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:
City council.
The city council of the City of Aubrey, Texas.
City park farmers market.
The offering for sale of primarily fresh agricultural or food products directly to the consumer at an open-air market in the city park.
Consumer.
A person who buys goods for personal, family, or household use, with no intention of resale.
Vendor.
Any person who sells or offers for sale fresh agricultural or food products at the city park farmers market.
(Ordinance 437-10, sec. 2, adopted 5/18/10)
Any violation of any of the terms of this article, whether denominated in this article as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for each incidence of violation. Each violation is considered a separate offense and will be punished separately.
(Ordinance 437-10, sec. 5, adopted 5/18/10)
(a) 
Required; application.
(1) 
A person commits an offense if he/she conducts, operates, or causes to be operated a vendor space without first obtaining a permit from the city. A separate permit is required for each vendor space.
(2) 
Permit applications must contain the name, address, and telephone number of the vendor as well as any other pertinent information being requested on the application along with a description of the items to be sold at the city park farmers market.
(3) 
A permit for the city park farmers market is nontransferable. A permit holder shall inform the city in writing of any changes that alter information listed on the permit application. No fee will be assessed for such changes.
(4) 
Any false statement or misrepresentation of a material fact made by an applicant or person for the purpose of obtaining a permit shall be sufficient cause for refusal to grant or suspension of a permit.
(b) 
Fee; duration.
A nonrefundable permit application fee in the amount set forth in the city’s fee schedule in appendix A to this code is required for each permit or renewal of a permit, which will extend only to a single vendor space for the specific event for the duration of the season.
(c) 
Suspension.
The city council may suspend or refuse to renew a permit for failure to comply with the vendor agreement or the regulations of this article.
(d) 
Vendor agreement.
After approval of the permit, the applicant and the city shall enter into a vendor agreement incorporating the regulations and requirements of this article, and the terms and conditions of said permit, and which, among other terms, will require the vendor to maintain adequate liability insurance for the duration of the event and to release, indemnify, and hold harmless the city from any liability for any city park farmers market or related event.
(Ordinance 437-10, sec. 4, adopted 5/18/10)
(a) 
Location.
The city park farmers market will be held at the city park, a public park located at 301 S. Main Street, in Aubrey, Texas, on the southeast corner of S. Main and Mulberry.
(b) 
Dates and times.
Dates and times for the city park farmers market will be subject to the scheduling of the city between April 1 and October 31 of each year.
(c) 
Vendor spaces.
A standard vendor space is ten feet by ten feet and will be assigned on a first come, first served basis, based on the approval of the city park farmers market permit. Tents or stalls, if used, must be set up before the start of and taken down at the conclusion of each event day. All tents, stalls, tables and other equipment or apparatus must be made of safe materials and must be configured in a sound and secure manner to prevent injury, property damage and interference with other vendors.
(d) 
Trash.
Vendors are responsible to clean up their assigned space. It is an offense, subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code, to leave the space in a state that requires cleanup by city personnel. All produce boxes, unsold produce or other merchandise are prohibited from being disposed of in public trash receptacles.
(e) 
Parking.
Parking is available on S. Main Street. Parking on the property of the city park is prohibited.
(f) 
Prohibited items.
(1) 
No RVs or campers are allowed on or near the city park. Other items prohibited from being brought to the city park farmers market include firearms, illegal weapons, alcoholic beverages or illegal drugs.
(2) 
Items prohibited from being displayed, sold, traded, or exchanged shall be any item not listed in the approved items listing found in the city park farmers market permit application and agreement, unless otherwise approved by the city council.
(g) 
Liability of city.
The city shall not be held liable or bound for any loss or damage claimed by reason of the loss or damage to personal property taken or in any way on account of any personal injury of or death to any person participating in the city park farmers market in any capacity. The city specifically retains any and all privileges and immunities available to it at law or in equity.
(h) 
Compliance with park regulations.
In addition to the general regulations set out in this article, those persons participating in the city park farmers market must abide by all applicable laws, rules and regulations, including but not limited to the city ordinance(s), governing its public parks.
(Ordinance 437-10, sec. 3, adopted 5/18/10)