The primary purpose of the public streets, sidewalks, and other
public ways is for use by vehicular and pedestrian traffic. Vending
on such public ways promotes the public interest by contributing to
an active and attractive pedestrian environment. Reasonable regulation
of vending on public ways and in public places is necessary to protect
the public health, safety and welfare. [This article is intended]
To protect local residents against trespassing by peddlers, solicitors,
and vendors upon the private property of such residents if they have
given reasonable notice that they do not wish to be solicited by such
persons or do not desire to receive merchandise or services. The regulations
contained in this article are not intended in any way to prohibit
or hamper speech that is protected by the constitution of both the
United States and the state but merely to regulate specific activities
which are commercial in nature. This article is and shall be deemed
an exercise of the police power of the state and of the city for the
purposes set forth above.
(Ordinance 2014-11-17, sec. II(A),
adopted 11/17/14)
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means going to one or more residences within the city in
person or by the agent for the purpose of peddling, soliciting, or
vending, who engages in a business of selling, or offering for sale,
food, beverages, goods, services, wares and merchandise or engages
in soliciting orders for the sale of goods, services, wares and merchandise
for future delivery.
means any individual, whether a resident of this city or
not, who offers for sale food, beverages, goods, merchandise, [or
personal property of any nature whatsoever for future or immediate]
delivery, or services to be performed immediately or in the future,
from a certain location which is not within a building or structure
for which a certificate of occupancy is required by the city. This
term shall not apply to businesses that operate from within a building
or structure within the city for which a certificate of occupancy
is required but which display or sell food, beverages, goods, or merchandise
outside the building or structure. The term shall include “itinerant
merchant.”
is used in its broadest sense and shall include property
of every kind.
means any vehicle used for the displaying, storing, or transportation
of articles for sale by a vendor which is required to be licensed
and registered by the state department of motor vehicles. This term
includes, but is not limited to, trailers, trucks, buses, scooters,
motorcycles, and automobiles.
means any individual, whether a resident of this city or
not, traveling by foot, wagon, automobile, motor truck or any other
type of conveyance, from place to place, from house to house, or from
street to street, for the sale of goods, wares and merchandise, personal
property of any nature whatsoever for future or immediate delivery,
or for services to be performed immediately or in the future, whether
or not such individual has, carries or exposes for sale a sample of
the subject of such sale or whether he or she is collecting advance
payments on such sales, or for canvassing by any organization whether
or not funds are solicited or exchanged. The word “peddler”
shall include the term “canvasser” or “solicitor.”
The word “peddler” shall not include individuals traveling
to businesses, houses, or places at the invitation of the resident
or owner.
means any public road, street, alley, park, building, or
other property of the city or any other place to which people commonly
congregate for the purpose of business, recreation, or amusement.
is used in its broadest sense and shall include any work
done for the benefit of another person.
means any occasion including, but not limited to, fairs,
shows, exhibitions, city-wide celebrations, festivals, etc., within
a specifically defined area of the city for a period of time not to
exceed five (5) days.
means any newsstand, table, bench, booth, rack, handcart,
pushcart, or any other fixture or device which is not required to
be licensed and registered by the state department of public safety,
and is used for the display, storage, or transportation of articles
offered for sale by a vendor.
means any such business for which definite arrangements have
not been made for the hire, rental or lease of premises for at least
one month, in or upon which such business is to be operated or conducted.
means any person, firm, or corporation, whether as owner,
agent, consignee or employee, whether a resident of this city or not,
who engages in a business of selling, or offering for sale, food,
beverages, goods, services, wares and merchandise or engages in soliciting
orders for the sale of goods, services, wares and merchandise for
future delivery and who, in furtherance of such purposes, hires, leases,
uses or occupies any stand, motor vehicle, or tent, or from his or
her person.
(Ordinance 2014-11-17, sec. II(B),
adopted 11/17/14)
Violation of any applicable provision of this article shall be punishable by a fine in accordance with the general penalty provided in section 1.01.009. Each day that any violation continues shall constitute a separate offense. However, an offense related to any provision related to any provision [sic] of this article which also constitutes an offense to state law shall be punishable in accordance with the applicable state law.
(Ordinance 2014-11-17, sec. II(P),
adopted 11/17/14; Ordinance adopting
Code)
From the time period three days before and three days after a special event as defined in section 5.03.002, no itinerant merchants or commercial vendors shall be permitted within the city on public property, or within 1,000 feet from the property line of the property where the special event is located.
