[HISTORY: Adopted by the Mayor and Council of the City of
Española 10-22-2019 by Ord.
No. 2019-06.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance repealed former Ch. 158, Businesses,
Regulation of, adopted 5-2-1995 by Ord. No. 532 (Ch. 26 of the Code
of Ordinances), as amended.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
- BUSINESS REGISTRATION
- A document issued by the City Clerk containing all the approvals and information necessary to authorize a business activity within a fixed and permanent structure. This shall include home based businesses but shall not include a transient vendor or temporary sale as defined in this chapter.
- EXTRATERRITORIAL BUSINESS REGISTRATION
- A document issued by the City Clerk containing all the approvals and information necessary to authorize a business service activity within the City limits by a contractor or service provider who is legally registered in another jurisdiction in the state of NM and who is providing a service within the City limits but who does not have a fixed and permanent structure within City limits. This shall not include retail sales, but may include sales of products or materials necessary and accessory to providing a service.
- GARAGE SALE
- A sale of goods from a private residence which occurs on a non-regular basis at intervals greater than six months apart at the same residence.
- LIVESTOCK
- Any domesticated animal generally kept for the purpose of providing food or other services to humans. The word "livestock" includes, but is not limited to, cows, horses, fowl, goats and other animals normally found on farms or ranches.
- PERMIT
- A document issued by the City containing all the approvals and information necessary to authorize a business activity.
- SIDEWALK SALE
- An outdoor display for the exhibition or sale of goods, services or produce on any portion of the exterior of the property owned and/or adjacent to any retail sales establishments. Sidewalk sales are permitted by any legally operating business immediately in front of the place of business where the goods, services or produce are normally sold. No merchandise, displays, equipment, or similar items may encroach upon the public sidewalk nor obstruct the movement of pedestrians or vehicles. No additional permit is required. This shall not include transient vendors or temporary sales.
- TEMPORARY SALE
- The sale or offering for sale of services and goods for 14 consecutive days or less at a private residence, church, school, shopping center or other similar facility. This type of sale shall include, but not be limited to, garage sales, rummage sales, yard sales and the sale of livestock and other farm animals.
- TEMPORARY SALES PERMIT
- A document issued by the City containing all the approvals and information necessary to authorize the sale of goods and merchandise, including livestock and garage/rummage sales from a private residence, church, school or other similar facility.
- TRANSIENT VENDOR
- All merchants, vendors, peddlers or hawkers going from door to door, street to street or business to business, or located at a temporary site or mobile structure, offering goods or services for sale.
- VENDOR PERMIT
- A document issued by the City containing all the approvals and information necessary to authorize the sale of goods or services by a transient vendor within City limits.
This chapter responds to the need for a measure of protection
to the citizens of the City by monitoring to some degree the operations
of businesses, vendors, solicitors, peddlers, hawkers and itinerant
merchants within the City and to set fees to offset the administrative
costs. This chapter will monitor to some degree the sale of goods
and services but does not endorse, warrant, insure or promote any
goods, services or their vendors. To establish a method of monitoring
gross receipts taxes due from those doing business within the City,
as well as verification of compliance with other municipal ordinances,
businesses shall be required by this chapter to obtain a business
registration from the City Clerk.
This chapter shall apply within City limits as set out in the
current official Zoning Map of the City and shall equally apply to
non-Indians open for business to the general public on Indian lands
located within the City limits.
This chapter shall be enforced by the Code Enforcement Officer,
City Manager, their designees or any City police officer.
It is unlawful to:
A.
Solicit the sale of goods or services door-to-door without the express
verbal or written permission of the owner or lawful occupant.
B.
Sell or give away livestock or other animals within or adjacent to
a public right-of-way.
C.
Sell or offer for sale any goods or services or solicit any gifts,
donations or contributions within City boundaries without first obtaining
the appropriate permit or business registration, as prescribed by
this chapter.
A.
All persons doing business in a fixed and permanent structure within
the City shall first obtain a business registration from the City
Clerk. This shall include a business that only provides a service,
including security to individuals, residential areas or business establishments,
if it operates from a fixed and permanent structure within City limits.
B.
All persons providing a service within City limits who are legally
registered in another jurisdiction of the State of New Mexico but
who do not have a fixed and permanent structure within the City shall
first obtain an extraterritorial business registration from the City
Clerk. This shall include a business that provides security to individuals,
residential areas or business establishments within the City but who
does not operate from a fixed and permanent structure within City
limits. This shall not include retail sales of goods or products.
C.
Applications for a business registration or extraterritorial business
registration must be filed with the City Planning and Zoning Department
on a form to be furnished by the City and must include the following:
(1)
The applicant's name, business name, and federal identification
number (EIN or social security number).
(2)
The applicant's mailing address and contact information.
