For the purpose of this division the following terms shall have
the following meanings:
The purchase and sale of goods in an attempt to make a profit.
Goods, wares, or merchandise including but not limited to:
fruits, vegetables, farm products or provisions, dairy products, pets,
animals, fish, game, poultry, meat, plants, flowers, appliances, wearing
apparel, jewelry, ornaments, art work, cosmetics and beauty aids,
health products, medicines, household or garden items or furnishings,
food of any kind, whether or not for immediate consumption, confections
or drinks. Nothing in this article shall allow the exhibiting, display
or sale of any merchandise that is indecent, profane, obscene, or
vulgar.
The area inside of the 1911 incorporated boundaries of the
city including the city co-op property.
Soliciting, selling, or taking orders, or offering to take
orders, for any commodity or services which, at the time the order
is taken, are in or will be produced in any federal district or territory,
any commonwealth, or any state other than the state, and shipped or
introduced into this city in the fulfillment of such orders.
Any person who exhibits, displays, sells or offers for sale
any commodity from a stand located on public or private property or
on the streets of the city. This definition does not include:
A door-to-door “peddler” or “solicitor”
as defined in this code;
Activities authorized by a “special event permit”
issued pursuant to this code;
“Temporary use permit” pursuant to the city’s
unified development code; and
Persons selling agricultural products, which are raised or produced
by them, within the city farmers’ market.
Persons who offer food or drink or other commodities for
sale from a motor vehicle or any other conveyance in a public place.
Every motor vehicle or any other conveyance used to vend
food or drink on city streets.
Any person, firm or corporation who owns, leases, contracts
or in any other manner operates or permits a person to operate upon
the city streets any motor vehicles for the purpose of vending as
herein defined.
The ground, or any place, showcase, table, bench, rack, handcart,
pushcart, stall, booth, vehicle or any other fixture or device or
thing that is used for the purpose of displaying, exhibiting, carrying,
transporting, storing, selling or offering for sale any commodity.
All areas legally open to public use as public streets, and
sidewalks, roadways, highways, parkways, alleys and any other public
way.
Offering food or drink for sale from a motor vehicle on the
city streets.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
The special provisions set forth in this division shall apply
to mobile street vendors and operators as herein defined and shall
supersede any conflicting provisions found elsewhere in the city code.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a)
Any person who violates or fails to comply with the provisions of any section of this article is guilty of a class C misdemeanor and upon conviction shall be punishable by a fine as provided in the general penalty section 1.01.009 of this code.
(b)
A
peace officer may impound a vehicle used for the sale of a commodity
which is placed, parked, or maintained on a street in violation of
this article.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
No itinerant vendor may conduct business activities defined
in this article, without prior invitation or appointment with the
occupant of the premises, before 9:00 a.m. and after 8:00 p.m. on
any day.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
The following rules and regulations shall be complied with by
each itinerant vendor. It shall be unlawful for any itinerant vendor
to sell or attempt to sell any commodity:
(1)
By
means of any outcry, sound, speaker or amplifier, or any instrument,
or device, which can be heard for a distance greater than three hundred
feet;
(2)
In
any manner that distracts drivers, such as by displaying fluttering,
undulating, rotating, spinning or waving devices, whether or not such
devices are for sale;
(3)
Within
1,000 feet of a hospital, college, elementary school, middle school
or high school;
(4)
Inside
the boundaries of the historic overlay district without minor modification
approval by the planning and zoning commission;
(5)
In
such a way that pedestrian or motor vehicle traffic is obstructed;
(6)
In
such way that obstructs traffic signals or regulatory signs;
(7)
Having
signage that is not in compliance with the provisions of the unified
development code; or
(8)
In
such a place or in a way as would restrict or interfere with the ingress
or egress of the abutting property owner or tenant, create a nuisance,
increase traffic congestion or delay, constitute a hazard to traffic,
life or property, or obstruct adequate access to city vehicles, including
emergency and sanitation vehicles.
(Ordinance O-14-06-19-7B1 adopted 6/19/14; Ordinance O-18-04-19-8C adopted 4/19/18)
Mobile street vendors shall be required to comply and it shall
be an offense not to comply with any of the following special requirements:
(1)
A
person shall vend only when the motor vehicle is lawfully stopped.
