§ 5.51.020. Definitions.

"Administrative Guidelines" means the document prepared by the City Administrator or his/her designee, used by Bureau of Planning staff to administer the Food Vending program. The document includes the "Food Vending Program Permitted Area" map, and is revised by the City Administrator or his/her designee.

"Applicant" means the responsible party who seeks a Food Vending Permit from the City of Oakland.

"Assembly area" is an indoor or outdoor place where people may gather for any permitted purpose.

"Employee" means any person hired or paid compensation by, or any person under contract to, a food vendor.

"Food vending" means the business of selling, or causing to be sold from a food vending facility, raw or cut fruit, produce, prepared foods and non-alcoholic beverages, and/or prepackaged foods and beverages, where:

1.

Food is prepared off-site in a commercial commissary and/or prepared on-site within the food vending facility, per Alameda County Heath Regulations;

2.

Food is ordered and served from the truck, trailer, pushcart, or other equipment or vehicle as permitted by Alameda County Environmental Health;

3.

Fruit and produce is sold to customers without preparation or cooking by a vendor;

4.

Food is served outdoors or under a non-permanent structure;

5.

Food is paid for prior to consumption; and

6.

Food and beverages are prepared and sold for on-site or off-site consumption.

"Food vending facility" means a truck, trailer, pushcart, stationary cart or other equipment or vehicle from which food vending services are provided, as permitted by the Alameda County Environmental Health Department. Food vending trucks and trailers must be less than eighteen feet, six inches (18' 6") in length, eight feet (8' 0") in width, and ten feet, six inches (10' 6") in height, measured from bottom of tire. Not included in this definition is the preparation of food and serving of food outside of a vehicle, typically under a tent, canopy, or from a booth.

"Food Vending Permit" is the City of Oakland's annual or temporary permit required to place, operate, maintain, or allow an individual food vending facility or group site within the Oakland city limits.

"Food Vending Program Permitted Area" is the map in the Administrative Guidelines which shows which areas and public right-of-ways are permitted for a Food Vending Permit. The Permitted Area map also shows specific parking spaces in the street right-of-way, designated by the City for Food vending facilities. Designated parking spaces are the only permitted areas allowed for Food vending on the street right-of-way.

"Food vendor" means a person who is engaged in "food vending" as governed by this Chapter.

"Group site" or "Group site food vending" means the stationary operation of two (2) or more food vending facilities clustered together on a single site and operating at the same time.

"Group site organizer" or "responsible party" means, for the purpose of determining liability for damage to City or public facilities as a result of a group site operation, the individual or legal entity who is directly responsible for organizing and/or conducting the group site and/or the facility manager, and his or her respective designees.

"Group site food vending facility" means a food vending facility that is operating at a "group site".

"Group Site Food Vending Permit" means a Food Vending Permit for a group site.

"Healthy foods" are defined in the Administrative Guidelines.

"Individual food vending" means a food vending facility that is not operating at a group site.

"Individual Food Vending Permit" means a Food Vending Permit for an individual food vending facility.

"Mobile café" is a motorized food vending facility that serves coffee and tea drinks and pre-made pastries, and does not have cooking equipment.

"Non-food merchandise" means goods, wares, or non-food merchandise.

"Pushcart" is a type of non-motorized food vending facility that, because of its small size and operable wheels, can be easily moved by a person during hours of operation. This definition may also include a food vending facility integrated or pulled by non-motorized, pedal-powered vehicle such as a bicycle or tricycle.

"Pushcart food vendor" is a person who owns and operates a business vending from a pushcart.

"Roaming" means the movement of a food vending facility to multiple locations during vending hours.

"School" means any public, charter, or private school serving children between kindergarten and high school. For the purposes of this Chapter, pre-schools, community colleges and universities are not included in this definition.

"Site" means the specific public or private property location, including any public right-of-way, for which an applicant or responsible party has been issued a Food Vending Permit.

"Stationary" means a food vending facility which does not move during vending hours.

"Stationary cart" means a type of non-motorized food vending facility that generally has a maximum length of eight (8) feet, maximum depth of six (6) feet, and a maximum height of eight (8) feet. Stationary food carts are typically larger than pushcarts; pulled or delivered by a vehicle into position; and stationary at a specific site during hours of operation, and then removed by a vehicle after operating hours. Umbrellas nine (9) feet in diameter or less are permitted with these carts.

"Stationary food cart vendor" is a person who owns and operates a business vending from a stationary food cart.

(Ord. No. 13421, § 3, 3-28-2017)