The purpose of the market regulations are:
(1) 
To better enhance the shopping experience of residents and visitors;
(2) 
To enhance the visual image of the city, including the Mansfield Highway corridor;
(3) 
To maximize traffic and pedestrian safety; and
(4) 
To deter and exclude the sale of stolen property and contraband at markets.
(Ordinance 2019-05, sec. 2 (12-101), adopted 8/20/19)
For the purposes of this article, the following words or phrases shall have the meanings respectively ascribed to them by this section:
City enforcement personnel
means any city employee whose duties include enforcement of any ordinances or codes of the city. The city manager may designate which employees’ duties include enforcement duties, but shall include police officers, code enforcement officers, and building inspectors.
Licensee
means the owner and/or operator of a market.
Manager
means the individual who is in charge at any given time at a market, which may or may not be the owner or the operator.
Market
includes but is not limited to indoor flea markets, outdoor flea markets, public markets, and farmers’ markets as defined in the comprehensive zoning ordinance for the city. Markets shall also include any other market that invites vendors to sell or display goods, wares, produce, plants, food, and similar items whether the items be secondhand or new.
Market operator
means an individual, limited partnership, corporation, etc., which operates said market.
Market owner
means an individual, limited partnership, corporation, etc., which has ownership of a market and may or may not operate said market.
Participant map locator
means a current map with letter and number coordinates, similar to those used on roadmaps, to allow for the reasonable identification of participant location within the property.
Stall
includes but is not limited to all selling areas in a market commonly referred to as stalls, booths, tables or other similar arrangements, vendor space, wall space allotted to different vendors, and food court spaces.
Vendor
includes any individual, company, corporation, or partnership that sells merchandise at a market.
(Ordinance 2019-05, sec. 2 (12-102), adopted 8/20/19)
This article may be enforced by the city manager and/or his or her designees and city enforcement personnel. Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in accordance with the general penalty provided in section 1.01.009 of this code. Each day such violation is committed or permitted to continue shall constitute a separate and distinct offense and shall be punishable as such hereunder. Allegation and evidence of a culpable mental state, unless specifically referred to in the body of this article, is not required for the proof of an offense defined by this section.
(Ordinance 2019-05, sec. 2 (12-115), adopted 8/20/19; Ordinance adopting 2021 Code)
Those vendors displaying and selling merchandise in a licensed market shall be exempt from the provisions of article 5.06 (Junk Dealers and Secondhand Dealers) of this chapter, which generally pertains to businesses such as pawn shops, etc., so long as they comply with the provisions of this article and are not buying, trading, or purchasing items for resale from customers.
(Ordinance 2019-05, sec. 2 (12-103), adopted 8/20/19)
(a) 
No market shall be in operation within the city without obtaining an annual license by March 31 of each calendar year. A valid flea market/public market license shall exempt that business from the requirement of obtaining an annual business permit under article 5.02 of this chapter. Said license shall include the following provisions:
(1) 
Written application.
An application for a license shall be in writing and shall contain at a minimum the following information:
(A) 
The address within the city upon or from which the business is operated;
(B) 
The legal description of the premises on which the business is located;
(C) 
The names, addresses, and phone numbers of the owners thereof;
(D) 
The names, addresses, and phone number of the manager(s) operating the business, if different from the owner;
(E) 
The number of stalls at said location;
(F) 
The business’s state sales tax identification number as per rule 3.286 of State and Local Sales and Use Taxes of the Texas Administrative Code if applicable for sales;
(G) 
The application shall be signed by the owner/operator and managers and shall be notarized by a notary public.
(2) 
License fees.
The annual license fee for licenses under this section shall be defined by the annual business permit fee as required by applicable city ordinances.
(3) 
Responsible parties.
The owner of the property shall be responsible for any violations of this article; however, if the owner of the property is leasing or otherwise allowing the land to be used by the operator or owner of the market, then the market owner and his/her designee, manager, or operator shall be the responsible parties for any and all violations of this article. The responsible parties may be jointly and severally liable as parties for violations of this article.
(4) 
Documents required as part of application.
The applicant shall provide the following documents with the written application for license:
(A) 
Copy of the Texas sales tax certificate.
(B) 
Map of the market with each stall clearly numbered.
(C) 
Property owner permission in writing to operate a flea market on the premises, submitted with the annual business license paperwork.
(b) 
It is an offense for a person to operate a flea market/public market without first obtaining an annual business license.
(c) 
It is an offense for a person to submit false information on an application. False information in an application shall invalidate any license issued and any further operation of the business shall be deemed as operating without a license.
