receiver, or other representative appointed by a court. Whenever the word "person" is used in any section of this article prescribing a penalty or fine as applied to partnerships or associations, the word shall include the partners (both general and limited) or members thereof, and such word as applied to corporations shall include the officers, agents, or employees thereof who are responsible for any violation of said section.

Planning sticker is defined as the sticker issued by the planning, building and zoning department pursuant to section 39-34(7).

Posted notice lottery is defined as a lottery with notice to be given solely by the posting of at least four signs in each of the city's special and restricted zoning districts, with the exception of the arcade and Miami Arena vending districts, at least 30 days prior to the lottery date.

Pushcart is defined as a wheeled vehicle propelled solely by a single human.

Qualified vendor is defined as any vendor who successfully completes prequalification of his, her or its application for a vending zone; including pushcart certification and proof of all required licenses and permits.

Restaurant arcade vending zone is defined as the ground level public right-of-way sidewalk area under a restaurant arcade, and shall include any widened area of such sidewalk which may extend beyond and parallel to the street side of such restaurant arcade.

Right-of-way is defined as land dedicated, deeded, used or to be used for a street, alley, walkway, sidewalk, boulevard, drainage facility, access for ingress or egress, or other purpose by the public, certain designated individuals of governing bodies.

Special vending districts are designated pursuant to the provisions of section 39-33 and 39-35.

Stand is defined as any table, showcase, bench, rack, pushcart, or any other wheeled vehicle or device which may be moved without the assistance of a motor and which is not required to be licensed and registered by the department of highway safety and motor vehicles, used for displaying, storing, or transporting of articles offered for sale by a vendor.

Stationary vending is defined as any vending from a fixed location using a stand.

Street as used herein includes any primary accessway such as a street, road, lane, highway, avenue, boulevard, parkway, circle, court, terrace, place, or cul-de-sac, and also includes all of the land lying between the right-of-way lines as delineated on a plat showing such streets, whether improved or unimproved.

Vending is defined as the act of selling, offering for sale, transferring, or offering to transfer food, merchandise or services to another for pecuniary gain including, but not limited to, in a special vending district or vending district.

Vending year is defined as the one-year calendar period from October 1 to September 30.

Vending zone is defined as a rectangular area within a restricted vending district where vending is permitted pursuant to this article; said vending zone to be delineated by markings on the sidewalk delineating a rectangle within the limits of which a vending pushcart may be placed.

Vendor is defined as any person engaged in the selling, or offering for sale, of food, beverages, services, or merchandise on the public streets, or sidewalks from a stand or motor vehicle or from his/her person.

Vendor location is defined as a sidewalk area, within a vending zone, which has been selected and identified by the resilience and public works department as the specific vendor site(s) at which all vending in that zone shall occur.

Wholesale peddler is defined as any person who sells or offers for sale any goods, wares, or merchandise to any person engaged in the business of selling at retail in the city, or to any person for the purpose of resale within the city, or to any drugstore, soda fountain, restaurant, cafeteria, hotel, club or tearoom within the city, from a wagon, truck, auto, pushcart or by any other means, operating in or upon the streets of the city in other than a licensed place of business. Such term shall not apply to a wholesale automobile accessories dealer.

Written matter is defined as newspapers, periodicals, books, pamphlets or other similar written matter.

(Ord. No. 9880, § 1, 9-13-84; Ord. No. 10045, § 1, 9-26-85; Ord. No. 10479, § 1, 9-8-88; Ord. No. 10499, § 1, 10-27-88; Ord. No. 10660, § 1, 10-12-89; Ord. No. 10855, § 1, 3-14-91; Ord. No. 10891, § 1, 6-20-91; Ord. No. 11169, § 2, 7-26-94; Ord. No. 11212, § 3(39-11), 1-12-95; Ord. No. 11249, § 2, 4-27-95; Code 1980, § 39-11; Ord. No. 12002, § 2, 12-14-00; Ord. No. 13105, § 2, 10-8-09; Ord. No. 13676, § 2, 4-27-17; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13947, § 2, 12-10-20; Ord. No. 14163, § 2, 4-27-23; Ord. No. 14182, § 2, 6-8-23; Ord. No. 14282, § 2, 5-9-24)