§ 22-1. Definitions.

As used in this article, the following words and terms shall have the meanings ascribed to them in this section:

Director means the director of administration and regulatory affairs or the director's designee.

Goods or merchandise means any personal property of any nature whatsoever including but not limited to tickets for admission to athletic, sporting or entertainment events or shows.

Property owner means the person that appears as the title holder according to records on file with the Harris County real estate records.

Specific location means the physical address of a property or tract of land as listed in the Harris County Appraisal District Real Property account information.

Street vendor means any person, as well as any agent or employee of the person, who is not required to have a certificate of occupancy and who engages in the temporary or transient business in the city of selling, or offering for sale, any goods or merchandise, or exhibiting the same for sale, or exhibiting the same for the purpose of taking orders for the sale thereof, and who, for the purpose of carrying on such business or conducting such exhibits thereof, displays, exhibits, sells or offers for sale such goods or merchandise upon or from a truck, a cart, or other vehicle on non-residential property located in the city, or who hires, rents, leases or occupies any room or space in any building, structure, other enclosure, vacant lot or any other property whatever in the city that does not require a certificate of occupancy through or from which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof. The term "street vendor" shall not include or be construed to include anyone engaged in interstate commerce or anyone upon whom the provisions of this chapter would impose a direct and unlawful burden on interstate commerce.

Temporary refers to any business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease for at least one month of premises in or upon which such business is to be operated or conducted.

Transient refers to any business as may be operated or conducted by persons or by their agents or employees:

(1)

Who:

a.

Reside away from the city; or

b.

Have fixed places of business in places other than the city; or

c.

Have no fixed place of business; or

d.

Have their headquarters in places other than the city; and

(2)

Who:

a.

Move stocks of goods or merchandise, or samples thereof, into the city with the purpose or intention of removing them or the unsold portion thereof away from the city before the expiration of one month; and

b.

Sell and offer for sale such goods or merchandise while upon the property of another; and

c.

Conduct such business away from their fixed places of business, if any.

(Ord. No. 09-953, § 2(Exh. A), 10-7-09, eff. 1-1-2010)