(Ordinance 2019-05, sec. 2 (12-104), adopted 8/20/19)
A license issued under this article shall not entitle the holder thereof to engage in the sale or purchase of used merchandise, but shall only authorize the operation of a market. A sales and use permit is required if an owner/operator of a market intends to directly sell items at the market.
(Ordinance 2019-05, sec. 2 (12-106), adopted 8/20/19)
A participant locator map list shall be kept current for each day of operation. This log will be made available to emergency services personnel upon request.
(Ordinance 2019-05, sec. 2 (12-107), adopted 8/20/19)
(a) 
All merchandise offered for sale on the premises of a market shall be subject to inspection during regular business hours by city officials or employees, including but not limited to city enforcement personnel to the extent that such inspection is directly within their jurisdictional boundaries.
(b) 
A person commits an offense if he or she refuses to permit an inspection of merchandise and the inspection is requested at a reasonable time.
(Ordinance 2019-05, sec. 2 (12-109), adopted 8/20/19)
(a) 
No merchandise shall be displayed for sale at a market from which the manufacturer’s seal, number or brand has been removed or obliterated. A vendor commits an offense if the vendor offers for sale any merchandise that violates this subsection.
(b) 
A market owner/operator commits an offense if the owner/operator knowingly permits the sale of merchandise that violates this section.
(c) 
This section shall not apply to obliteration that occurs as the result of normal wear and tear due to aging or normal use.
(Ordinance 2019-05, sec. 2 (12-110), adopted 8/20/19)
All markets owners/operators shall abide by the following requirements and require all vendors to adhere to the following regulations as applicable:
(1) 
Vendors shall not sell out of any passenger compartment, cab or trunk of any vehicle. This shall not apply to food trucks that have a food vendor permit from the city permit department.
(2) 
Vendors shall not sell animals of any kind, unless licensed specifically for such sales by the state.
(3) 
Vendors shall not sell prohibited weapons as defined by the Texas Penal Code.
(4) 
Vendors may sell firearms as defined by the Texas Penal Code.
(5) 
All food vendors must obtain a vendor’s permit from the permit department on an annual basis and shall adhere to all regulations related to said vendors.
(6) 
Shall display a Texas sales tax certificate.
(Ordinance 2019-05, sec. 2 (12-113), adopted 8/20/19)
All market owners shall provide the following enhancements as applicable to their individual market. Subsections (1) and (2) shall only apply to market owner/operators who begin operations in the city on or after August 6, 2019. Owner/operators who purchase an existing flea market facility after the date of this ordinance shall not be exempt from subsections (1) and (2).
(1) 
Landscaping.
(A) 
Markets shall establish a landscaping strip at least five (5) feet wide across the entire length of the market’s property that abuts a street.
(B) 
Said landscaping strip shall be maintained in an aesthetically pleasing manner and the owner shall not allow for any dead or dying vegetation.
(C) 
Should a landscaping strip be required at any intersection then landscaping must not block drivers’ view of the street or oncoming traffic.
(D) 
Markets that have a paved surface out to the abutting street must install a planter box at least three (3) feet wide abutting the entire length of the market.
(E) 
Each landscaping strip or planter box shall contain two or more of the following elements: grass, ground cover, berms, trees, shrubs, flowering and non-flowering plants, stonework, and water features. The use of native and adapted drought-tolerant plants is encouraged to meet the requirements of this article.
(F) 
It is an affirmative defense to this requirement that watering restrictions have been placed on homeowners and business owners due to drought conditions.
(2) 
Paving requirements.
(A) 
Any parking area or portion of property used for parking shall be paved with concrete, asphalt, crushed stone, crushed asphalt, or a similar material approved by the city. Parking areas must not allow potholes in the paved surface in excess of 10 inches in circumference.
(B) 
All outdoor vendor areas and walking areas shall be paved in a material as specified above.
(3) 
Stall requirements.
(A) 
Any market that allows for outdoor vendors shall provide stalls. Stalls may be covered by awnings and each stall shall be clearly marked for identification that matches the map provided to the city. Awnings must meet current building code standards and be maintained as such.
(B) 
Any market that allows for indoor vendors shall clearly define each stall’s area and mark each stall for identification that matches the map provided to the city.
(4) 
Restroom facilities.
All markets shall provide restroom facilities for their vendors and customers, which may be indoor restrooms, outdoor restrooms or portable restrooms commonly referred to as port-o-potties. Construction of all restroom facilities, with the exception of portable restrooms, shall adhere to the requirements stated in the comprehensive zoning ordinance and applicable building codes.
(Ordinance 2019-05, sec. 2 (12-114), adopted 8/20/19)