§ 78-402. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Alcoholic beverages shall have the same meaning as prescribed in chapter 6 of this [Code], as may from time to time be amended.

Bar means a counter or similar device from which alcoholic beverages are dispensed, or on which alcoholic beverages are mixed, unless the context clearly indicates otherwise.

Downtown means all immovable property located in the "D" zoning district, as assigned by Department of Development and Planning of Lafayette City-Parish Consolidated Government.

Designated permit manager means the director of the development and planning department, or his/her designee.

Fire department means the Lafayette Fire Department.

Fire official means an employee of the Lafayette Fire Department whose duty it is to respond to fire alarms or emergency calls, to investigate fires, or to conduct inspections for compliance with fire department regulations.

Emergency medical personnel means an employee of an authorized ambulance service whose duty it is to respond to emergency calls.

Landscaping bed means the section of land adjacent to the street that contains grass, plants and/or trees.

Law enforcement officer means an employee of the Lafayette Police Department, Lafayette Parish Sheriff's Office, Louisiana State Police or the Marshal and Deputy Marshals of the City Court of Lafayette whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of the State of Louisiana.

Merchandise means tangible personal property for sale.

Outdoor dining area means a temporary, easily removable extension of an established restaurant, consisting of movable tables and chairs that are arranged directly upon the sidewalk paving or parklet as an adjunct and directly adjacent to a restaurant for the purpose of selling food and beverages to customers for on-site consumption.

Outdoor merchandise display area means a temporary, easily removable extension of an established retail shop, consisting of movable tables, shelves and/or racks that are arranged directly upon the sidewalk paving as an adjunct and directly adjacent to a retail business for the purpose of displaying, exhibiting, or offering for sale the merchandise sold inside the retail shop.

Parklet means a constructed platform located in the public right-of-way and occupying one or more on-street parking spaces, sponsored and maintained by a person or entity as an open public amenity accessible to the general public for use as outdoor seating and/or open space. A restaurant or snack or beverage bar may sponsor and maintain a parklet directly adjacent to the premises for the exclusive use of such as an outdoor dining area.

Permit means an official document issued by Lafayette City-Parish Consolidated Government authorizing the operation of an outdoor dining area, outdoor merchandise display area, pushcart, or parklet reflecting the correct name and address of the permit holder to whom the permit is issued, and reflecting the location and type of the permitted activity.

Permit holder means the person to whom a permit is issued.

Permitted activity means the operation of an outdoor dining area, outdoor merchandise display area, pushcart, or parklet with a permit.

Pushcart means a wheeled cart which may be moved by one person without the assistance of a motor and which is designed and used for the purpose of storing, displaying, exhibiting, selling or offering for sale any food or beverages (except alcoholic beverages).

Restaurant means a commercial establishment, located within a building, having as its primary purpose and function the sale of food, prepared on-premises in a fully functional kitchen, for on-premises consumption, on all days of operation.

Retail shop means a place of business located in a building whose purpose and primary function is displaying, exhibiting, selling or offering merchandise for sale.

Sale, sell , or selling means the lending or exchange of merchandise, including food and beverages, or services for money, and shall include the lending or exchange of merchandise, including food and beverages, for discretionary monetary donations.

Sidewalk means the paved pedestrian walkway adjacent to a roadway and constructed or maintained by Lafayette City-Parish Consolidated Government, whether on public or private property.

Special events means organized special events or activities sponsored and/or produced by governmental or quasi-governmental organizations that are of general public interest and are open to public attendance, including, but not limited to, Mardi Gras, Festival International de Louisiane, Downtown Alive, Bach Lunch, and other events as determined by the downtown management committee.

Planning administrator means the director of the Department of Development and Planning of Lafayette City-Parish Consolidated Government or his/her designee.

(Ord. No. O-072-2018, § 2, 5-5-18)