§ 22-152. Definitions.

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

Advertising and advertisement mean and include any means of conveying to the public a notice of sale or notice of intention to conduct a sale.

Altered goods sale means a sale held out in such a manner as to reasonably cause the public to believe that the sale will offer goods or merchandise damaged or altered by fire, smoke, water or other means. "Altered goods sale" does not include any garage, yard, and carport sale which meets the following conditions:

(1)

Is conducted by the occupant of the establishment at which the sale is given, or is conducted by a nonprofit association or corporation.

(2)

Is held not more than two times a year.

(3)

Is held for not more than 72 hours at one time.

Board means Board of County Commissioners, Okeechobee County, Florida or its designee for purposes of implementing and enforcing the provisions of this division.

County means Okeechobee County, Florida.

Going-out-of-business sale means a sale held out in such a manner as to reasonably cause the public to believe that, upon the disposal of the stock of goods on hand, the business will cease and be discontinued. "Going out of business sale" does not include a garage, yard or carport sale which meets the conditions previously herein described.

Goods or merchandise means any property capable of being the object of a sale.

Peddler means a person who sells or offers for sale merchandise or services or both to residences, traveling from door to door, carrying any such merchandise if selling or offering to sell same, without operation from a fixed business location for the exhibition and sale of such merchandise or services or both. However, "peddler" shall not include persons who are invited to residences for specific sales of specific items or services.

Street vendor means a person who sells or offers for sale merchandise from a continually moving non-motorized pushcart, wagon, mobile stand, or other movable device storing the merchandise, generally during a special event such as a parade or a permitted temporary use activity. A street vendor does not include newspaper, magazine, or other self-service vending machines.

Mobile food vendor means a person who sells or offers for sale prepared food or beverages from a motor vehicle, pushcart, wagon, mobile stand, or other motorized or non-motorized movable device storing the food or beverages. For purposes of this definition, mobile food vendor specifically includes operators of hot dog or ice cream carts, ice cream trucks, mobile sandwich wagons and the like, but does not include minor children operating lemonade or soft drink stands, owners or operators of fresh fruit and/or vegetable stands or other raw, uncooked, unprepared or nonedible perishable goods, or owners or operators of food or beverage self-service vending machines.

(1)

A mobile food vendor that is continually moving, such as a motorized ice cream truck, may operate from a right-of-way, but shall not obstruct traffic and shall not play music or otherwise make noises that can be heard from any one location for more than ten minutes.

(2)

A mobile food vendor that does not continually move shall not locate in a right-of-way but shall locate where adequate parking and driveway access are available without interrupting or affecting traffic flow. Such mobile food vendor may remain at one location for extended periods of time. No accessory or appurtenant structures or fixtures shall be erected, installed or constructed, but a temporary awning or canopy may be employed when the facility is open for business. The actual pushcart, wagon, mobile stand or other movable device, but not other structures, fixtures, appurtenances or canopies, may remain on-site during periods when the facility is not open for business.

Perishable goods vendor means a person who sells or offers for sale perishable goods from a motor vehicle, pushcart, wagon, mobile stand or other movable or non-movable device storing the perishable goods. For purposes of this definition, perishable goods vendor specifically includes vendors of fruits or vegetables and other raw, uncooked, unprepared or nonedible perishable goods, but does not include owners or operators of food or beverage self-service vending machines. Permits for perishable goods vendors shall no longer be issued. A perishable goods vendor that has a valid permit as of the effective date of this amended ordinance may continue to sell perishable goods in accordance with the terms under which the permit was granted, but the permit may not be renewed upon its expiration on September 30, 2003.

A vendor selling fresh fruits, vegetables or other perishable goods at a stand that is co-located with an existing commercial development where sufficient access, parking and restrooms are available, where an executed agreement exists allowing shared use of such required facilities, and where any structures, fixtures and the like are permanent and permitted, including the stand or structure from which the perishable goods are sold, shall not be considered a perishable goods vendor but shall be considered a commercial, retail produce stand subject to all applicable regulations pertaining to commercial development.

Transient merchant means a person who sells or offers for sale goods, services or merchandise temporarily and who does not become a permanent merchant at such place and who, for the purpose of carrying on such business, hires, leases or occupies, either in whole or in part, a business location for the exhibition and sale of merchandise, where said business location is not regularly used for, intended for or developed for such use or activity. Because locational criteria and minimum development standards for establishments for the retail sale of goods, services and merchandise are established by the county's land development regulations, transient merchants may operate only where permissible by those regulations, specifically at flea markets, existing commercial storefronts and retail establishments, or in association with a special event as authorized by a temporary use permit. In such cases, a transient merchant permit is not required. In all other circumstances, transient merchants are not authorized to conduct business and permits for transient merchants shall no longer be issued. A transient merchant that has a valid permit as of the effective date of this amended ordinance may continue to operate in accordance with the terms under which the permit was granted, but the permit may not be renewed upon its expiration on September 30, 2003.

Planning and development director means the duly appointed Director of Planning and Development of Okeechobee County, Florida.

(Ord. No. 2003-01, § 1(Exh. A), 1-23-03)