The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Business.
Any residence, office, structure, building, or real property, at which the sale of property regularly occurs. The term “business” includes all real property upon which such residences, offices, structures, or buildings are located.
Outdoor business.
Any business which sells or offers for sale property, goods or other items of personal property, outside of an enclosed building, structure or shelter.
Secondhand item.
An item of property which has previously been sold, by any person or entity, and at any previous point in time, as a retail item.
Used item.
A secondhand item. The term “used” also encompasses the customary and normal usage of the term “used.”
(Ordinance 258, sec. I, adopted 6/9/98)
No outdoor business which sells, or which offers for sale, secondhand or used goods, or other used items of personal property, within the city limits of the city, shall be located on the public right-of-way on any road within the city limits. No sale items, goods or signs shall be located in the public right-of-way on any road within the city limits.
(Ordinance 258, sec. II, adopted 6/9/98; Ordinance O-2013-008, sec. 2, adopted 2/12/13)
Outside sales, of secondhand or used goods is prohibited except as expressly provided in this subsection. The term “outside” means outside of a fully enclosed building which is constructed on-site on a lot in compliance with all city codes. It is the intent of this provision to prohibit the use of any yard (front, side, or rear), parking space, setback, easement, or any open land for these purposes.
(Ordinance O-2014-018, sec. 2(exh. A), adopted 7/8/14; Ordinance O-2015-007, sec. 2(exh. A), adopted 3/10/15)
No outdoor business which sells, or which offers for sale, secondhand or used goods, or other used items of personal property, within the city limits of the city, shall be located within 300 feet of the centerline of one or more of the following roadways:
(1) 
FM 1774.
(2) 
FM 1488.
(3) 
Magnolia-Conroe Road.
Editor’s note–Ordinance O-2014-018, sec. 2(exh. A), adopted July 8, 2014, renumbered former sec. 18-49 as sec. 18-50.
(Ordinance 258, sec. III, adopted 6/9/98; Ordinance O-2014-018, sec. 2(exh. A), adopted 7/8/14)
The outside sales or display of goods or merchandise is permitted under any of the following four circumstances only:
(1) 
They are offered for sale or displayed outside as an integral part of the business conducted in the main building located on the lot and the sale or display is conducted within five feet of such main building; or
(2) 
They are offered for sale or displayed outside as an integral part of the business conducted in the main building located on the lot, and they are customarily displayed outside, and they are of such a large size that outside display is necessary; for example, automobiles or large boats (boats over 14 feet in length); or
(3) 
They are offered for sale or displayed as an integral part of the business conducted in the main building (business) located on the lot and the sale/display is conducted within 18 feet from the front curb (or one parking space) in front of the merchant’s building only. The sale or display shall not impede the flow of traffic or endanger the safety of the shoppers or passersby. This type of “outside sales” event will be allowed four times a year. The event shall not last longer than 72 hours in duration, with 12 hours for set-up and 12 hours for take-down.
(4) 
A business located in the city limits, upon application and approval of an outside sales permit, may sell used goods or other merchandise offsite twice a year, not to exceed 14 consecutive days for each occurrence, which includes delivery and setup of items and removal of items. The application must:
a. 
Be accompanied by an insurance policy evidenced by a certificate of insurance signed by an agent authorized to bind coverage indicating that the applicant has obtained, at his sole expense, insurance coverage that:
1. 
Is written by an insurance company with an A- or better rating by AM Best and that is admitted and licensed to do business in the state;
2. 
Is in full force and effect for the duration of the permit period;
3. 
Provides at least $1,000,000.00 of liability coverage per person and $2,000.000.00 per occurrence, and $100,000.00 for property damage and with no deductible;
b. 
Must be signed by the applicant, if the person applying is an individual; by the partner charged with disbursing funds solicited, if the applicant is a partnership; or by the officer charged with dispersing the funds solicited, if the applicant is a corporation or an association. The person signing the application shall sign the application and swear before an officer authorized to administer oaths that he has carefully read the application and that all the information contained therein is true and correct.
c. 
Contain any other information that the city deems necessary.
d. 
Accompanied by payment of a $30.00 processing, which may be amended [from] time to time by city council in the schedule of fess attached to the annual budget.
Editor’s note–Ordinance O-2014-018, sec. 2(exh. A), adopted July 8, 2014, amended and renumbered former sec. 18-50 as sec. 18-51.
(Ordinance 258, sec. IV, adopted 6/9/98; Ordinance O-2013-008, sec. 3, adopted 2/12/13; Ordinance O-2014-018, sec. 2(exh. A), adopted 7/8/14; Ordinance O-2015-007, sec. 2(exh. A), adopted 3/10/15)
For each day during which a business operates in violation of this article a fine shall be assessed against the owner and operator of such business of an amount not to exceed $200.00.
Editor’s note–Ordinance O-2014-018, sec. 2(exh. A), adopted July 8, 2014, renumbered former sec. 18-51 as sec. 18-54. Subsequently, Ordinance O-2015-007, sec. 2(exh. A), adopted March 10, 2015, repealed former secs. 18-52 and 18-53 which pertained to outside storage or discarding of materials prohibited, and screening of garbage facilities, and derived from Ordinance O-2014-018, sec. 2(exh. A), adopted July 8, 2014. Ordinance O-2015-007, sec. 2(exh. A), then renumbered former sec. 18-54 as sec. 18-52.
(Ordinance 258, sec. V, adopted 6/9/98; Ordinance O-2014-018, sec. 2(exh. A), adopted 7/8/14; Ordinance O-2015-007, sec. 2(exh. A), adopted 3/10/15)