(Ordinance 2014-11-17, sec. II(J),
adopted 11/17/14)
The following individuals and entities are exempt from the fee provisions of section 5.03.034 together with sections 5.03.037 and 5.03.004 of this article but shall otherwise be required to comply with all other provisions:
(1)
Religious,
nonprofit, philanthropic and/or charitable organizations including,
but not limited to, public or private schools.
(2)
Any
individual selling newspapers or magazines, or distributing free samples
from his or her person.
(3)
Any
individual that sells goods and services on the property or a parking
lot of an existing business open to the general public during business
hours of the business, provided the individual has filed an application
with the city secretary and provides documentation authorizing the
individual to sell goods and services on the property.
(Ordinance 2014-11-17, sec. II(K),
adopted 11/17/14)
(b)
Hours of operation.
Except for the vending of food or dinks from a motor vehicle or other non-stationary means within construction, manufacturing or similar areas in the manner specified in subsection (h) below, vendors shall be allowed to engage in the business of vending only between the hours of 8:00 a.m. to 6:00 p.m. All vending stands must be removed during non-vending hours. Temporary vending at special events may be granted by the city an exception to the usual hours of operation. All stands and other vending operations must be removed during non-operating hours.
(c)
Distance from handicapped parking space or access ramp.
No vendor shall conduct business within 20 feet of any handicapped
parking space or access ramp.
(d)
Removal of trash.
All trash or debris accumulating within
50 feet of any vending stand shall be collected by the vendor and
deposited in an authorized trash container. All vendors selling food
or beverages must provide trash receptacles adjacent to or as a part
of their stands.
(e)
Prohibited areas.
A vending license issued pursuant
to this article is valid only on specified public ways or in public
places of the city. The city shall prohibit vendors from selling on
specified public ways or in public places if it determines such prohibitions
are necessary for the protection of public health and safety. Vendor
stands and motor vehicles are prohibited within 50 feet of a fire
hydrant, intersection, loading zone, public swimming pool, or the
driveway of a fire station, police station, or ambulance facility.
(f)
Noise.
No vendor may sound any device which produces
a loud and raucous noise, or use or operate any loudspeaker, public
address system, radio sound amplifier, or similar device to attract
public attention.
(g)
Monthly reports of sales tax receipts.
All vendors shall
provide a copy of their monthly report of sales tax receipts to the
city secretary.
(h)
Motor vehicles.
No person conducting vending or other
business activities may:
(1)
Stop, stand or park a vehicle within 20 feet of any intersection,
within any other prohibited area, or during prohibited hours; or
(2)
Conduct business in such a way as would increase traffic congestion
or delay, constitute a hazard to life or property, interfere with
an abutting property owner, or obstruct access to emergency vehicles.
(Ordinance 2014-11-17, sec. II(L),
adopted 11/17/14)
It shall be unlawful for any vendor, itinerant vendor, or solicitor
to engage in the business of selling, displaying, or offering for
sale any food, beverage, goods, services or merchandise at any public
place within the city without first obtaining a license from the city
secretary.
(Ordinance 2014-11-17, sec. II(C),
adopted 11/17/14)
Any person desiring to engage in the business of vending, itinerant
vending, or peddling shall apply for a license from the city secretary.
The application must include the following:
(1)
The
applicant’s full name, home address, permanent business address
(if any), telephone number, driver’s license number, and proof
of identity;
(2)
A
brief description of the nature, character, and quality of the food,
beverages, goods or merchandise the applicant intends to sell or promote;
(3)
The
specific location, if any, where the applicant intends to conduct
business and, if the location is privately owned, a written statement
from the property owner consenting to applicant’s use of the
owner’s property;
(4)
If
the applicant is employed by or is an agent of another, the name and
business address of the principal/hiring person, firm, association,
organization, company or corporation;
(5)
If
the applicant intends to use a motor vehicle while conducting vending
or peddling activities, a description of the vehicle, together with
the motor vehicle registration number, license number, and a copy
of the vehicle’s current proof of liability insurance;
(6)
A
copy of the applicant’s current State of Texas sales tax permit
together with written documentation from the state comptroller that
all sales taxes that may be due and owing by the vendor have been
fully paid;
(7)
A
complete listing of any other licenses or permits issued to the applicant
by the city within the past five (5) years.
(Ordinance 2014-11-17, sec. II(D),
adopted 11/17/14)
Prior to applying for a vending license under this article, any vendor who intends to sell or distribute food or beverages shall acquire a health permit from the South Plains Public Health District. Applicants shall submit proof of a valid health permit with the application described in section 5.03.032. Food and beverage vendors’ equipment is subject to inspections by the health district at the time of application and at by the city at periodic intervals after a license is issued.
