The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
means a business that produces and sells beer or other malt
beverages on site and which business holds a current, valid Texas
Alcohol Beverage Commission type BW or BP permit.
means a precise geographic location within the city, from
which a commercial enterprise is conducted from within a building
or structure that is in compliance with the building codes of the
city, and that is occupied by the same business for 30 consecutive
days or more.
means a food service establishment that is vehicle-mounted
or wheeled and is capable of being readily moveable.
means the sale or offering for sale of literature or merchandise,
or the solicitation of support or contributions, for political, religious,
charitable, civic or other noncommercial cause.
means the sale or offering for sale of any goods, wares,
service or merchandise, including food products, to the general public
from a location other than a fixed business location.
(Ordinance 06-620, sec. 1, adopted 3/9/06; 2007 Code, sec. 30-83; Ordinance 22-936, sec. 1, adopted 5/26/22)
Persons conducting newspaper sales or religious, civic or charitable solicitations or sales are exempt from sections 5.05.104 through 5.05.108.
(Ordinance 06-620, sec. 1, adopted 3/9/06; Ordinance 18-828, sec. 3, adopted 9/13/18; 2007
Code, sec. 30-84)
(a)
No
person shall park or stop any vehicle upon any street or alley within
the city for the purpose of offering for sale or selling any goods,
wares, services or merchandise, including food products, from the
vehicle so parked or stopped.
(b)
Subsection (a) of this section shall not prohibit the stopping or parking of trucks or other vehicles in the streets or alleys of the city for the purpose of delivering products or merchandise to the occupants of any business, residence or other structure not specifically prohibited by ordinance or statute.
(Ordinance 06-620, sec. 1, adopted 3/9/06; 2007 Code, sec. 30-85)
No person shall operate a transient retail business within the
city without a license issued by the city. Each location shall constitute
a separate business.
(Ordinance 06-620, sec. 1, adopted 3/9/06; 2007 Code, sec. 30-86)
Application for a transient retail business license shall be
made to the building official and shall contain:
(1)
The
name, permanent street mailing address and telephone number of the
principal owner of the business. If an assumed name is used for the
principal owner of the business, then the name of the business shall
also be supplied;
(2)
The
principal occupation of the business and identity of the goods, wares
or services to be offered for sale by the business;
(3)
The
state sales tax permit number;
(4)
The
name, local address and local telephone number of the supervisor or
person in charge of the transient business;
(5)
The
name, local address and local telephone number of each agent, representative,
or consignee of the transient business who will be conducting such
business within the city;
(6)
If
the business is to be conducted on premises owned by a person other
than the owner of the business to which such license would pertain,
then the application shall contain the name and address of the property
owner, together with the express written permission of such owner
to conduct the proposed business at such location; and
(7)
A
parking plan for the property upon which the transient retail business
is to be located.
(Ordinance 06-620, sec. 1, adopted 3/9/06; 2007 Code, sec. 30-87)
(a)
A
transient retail business license issued under this article shall
require a fee as currently established or as hereafter adopted by
resolution of the city council from time to time for each issuance.
(b)
A
transient retail business license shall be valid for one year, provided
that sales may not be conducted for longer than 30 consecutive days
or 60 cumulative days in any 12-month period.
(c)
Any
change in the information in the application shall require the re-issuance
of the license by submitting a new application and fee. The re-issuance
of the license, under such circumstances, does not reinstate the original
license date or exclude the cumulative number of days of operation
under the original license at the time of re-issuance.
(d)
Subsection (b) of this section does not apply to a mobile food unit operating on the premises of a brewery if:
(1)
The operator of the mobile food unit has a valid license issued under section 5.05.104 of this article;
(2)
The mobile food unit is serviced by an approved commissary before
and after each day of operation as evidenced by commissary trip tickets
conspicuously posted in the mobile food unit; and
(3)
The mobile food unit has a current annual inspection certificate
from the building and permits department and fire marshal’s
office.
(Ordinance 06-620, sec. 1, adopted 3/9/06; Ordinance 14-746, sec. 1, adopted 10/23/14; 2007
Code, sec. 30-88; Ordinance 22-936, sec. 2, adopted 5/26/22)
Prior to issuance of a license, the building official shall
determine that the location has adequate parking spaces for customers
and employees, exclusive of any public right-of-way.
(Ordinance 06-620, sec. 1, adopted 3/9/06; 2007 Code, sec. 30-89)
A license issued under this division shall be conspicuously
displayed at the location where the transient retail business is conducted.
A transient retail business shall, if requested by the customer, issue
such customer a receipt in the name of such business as shown on the
license application.
(Ordinance 06-620, sec. 1, adopted 3/9/06; 2007 Code, sec. 30-90)
(a)
Solicitation of persons in vehicles.
Except as permitted
by state law, it shall be unlawful for any person to peddle, sell,
offer, or exhibit for sale any merchandise or service, whether for
profit, for a charitable purpose or otherwise, to any person in a
motor vehicle, truck, motorcycle or other vehicle while the vehicle
is located within a public right-of-way.
(b)
Solicitation in public right-of-way.
Except as permitted
by state law, it shall be unlawful for any person to solicit funds,
donations, contributions, employment, business or a ride, whether
for profit, for a charitable purpose or otherwise, upon any public
street, street right-of-way, median, traffic island, parkway, or other
public right-of-way, excluding sidewalks designed for pedestrian use.
(c)
Permission required.
It shall be unlawful for any person
to peddle, sell, offer, or exhibit for sale any merchandise or service,
whether for profit, for a charitable purpose or otherwise, on a public
sidewalk or road without previous permission granted by the city manager,
or his/her designee.
(d)
Penalty.
Any person who shall willfully or intentionally violate this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 18-828, secs. 4, 6, adopted 9/13/18; 2007 Code, sec. 30-91; Ordinance adopting 2022 Code)
