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The following words and phrases, wherever used in this chapter, shall have the meanings ascribed to them in this section except where otherwise defined or unless the context shall clearly indicate to the contrary:

A. “Abutting property” means and includes property bordering upon and contiguous to a right-of-way.

B. “Applicant” means any person, company, corporation, enterprise, or entity applying for the issuance or renewal of a right-of-way use permit or any person, company, corporation, enterprise, or entity that has been issued a right-of-way use permit.

C. “Application” means, for the purposes of this chapter, the collection of papers necessary to initiate a right-of-way use permit request, and shall include an application in the form approved by the city, and other submittals consistent with the purposes of this chapter.

D. “Banner” means any pliable canvas, cloth, or synthetic sign material or holiday or festival decor such as garland or similar decor stretched over or across any right-of-way.

E. “Community event or special event” means an event of a public nature sponsored or co-sponsored by the city of Auburn for the purpose of celebrating a particular holiday, festival, or other traditional commemoration, and may include carnivals, fairs, festivals, parades, or other similar short-term uses of rights-of-way.

F. “Co-sponsored by the city of Auburn” means the city is joining – is willing to join – as an applicant; provided, however, the primary sponsor is still responsible for all right-of-way use permit paperwork, liability, and fees.

G. “Private use” means use of the public right-of-way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians.

H. “Right-of-way” means and includes streets, avenues, ways, boulevards, drives, places, alleys, sidewalks, landscape (parking) strips, squares, triangles, and other rights-of-way open to the use of the public, and the space above or beneath the surface of same. This definition specifically does not include streets, alleys, ways, landscape strips, and sidewalks which have not been deeded, dedicated, or otherwise permanently appropriated to the city for public use.

I. “Sidewalk cafe” means a portion of a public right-of-way on which tables and chairs are placed for the use of patrons while consuming food and/or beverages served by a cafe or restaurant on abutting property.

J. “Sidewalk display” means a display of goods and wares on a public right-of-way for retail sale to the public by the owner or manager of a business upon abutting property, which products are being offered for sale inside the business.

K. “Sidewalk vending unit or vending unit” means a movable cart or similar device that is operated from a fixed location on a public right-of-way from which food, beverages (excluding alcohol), flowers, plants, and/or merchandise are provided to the public with or without charge. The provisions of this chapter shall not apply to mobile caterers, generally defined as person(s) engaged in the business of transporting food and beverages in motor vehicles to residential, business, and industrial establishments pursuant to prearranged schedules, and dispensing items from the vehicles for retail sale to the personnel of such establishments.

L. “Vending” means the commercial sale of food, beverages (excluding alcohol), flowers, plants, and/or merchandise only from a sidewalk vending unit upon public rights-of-way of the city of Auburn. “Vending” does not include alcohol as defined in RCW 66.04.010, tobacco, firearms, munitions, or any article which a minor is prohibited by law from purchasing, or any materials restricted by the fire code from direct access or handling by the public. (Ord. 6795 § 1 (Exh. A), 2020; Ord. 6125 § 1, 2007.)