Section 17-306. Definitions

Whenever used in this subchapter the following
  terms shall mean:
    a. "Commissary". A service room, catering establishment, restaurant or
  any other place in which food, containers  or  supplies  are  processed,
  prepared, handled, packed, transferred or stored and directly from which
  food  is  distributed  to  a  food  vendor  or from which any vehicle or
  pushcart offering food to the public in any public space is supplied.
    b. "Food". Any raw, cooked or processed edible substances,  beverages,
  ingredients,  ice or water used or intended for use or for sale in whole
  or in part for human consumption.
    c. "Food vendor" or "vendor". A person who hawks,  peddles,  sells  or
  offers food for sale at retail in any public space.
    d.  "Food  vending business". The business of selling or offering food
  for sale at retail in a public space engaged in by a food vendor.
    e. "Public space". All publicly owned property  between  the  property
  lines  on  a  street  as  such  property lines are shown on city records
  including, but not limited to, a park, plaza, roadways,  shoulder,  tree
  space,  sidewalk  or parking space between such property lines. It shall
  also include, but not be limited to,  publicly  owned  or  leased  land,
  buildings, piers, wharfs, stadiums and terminals.
    f.  "Pushcart".  Any  wheeled vehicle or device used by a food vendor,
  other than a motor vehicle or  trailer,  which  may  be  moved  with  or
  without   the   assistance  of  a  motor  and  which  does  not  require
  registration by the department of motor vehicles.  The  term  "pushcart"
  shall  include  any green cart, as that term is defined by subdivision s
  of this section.
    g. "Vehicle". A motor vehicle or trailer, as defined  in  the  vehicle
  and traffic law.
    h.  "Vend". To hawk, peddle, sell or offer to sell food at retail in a
  public space, delivered immediately upon consummation of purchase.
    i. "Person." A  natural  person,  partnership,  corporation  or  other
  association.
    j. "Veteran". Any person who was in active service in the armed forces
  of the United States and was honorably discharged from such service.
    k. "Disabled veteran". A veteran who is certified by the United States
  department  of veterans' affairs as having a disability rated at ten per
  centum or more that was incurred by such person during active service in
  the armed forces of  the  United  States  and  which  disability  is  in
  existence   at   the  time  of  application  for  a  permit  under  this
  sub-chapter.
    l. "Honorable discharge". Any type of discharge or  release  from  the
  armed forces of the United States other than a dishonorable discharge.
    m.  "Disabled  person". Any person who has or had a physical or mental
  impairment that substantially limits one or more major  life  activities
  and  has  a  record  of  such  an  impairment.  For the purposes of this
  subdivision, "physical impairment" means  a  physiological  disorder  or
  condition,  or  anatomical  loss  affecting one or more of the following
  body  systems:  neurological;  musculoskeletal;  special  sense  organs;
  respiratory,  including  speech  organs;  cardiovascular; genitourinary;
  hemic and lymphatic; or skin and endocrine.  It  includes,  but  is  not
  limited  to,  such diseases and conditions as orthopedic, visual, speech
  and  hearing  impairments,  cerebral  palsy,  muscular  dystrophy,   and
  multiple  sclerosis.  For  the  purposes  of  this  subdivision, "mental
  impairment" means any mental or psychological disorder  such  as  mental
  retardation,  organic  brain  syndrome, emotional or mental illness, and
  specific learning disabilities. For the purposes  of  this  subdivision,
  "major life activities" means functions such as walking, seeing, hearing
  and  speaking. For the purposes of this subdivision, a record of such an

  impairment shall be established by submission  to  the  commissioner  of
  either:
    (a)  A  letter  or  certificate  describing  the  physical  or  mental
  impairment of the applicant which must include the  notarized  signature
  of one of the following:
    (i)    A   licensed   physician,   ophthalmologist,   optometrist   or
  psychologist; or
    (ii) An authorized representative of a  social  agency  that  conducts
  programs  for the disabled in cooperation with an official agency of the
  state and from which the applicant is receiving services  such  as,  but
  not limited to, the state office of vocational rehabilitation; or
    (b)  A  previous certification not more than one year old establishing
  the physical or mental impairment of the  applicant  such  as,  but  not
  limited  to,  verification of an income tax exemption or social security
  benefits on the basis of physical or mental impairment.
    n. "Unemancipated child." Any son, daughter, step-son or step-daughter
  who is under the age of eighteen,  unmarried  and  living  in  the  same
  household.
    o.  "Exclusive distributor". A person who has a written agreement with
  a manufacturer of a food product for the sale of that product by a  food
  vendor  licensed  pursuant to this subchapter from a vehicle or pushcart
  to the exclusion of any similar food product manufactured by  any  other
  manufacturer.
    p.  "Manufacturer". A person who processes or fabricates food products
  from raw materials for commercial purposes.
    q. "Fresh fruits and vegetables". Unprocessed unfrozen raw fruits  and
  vegetables that have not been combined with other ingredients.
    r.  "Fresh  fruits  and vegetables permit". A full-term permit for the
  vending at retail solely of fresh fruits or vegetables, or both, from  a
  pushcart  or  vehicle  in  a public place. Unless otherwise specified, a
  fresh fruits and vegetables permit shall be a permit in accordance  with
  the provisions of this subchapter.
    s.  "Green  cart".  A  pushcart used exclusively by those issued fresh
  fruits and vegetables full-term permits pursuant to  section  17-307  of
  this  subchapter  and which, in addition to being in compliance with all
  other legal requirements applicable to  non-processing  pushcarts,  must
  also have a distinctive and easily recognizable appearance in accordance
  with rules to be established by the commissioner.