(Ordinance 2014-11-17, sec. II(E),
adopted 11/17/14)
(a)
Not later than thirty (30) days after the filing of a completed application for a vendor’s license, the applicant shall be notified by the city secretary of the decision on the issuance or denial of the license. If it is found that the applicant has fully complied with all provisions of this article, said applicant will be required to pay a license fee in the amount set forth in the fee schedule in appendix A of this code for such license. The purpose of the fee is to partly defray the expenses of surveillance and inspection of the premises and property of the licensee, and the enforcement of the provisions of this article. No fee shall be required of those persons engaging in interstate commerce.
(Ordinance 2014-11-17, sec. II(F),
adopted 11/17/14; Ordinance adopting
Code)
The license provided for in this article shall not be transferable
nor give authority to more than one (1) person to sell or exhibit
food, beverages, goods, wares and merchandise either by agent or clerk
or in any other way than his own proper person, but any person having
obtained such license may have the assistance of two (2) persons in
conducting the sale or exhibit, who shall have the authority to aid
that principal but not to act for or without him.
(Ordinance 2014-11-17, sec. II(G),
adopted 11/17/14)
The license provided for in this article shall continue so long
as the licensee is conducting business in the city, but in no event
shall it continue for more than one year from the date of its issuance.
Such license shall be prominently displayed in a conspicuous place
on the premises where business is being conducted. Further, each licensee
and each assistant, if any, must, at the licensee’s sole expense,
obtain a photo identification badge from the city secretary, or his
authorized representative, showing the individual’s name, the
address wherein the vending business is to be conducted, and the effective
period of the license.
(Ordinance 2014-11-17, sec. II(H),
adopted 11/17/14)
Before any license may be issued under the provisions of this
article, the application therefor shall be accompanied by a bond or
insurance policy in an amount not less than $50,000.00 acceptable
to the city secretary to cover any and all property damage, injuries,
including injury resulting in death, or wrongful fraudulent or illegal
conduct of the vendor while conducting business in the city. The bond
or insurance policy shall remain in full force and effect during the
entire duration of the license as provided in this article and one
(1) year thereafter.
(Ordinance 2014-11-17, sec. II(I),
adopted 11/17/14)
(a)
Any
license issued under this article may be denied, suspended or revoked
for any of the following reasons:
(1)
Fraud or misrepresentation in the application or [for] this license;
(2)
Fraud or misrepresentation in the course of conducting the business
of vending;
(3)
Conducting the business of vending in any way contrary to the provisions
of this article;
(4)
Conducting the business of vending in such a manner as to create
a public nuisance or constitute a danger to the public health, safety
or welfare;
(5)
Conviction of any felony offense or any misdemeanor offense involving
moral turpitude while holding a vending license from the city or for
a period of 5 years prior to the date of the application for a vending
license;
(6)
Suspension or cancellation of health department authorization for
a food and beverage vending unit.
(b)
Upon
denial, suspension or revocation, the city shall deliver written notice
to the applicant/license holder stating the action taken and the reasons
supporting such action. The written notice shall be delivered to the
applicant/license holder’s place of business or mailed to the
applicant/license holder’s last known address.
(Ordinance 2014-11-17, sec. II(M),
adopted 11/17/14)
Licenses may be renewed, provided an application for renewal
and license fees are received by the city no later than the expiration
date of the current license. Applications received after that date
shall be processed as new applications. They city shall review each
application for renewal to determine that the applicant is in full
compliance with the provisions of this article. If the city finds
that the application meets the above requirements, the city shall
renew said license for a period of one year upon payment of all applicable
license fees.
(Ordinance 2014-11-17, sec. II(N),
adopted 11/17/14)
Any person who is denied a license or whose license has been
suspended or revoked may appeal same by filing a written notice of
appeal to the city council. All appeals must be filed with the city
secretary within ten (10) days after notice of denial, suspension
or revocation of a license. The appeal shall be heard by the city
council within thirty (30) days after receipt. At least five (5) days’
notice of the date of the hearing shall be given to the applicant
or license holder. Based on the hearing of the appeal and the facts
relative thereto, the city council will either sustain or reverse
the decision to deny, suspend or revoke the license. The decision
of the city council shall be final.
(Ordinance 2014-11-17, sec. II(O),
adopted 11/17/14)
