In this article:
The owner of a temporary public amusement or temporary commercial
activity who has applied for a permit under this article.
The person designated in the application as the person directly
responsible for managing the operation if a permit is issued under
the provisions of this article.
Either a temporary public amusement or a temporary commercial
activity for which a permit application has been submitted or for
which a permit has been issued, as the case may be, under the provisions
of this article.
The person or persons who hold title to, lease or who have
an equity interest in the operation to be permitted under this article.
The person identified in the registration application filed
under this article who is authorized to receive on behalf of the operation
any legal process or notice required for or provided for in this article.
An enterprise that, for a primarily commercial purpose, offers
goods for sale on an occasional basis. The term includes, without
limitation, Christmas tree lots and seasonal plant sales.
Any traveling or itinerant amusement exhibition or show that,
for a primarily commercial purpose, offers midway games and concessions,
food concessions, or other commercial entertainment attractions including,
without limitation, seasonal amusements such as “spook houses.”
The term specifically includes, without limitation, an attraction
that offers to the public amusement rides as defined in Chapter 2151,
Tex. Occ. Code and circuses as defined by section 2152.001, Tex. Occ.
Code.
(Ordinance 6362, sec. 1, adopted 10/20/09)
(A)
It
shall be unlawful for any person to operate a temporary public amusement
or a temporary commercial activity in the City that has not been issued
a permit as required by this article. A permit issued under this article
is not transferable.
(B)
The
owner of a temporary public amusement or a temporary commercial activity
shall apply for a permit by providing to the Building Official the
following information regarding the operation:
(1)
The name, telephone number, facsimile number and business or residence
address of the owner; and, if the owner is a corporation, whether
foreign or domestic, the name of the registered agent of the owner
and the telephone number and facsimile number and business or residence
address of the registered agent (including the street name and number,
office or suite number if a business address, and the city, state,
and zip code);
(2)
The nature and extent of each owner’s interest in the operation;
(3)
The name, telephone number, facsimile number, and business or residence
address (including the street name and number, office or suite number
if a business address, and the city, state, and zip code) of the current
manager (the applicant must provide the physical address of the manager
-the use of a public or private post office box or other similar address
is not sufficient);
(4)
If the proposed operation is a temporary public amusement, a list
of all shows, amusement rides, concession booths, and other businesses
and attractions expected in connection with the temporary commercial
amusement facility, listing same by name and with a description of
each;
(5)
If the proposed operation is a temporary commercial activity, a list
of all goods (by general category, if more than 10) to be offered
for sale;
(6)
If the proposed operation is a circus as defined by section 2152.001,
Tex. Occ. Code., a copy of the current, valid license issued to the
owner under Chapter 2152, Tex. Occ. Code;
(7)
If the proposed operation will offer any class of amusement ride,
as defined by Chapter 2151, Tex. Occ. Code, a copy of the written
inspection certificate and insurance policy required under section
2151.101(a), Tex. Occ. Code, a copy of any records of governmental
action and quarterly reports required under section 2151.1022, Tex
Occ. Code, a copy of any injury reports required under section 2151.103,
Tex. Occ. Code, and a copy of any order or reinspection certificate
required under section 2151.1525, Tex. Occ. Code and section 2151.1526,
Tex. Occ. Code;
(8)
If the operation is a temporary commercial amusement, and regardless
of whether the operation offers an amusement ride as defined in Chapter
2151, Tex. Occ. Code, proof insurance of the type described in section
2151.101, Tex. Occ. Code; and
(C)
A permit
application must be filed with the Building Official at least two
weeks prior to the commencement of the operation for which the permit
is sought.
(D)
The temporary public amusement application must be signed by the applicant and shall be accompanied by a non-refundable permit fee in the amount designated in the Master Fee and Rate Schedule, Article VII, Section 10.85, of Chapter 10, to compensate the City for the cost of administering this article. The applicant shall sign the permit application under penalty of perjury.
(E)
It
shall be unlawful for any person to file an application for a permit
under this article that contains any false statement of fact.
(Ordinance 6362, sec. 1, adopted 10/20/09; Ordinance
7363 adopted 9/6/2022)
(A)
The
Building Official shall issue the applicant a permit of the category
for which the applicant applied if the Building Official determines
that the application has been fully and accurately completed, that
all required records have been provided, and that the permit application
fee has been paid; if not, the Building Official may deny the permit
and deliver written notice to the applicant that the application is
denied, including in the notice the reasons for denying the application.
