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.
Any person who conducts business within the City and is unable to produce the proper permit or business registration upon the request of any customer or enforcement officer commits an offense punishable as provided in Chapter
1, General Provisions, Article
III, Violations and Penalties, §
1-19.
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.
All signs must conform to Chapter
350, Zoning and Development, Article
IX, Signs, and any amendments thereto.
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.
C. Signs for garage sales and temporary sales shall comply with Chapter
350, Article
IX, of the Municipal Code.
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.