(3)
The applicant's state tax identification number (CRS#) and filing
location code.
(4)
A brief description of the nature of the business and goods or services
to be sold, and the corresponding NAICS code.
(5)
The location where the business will be conducted and property owner's
name, address and contact information. If the business is to be conducted
at a location not owned by the applicant, a lease or other written
permission from the owner is required.
(6)
A copy of any professional license, permit or registration issued
or required by the New Mexico Regulation and Licensing Division. Such
license, permit, or registration shall be current and valid.
(7)
A copy of any license, permit, or certificate issued by the New Mexico
Environment Department. Such license, permit or certification shall
be current and valid.
(8)
Proof of insurance.
(9)
A list of corporate officers for corporations, limited liability
corporations, nonprofit corporations or other similar legal entities.
(10)
Any other pertinent information reasonably necessary to approve
the application.
A.
Any person who, except from a fixed and permanent structure, solicits
donations, contributions, or gifts or who sells or offers for sale
goods, services or merchandise in or upon private property, public
property, or shopping centers, whether by foot, vehicle or at a roadside
stand, whether or not for profit, shall first procure a vendor permit
from the City, unless a specific exception or other permit is specified
in this chapter.
B.
Applications for a vendor permit must be filed with the City Planning
and Zoning Department on a form to be furnished by the City and must
include the following:
(1)
The applicant's name, mailing address and contact information.
(2)
The applicant's driver license number or state-issued identification
number.
(3)
A description of the goods to be sold or the service to be provided.
(4)
The desired length of time for the permit.
(5)
The location where the business will be conducted and property owner's
name, address and contact information. If the business is to be conducted
at a location not owned by the applicant, written permission from
the owner is required.
(6)
A copy or any license, permit, or certificate issued by the New Mexico
Environment Department or New Mexico Regulation and Licensing Division.
Such license, permit or certification shall be current and valid.
(7)
Any other pertinent information reasonably necessary to approve the
application.
Any person or organization who holds a temporary sale or garage
sale as defined by this chapter shall be subject to the following:
A.
Temporary sales shall require a vendor permit from the City as specified
in this chapter unless they are sidewalk sales as defined by this
chapter.
B.
Garage sales held on private residential property shall not require
a permit from the City unless they are held adjacent to NM 68/Riverside
Drive or US 84/285/Paseo de Oñate. Garage sales held in such
locations are considered temporary sales and shall require a vendor
permit.
Before a permit or registration becomes effective, the fee as specified in Chapter 171 shall be paid to the City.
All business registrations issued under the provisions of this article shall expire on December 31 of the current calendar year. A thirty-day grace period to acquire a new registration shall be allowed for renewal of the registration for businesses holding the previous year's registration. After January 30, a late fee as specified in Chapter 171 shall be imposed for the renewal of an expired registration.
Permits and registrations issued under the provisions of this
article may be revoked by the City for any of the following causes:
A.
Fraud, misrepresentation, or false statement contained in the application
for license.
B.
Fraud, unfair or unconscionable trade practices in the course of
business.
C.
Any violation of this chapter.
D.
Conducting the business in such a manner as to constitute a breach
of the peace or a danger to the health, safety, or general welfare
of the public.
A.
A person aggrieved by any decision under this chapter may, within
15 days of the decision appealed from, file with the Planning and
Land Use Department a written notice of appeal specifying the grounds
for the complaint. Failure to file a timely notice of appeal shall
constitute a waiver of any complaint and shall deprive the Planning
and Zoning Commission of jurisdiction to hear the appeal.
B.
All appeals shall be heard by the Planning and Zoning Commission
in a quasi-judicial public hearing. The aggrieved party may be represented
by counsel and shall have the right to present evidence and to cross
examine witnesses under oath. The appeal shall be heard at the next
regular meeting of the Planning and Zoning Commission or within 14
days following the date of filing. Unless the enforcement officer
certifies that delay in enforcement will cause serious and imminent
harm to safety or property, the filing of an appeal shall stay all
enforcement actions.
C.
Revocation of a business registration or permit shall require notice
and hearing. Notice of a hearing for a proposed revocation of a registration
or permit shall be given to the registrant or permittee in writing,
setting forth specifically the grounds for proposed revocation and
the time and place of the hearing. Such notice shall be mailed by
certified mail to the registrant or permittee at his last known address
at least 15 days prior to the date set for the hearing.
D.
The decision of the Planning and Zoning Commission regarding any
appeal or revocation hearing is final unless, upon application within
15 days of the Commission's decision, the City Council agrees
to review the decision. If so, the City Council shall hear the matter
at the next regularly scheduled City Council meeting, and the applicant
shall be permitted to present evidence, cross examine witnesses and
be represented by counsel.