(2)
A
person shall vend only from the side of the motor vehicle away from
moving traffic and as near as possible to the curb or side of the
street.
(3)
A
person shall not vend to a person standing in the roadway.
(4)
A
person shall not stop on the left side of a one-way street to vend.
(5)
A
person shall not stop in a congested area where vending might impede
or inconvenience the public.
(6)
A
person shall not vend in a street adjacent to a public school.
(7)
A
person shall not stop a motor vehicle for purposes of vending within
one hundred (100) feet of a street intersection.
(8)
No
mobile street vendor shall be in operation, doing business, or going
from place to place before 7:00 a.m. or after 8:00 p.m. A violation
of this subsection shall be a misdemeanor offense.
(9)
A
mobile food vendor shall not use any outcry, sound, speaker or amplifier,
or any instrument, or device which can be heard for a distance greater
than three hundred feet.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
For purposes of this division, the judgment of a police officer
exercised in good faith shall be deemed conclusive as to whether the
area is congested or the public impeded or inconvenienced or a stop
is for a temporary or stationary period of time.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Any itinerant vendor or vendor operating out of a motor vehicle or trailer, as defined in the Texas Transportation Code, that wishes to locate within the historic overlay district, as described in section 8.04.072 of this article, shall locate on the properties directly abutting the east side of Short Street, north of Farley Street and South of West Pecan Street. Otherwise, minor modification approval by the planning and zoning commission must be obtained for locating elsewhere in Old Town Hutto. This section does not apply to special events and small market events. Motor vehicles in the designated vendor zone that sell food items shall be designed and intended for vending. Ordinary vehicles, vans, and pick-up trucks shall not be permitted for food vending operations. The International Property Maintenance Code, federal, state and county codes, and all other applicable codes and ordinances adopted by the city shall apply to the designated vendor zone regarding structures and properties.
(Ordinance O-18-04-19-8C adopted 4/19/18)
It shall be unlawful for any itinerant vendor or mobile street
vendor to engage in business as defined in this article within the
incorporated city limits without first obtaining a permit from the
city.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Any person desiring to engage in activities as an itinerant
vendor or mobile street vendor within the city must file a written
application for permit with the city manager or his/her designee at
least twenty-one (21) days prior to the initial contemplated sale
or exhibit. Each applicant shall provide the following information:
(1)
Full
name and address of the itinerant vendor, including current telephone
number;
(2)
Proof
of identity, including date of birth, a copy of a current driver’s
license or identification card and a recent photographic likeness
of the applicant’s face;
(3)
The
location of the applicant’s principal office and place of business;
(4)
If
the applicant is employed by another, the names, dates of birth, and
addresses of the person, firm, association, organization, company
or corporation;
(5)
A
complete Department of Public Safety (DPS) criminal history, issued
within ninety (90) days of the date of application, for the applicant
and each individual involved and/or the owners of the entity making
the application, as well as for all workers, helpers, employees, assistants,
agents or other persons who will be on the site;
(6)
If
a motor vehicle is to be used, a description of the vehicle together
with the vehicle identification number and license plate number;
(7)
If
the vending is to occur on private property, written proof of the
property owner’s permission must accompany the application,
and must include a statement from the owner as to the exact dates
and times that the applicant is allowed to conduct itinerant vendor
activities on the owner’s property;
(8)
A
statement detailing the type and character of the commodity to be
sold, offered for sale or exhibited. Nothing in this chapter shall
allow the exhibiting, display or sale of any merchandise that is indecent,
profane, obscene, or vulgar;
(9)
A
copy of the applicant’s state limited sales and use tax permit;
and
(10)
If the commodity being vended is food or drink, a copy of the Williamson
County Cities and Health District permit.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
The provisions of this division concerning permit requirements
shall not apply to persons who come within any of the following classifications:
(1)
Persons
engaged in a business or activity which the state or federal government
has exclusive authority to regulate.
(3)
Persons
engaged in business activity at the express invitation of the occupant
or owner of such house or business.
(4)
Individuals,
who are engaged in, belonging to, or member of, an entity of the Hutto
Independent School District; a qualified civic organization; 501c3
nonprofit organization; or religious organization, as determined by
the chief of police, for the express purpose of fundraising, when
no other permits are required. Determination of chief of police may
be appealed to the city council if written notice is filed with the
city secretary within ten days of said determination.
(5)
Governmental
entities.