(B)
The
Building Official may revoke a permit if the Building Official determines
that reasonable cause exists to believe that:
(1)
A statement of fact contained in the application was false or materially
misleading;
(2)
The permit holder has failed to comply with any of the provisions
of this article;
(3)
Any license, certificate, or other authorization required of the
permit holder under either Chapter 2151 or Chapter 2152, Tex. Occ.
Code, has been suspended or revoked; or
(4)
The operation violates in any material and adverse respect any applicable
provision of this Code.
(C)
The
Building Official shall provide notice of the revocation by certified
mail, personal service, or courier-receipted commercial delivery sent
to the address provided on the permit holder’s application or
by delivering notice, at the place of operation, to the manager of
the operation named in the permit application. The permit holder may
appeal the denial or revocation of a permit to the City Manager or
a designated representative of the City Manager by filing a written
notice of appeal with the Building Official within ten days of delivery
of notice of the denial or revocation. The City Manager (or the designated
representative) shall render a decision on the appeal within fifteen
days of the date of the hearing. The decision of the City Manager
or the designated representative shall be final. A revocation shall
remain in effect for a period of eighteen months, during which time
the permit holder may not be issued another permit under this article.
(D)
The
provisions contained in this section are cumulative of all other remedies
and are non-exclusive. Nothing in this section shall be deemed or
construed to limit the availability of any remedy against any person
or property otherwise provided by law including, without limitation,
fines, penalties, closure, injunction or any other action or remedy
provided by law.
(Ordinance 6362, sec. 1, adopted 10/20/09)
(A)
A temporary
public amusement shall not operate before 7:00 a.m. or later than
11:00 p.m. on weekdays (Sunday through Thursday) or 12:00 p.m. (midnight)
on Friday and Saturday.
(B)
No
living quarters of any kind shall be permitted to be located on the
site of an operation except self-contained units needed for proper
and customary security measures.
(C)
If
the operation is a temporary public amusement, the owner shall provide
to the City, as beneficiary, a bond, letter of credit, or cash escrow
deposit in the amount of $2,000.00 prior to the issuance of a permit
under this article. The bond or other security shall be conditioned
that the applicant shall not cause, suffer or permit any litter, trash
or debris resulting from the activities of the operation to remain
on the permitted premises following the expiration or revocation of
the permit. Any funds obtained by the City under the security posted
under this section shall be used only for the purpose of clearing
the premises of litter, trash and debris, and shall not be part of
the City’s general fund. If a premises for which a bond or other
security is provided under this section has been cleaned of all such
litter, trash or debris, then the person who posted the bond or other
security shall be entitled to the cancellation of the bond or letter
of credit, or a refund of the amounts then held for the property in
the escrow account, as the case may be.
(D)
Unless
sooner revoked under the provisions of this article, a permit for
a temporary public amusement shall be valid for 14 days. Only two
permits for a temporary public amusement may be issued for a given
location during any one calendar year.
(E)
Unless
sooner revoked under the provisions of this article, a permit for
a temporary commercial activity shall be valid for a period not to
exceed 90 days. The Building Official may grant one 30-day extension.
Only one permit for a temporary commercial activity may be issued
for a given location during any one calendar year. Notwithstanding
the foregoing, if the temporary commercial activity is a Christmas
tree lot, the operation may commence November 15th and shall discontinue
December 25th. Sales may not begin prior to November 15th and the
site must be cleaned and vacated by January 1st.
(F)
If
the temporary commercial activity is to be operated by the holder
of a certificate of occupancy on premises covered by that certificate
of occupancy, the permit may be issued only to the current holder
of the certificate of occupancy and only for a site that contains
a minimum of 100 required parking spaces. The displayed merchandise
shall not exceed ten feet in height and shall have a front and side
street set back the same as the building for which the certificate
of occupancy was issued unless a solid six (6) foot screen is provided.
A temporary commercial activity shall be located so that it will not
adversely affect parking. All goods and merchandise offered for sale
at a temporary commercial activity shall be promptly removed from
the permitted premises upon expiration or revocation of the permit.
(G)
All
outdoor operations, except church bazaars, shall be located at a minimum
of 300 feet from a residential structure provided that, if the outdoor
operation is a temporary public amusement that offers public amusement
rides, the minimum distance shall be 500 feet. For the purposes of
this subsection, measurement shall be made in a straight line, without
regard to intervening buildings, structures or objects, from the nearest
portion of any equipment used in the operation to the nearest property
line of the lot on which the residential structure is located.
(Ordinance 6362, sec. 1, adopted 10/20/09; Ordinance 6510, sec. 1, adopted 1/3/12)
