[HISTORY: Adopted by the Board of County Commissioners of Doña Ana County 2-27-1990 by Ord. No. 72-90. Amendments noted where applicable.]
This chapter may be cited as the "Itinerant and Temporary Vendors Licensing Ordinance."
It is presumed that all itinerant vendors and temporary site-specific vendors engaging in business within the geographical boundaries of Doña Ana County, New Mexico, excluding areas within the jurisdictional limits of any incorporated municipality, are subject to the provisions of this chapter unless exempt by NMSA § 7-23-1 or other statute.
The following words, as used in this chapter, are defined as follows:
- CLEAR SIGHT TRIANGLE
- As defined in Chapter 157, Design and Construction Standards, § 157-10, of the Doña Ana County Code.
- The County Clerk of Doña Ana County, New Mexico, or his duly authorized representative.
- The Board of County Commissioners of Doña Ana County, New Mexico.
- COMMUNITY DEVELOPMENT DIRECTOR
- The Doña Ana County Community Development Director or his duly authorized representative.
- Doña Ana County, New Mexico.
- ENGAGING IN BUSINESS
- Carrying on or causing to be carried on any trade or commerce with the purpose of direct or indirect benefit.
- ENVIRONMENTAL IMPROVEMENT DIVISION (EID)
- A division of the State of New Mexico Health and Environment Department.
- A corporation, firm or other body corporate, partnership, association or individual, including an executor, administrator, trustee, receiver or other representative appointed according to law and acting in a representative capacity, but excluding the United States of America, the State of New Mexico, any corporation, department, instrumentality, or agency of the federal government or the state government, or any political subdivision of the state.
- SERVICE AREA
- The geographical boundaries of Doña Ana County, New Mexico, including privately owned land or land owned by the United States, excluding areas within the jurisdictional limits of any incorporated municipality.
- VENDOR, ITINERANT
- A person who sells, offers to sell, displays for sale, solicits or takes orders for such items as food, merchandise, or services of any character from nonspecified locations, including, but not limited to ice cream trucks, snack wagons, food carts, traveling salesmen and all other mobile vendors.
- VENDOR, TEMPORARY SITE-SPECIFIC
- A person who sells, offers to sell, displays for sale, solicits or takes orders for such items as food, merchandise, or services of any character at a specific location for a period not exceeding 120 days.
The Clerk, acting on behalf of the County, is the issuing agent of licenses under the terms of this chapter.
Before any application for a vendor's license is approved by the Clerk under this chapter, the applicant shall submit the application to the Community Development Director for review. The Community Development Director shall review each application for consistency with applicable planning laws and regulations. An approval or disapproval shall be indicated on the application form and signed by the Community Development Director. Approval by the Community Development Director is necessary before the Clerk may issue any vendor's license.
Itinerant vendors engaging in business in the service area shall pay an annual license fee as set forth in Chapter 179, Fees and Permits. Temporary site-specific vendors shall pay a license fee at the rate set forth in Chapter 179, Fees and Permits, with a maximum set forth therein for the entire maximum allowable period of 120 days for each site.
Itinerant vendors and temporary site-specific vendors shall comply with all applicable local, state, and federal laws and regulations.
Vendors are responsible for complying with the following requirements:
All food vendors must comply with New Mexico Environment Department Food Service and Food Processing Regulations. An Environment Department, Food Program, food service permit must be obtained prior to approval of a vendor's license.
Vendors engaging in business within the Las Cruces Extraterritorial Zone must comply with the regulations of the Las Cruces Extraterritorial Zoning Ordinance No. 88-02.
Editor's Note: A copy of the ordinance is available for review at the office of the Doña Ana County Community Development Department.
Vendors shall not obstruct any public road or right-of-way while engaging in business.
Vendors shall not occupy or obstruct the clear sight triangle at the intersection of any public road or right-of-way while engaging in business.
A minimum area of 20 square feet is required for each display stand.
Each display stand must have a setback of at least 25 feet from any public road or right-of-way.
Each display stand must have at least one trash can receptacle with a minimum height of three feet.
All display signs must be placed in areas that do not obstruct traffic or the public view.
Two customer parking spaces must be provided for each display stand and one space for every 200 square feet or portion thereof of the designated display area.
Every vendor covered by this chapter shall at all times prominently display the vendor's license issued by the County Clerk's office.