(6)
Lemonade
stands and similar activities conducted and operated entirely by children
under the age of sixteen (16) years and upon the private residential
premises of such children.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a)
The permit application shall be accompanied by fees for each vehicle or stand used in vending in accordance with the fee schedule in appendix A of this code.
(b)
No
fee shall be charged to any bona fide certified charitable, religious,
educational, or philanthropic organization, or persons engaged in
interstate commerce.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
180 days for Itinerant vendors and vendors operating out of
a trailer, as defined by the Texas Transportation Code, within the
designated vendor zone within the historic overlay district, or until
revoked under the provisions of this article.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
Upon receipt of a completed application and fees, the city manager
or his/her designee shall review the application and consider the
issuance of a permit authorizing the sale, exhibit for sale, offer
for sale, or exhibit for the purpose of taking orders for the sale
thereof, in the city for a period not to exceed one hundred and eighty
(180) days. The permit is not transferable or assignable. The itinerant
vendor permit or mobile street vendor permit must be conspicuously
displayed at all times during the operation of the vending business.
A person commits an offense under this article if the person fails
to display the itinerant vendor permit or mobile street vendor permit
to a peace officer or code enforcement officer during the time the
person is operating at the permitted location.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
The city manager or his/her designee may not issue a permit
under this section unless the city’s engineer (or his/her designee)
has reviewed the request for a permit and determines that the proposed
location:
(1)
Has
been approved by the Texas Department of Transportation engineer if
the location involves a right-of-way covered by a state-city maintenance
agreement;
(2)
Has
been the site of more than three motor vehicle accidents during the
12-month period immediately preceding the date of the application;
(3)
Has
a turnout, curbside parking, or other parking space available that
may be used to transact a sale;
(4)
Is
not expected to cause excessive vehicle delays, vehicle surges, or
lane changes;
(5)
Has
customary street traffic volumes that do not significantly impede
the flow of vehicular traffic;
(6)
Complies
with the provisions of section 552.007 (solicitation by pedestrians)
of the Texas Transportation Code and section 42.03 (obstructing highway
or other passageway) of the Texas Penal Code;
(7)
Is
not expected to cause or significantly contribute to street congestion
or make access to abutting public or private property unreasonable
inconvenient or hazardous;
(8)
Is
not expected to impede the flow of street traffic to make the use
of the street unreasonably inconvenient or hazardous; or
(9)
If
other permits are issued for that location for the same time period(s),
and whether the applicant failed to pay any outstanding debts, fines,
or fees owed to the city or a consumer.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
A permit may be renewed, provided an application for renewal
and permit fees are received by the city no later than the expiration
date of the current permit. Any application received after that date
shall be processed as a new application. The city manager or his/her
designee shall review each application for renewal, and upon determining
that the applicant is in full compliance with the provisions of this
article, shall issue a new permit.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
(a)
In
addition to the penalties contained herein, any permit issued under
this article may be suspended or revoked for any of the following
reasons:
(1)
Fraud, misrepresentation or knowingly making a false statement in
the application for the permit;
(2)
Fraud, misrepresentation or knowingly making a false statement in
the course of carrying on the business of vending;
(3)
Refusing to fully reimburse consumer if provided with timely notice
of the consumer’s intent to cancel the transaction and return
of the commodity;
(4)
Conducting the business of vending in any manner contrary to the
conditions of the permit or this article;
(5)
Conducting the business of vending in such a manner as to create
a public nuisance, cause a breach of peace, constitute a danger to
the public health, safety, welfare or morals, or interfere with the
rights of abutting property owners; or
(6)
Violating any other applicable city code provision.
(b)
The
city manager or his/her designee shall provide written notice of the
suspension or revocation in a brief statement setting forth the complaint,
the grounds for suspension or revocation, and notifying the permitted
itinerant vendor or mobile street vendor permit of the right to appeal.
Such notice shall be mailed to the address on the itinerant vendor
application by certified mail, return receipt requested, or presented
in person or via hand delivery to the itinerant vendor.
(c)
If
the city revokes an itinerant vendor permit or mobile street vendor
permit, the fee already paid shall be forfeited. A person whose permit
has been revoked under this article may not apply for a new permit
for a period of one year from the date that the revocation took effect.
(Ordinance O-14-06-19-7B1 adopted 6/19/14)
