§ 26-53. Definitions.  


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  • [The following words, terms and phrases, as used in this article, shall have the meanings respectively ascribed to them in this section, unless the context clearly indicates otherwise:]

    Code means the Code of Ordinances, County of Volusia, as amended, including the Volusia County Land Development Code and the Zoning Ordinance of Volusia County, Florida.

    Department means the Volusia County Growth Management Department.

    Itinerant merchant (IM) means any person, firm, corporation, organization, or other entity selling, displaying, promoting, or giving away merchandise, products or services at a location external to a regularly licensed business on a temporary basis. The term "itinerant merchant" also includes a business operator, on said operator's own property, when said operator conducts activities in open spaces outside of an enclosed structure, including but not limited to, activities involving entertainment, the sale or display of goods and/or services not part of the normal business activities of that operator but encompassed by said county local business tax. Notwithstanding anything to the contrary herein, the term "itinerant merchant" shall also include business operators who conduct activities within enclosed structures at flea markets operating during recognized events on days flea markets are not normally operated with appropriate county approvals.

    Itinerant merchant license means a license issued by the county to an itinerant merchant.

    Itinerant merchant host license means a license issued by the county to the owner of property on which an itinerant merchant conducts activities.

    Owner means any person, group of persons, firm or firms, joint venture, corporation or corporations, or any other legal entity having legal title to the land where the IM is located.

    Recognized event means any of the following:

    (1)

    The Daytona Beach Bike Week Festival, as established by the Bike Week Executive Committee;

    (2)

    The Daytona Beach Biketoberfest Special Event, as established by the Biketoberfest Development Committee of the Daytona Beach Area Convention & Visitors Bureau;

    (3)

    Daytona Speed Weeks, encompassing that time period commencing with the Rolex 24 Hour Race and ending with the Daytona 500 Race, as established by the Daytona International Speedway;

    (4)

    The Pepsi 400 Race, as established by the Daytona International Speedway; and

    (5)

    Any other specially-licensed outdoor entertainment event approved for issuance of IML's.

    Sales, display or activity area means the area used for the sales, display, or activities used by the itinerant merchant or other products, materials, services, including the erection of any temporary structures.

    Temporary structure means any structure that can be readily and completely dismantled and removed from the site between periods of actual use, including, but not limited to, tents.

    Tent means a collapsible structure of fabric, including but not limited to canvas, nylon and vinyl, stretched and sustained by poles or other temporary means of support. The term "tent" shall include collapsible structures of fabric with or without enclosed sides.

    Webster's New Collegiate Dictionary (G & C Merriam Co., most recent edition) shall be used for the definition of any words not defined in this section.

(Ord. No. 96-25, § III, 12-19-96; Ord. No. 01-36, § 2, 12-13-01; Ord. No. 2005-05, § I, 5-19-05; Ord. No. 2007-07, § I, 6-7-07)