For the purpose of this article, an itinerant business is
any person, firm or business entity who sells or takes orders out
of a vehicle, vehicles, trailer, tables, chairs, or temporary stand
on premises where there are no related business buildings or on premises
where such business is not related to the business buildings.
A seasonal business is one which, by its nature and context,
is temporary in nature and which operates intermittently in response
to specific activities or conditions which are themselves intermittent
in nature.
(1986 Code, ch. 4, sec. 6(A); 1993
Code, sec. 4.601; Ordinance 341-93 adopted 7/20/93)
(1986 Code, ch. 4, sec. 6(B); 1993
Code, sec. 4.602; Ordinance 341-93 adopted 7/20/93; Ordinance
349-93, sec. I, adopted 9/21/93; Ordinance adopting 2017 Code)
An itinerant business may be permitted to operate within the
city outside of an established permitted flea market if such activity
is part of a temporary or seasonal activity either associated with
an existing business within the city or is of a type and kind traditionally
carried on within the city. Such an itinerant business may be permitted
for the length of a term to be stipulated in their permit, but such
is not to exceed a period of six (6) months. Such permit is to be
issued by the city administrator. Itinerant businesses not qualifying
as seasonal or traditional activities may obtain a permit to operate
for no longer than thirty days outside of an established permitted
flea market if same is associated with a fair, outdoor market, outdoor
festival, or such other activities associated with or operated by
a charitable, religious or civic activity from the city. Examples
of such businesses are, but shall not be limited to, sellers of tip
sheets, racing forms, or artwork, sellers of agricultural produce
raised all or in part by the seller (this section specifically does
not apply to sellers of agricultural produce or products purchased
for resale), etc.
(1986 Code, ch. 4, sec. 6(C); 1993
Code, sec. 4.603; Ordinance 341-93 adopted 7/20/93)
Any itinerant business making application for such a permit
shall file an application in writing with the city secretary not less
than ten (10) days before the engagement in any business as an itinerant
business. The application must contain the following information:
(1)
The
full name of the person applying for the permit, his or her address,
telephone number if any, and, if the itinerant business is selling
on behalf of an organization, the name and address of the parent organization;
(2)
The
address of the itinerant business during the previous five (5) years
from [with] the name of at least one (1) reference from each such
community;
(3)
Copy
of a limited sales tax permit used by the state or proof that the
goods sold are not subject to such sales tax, and the applicant shall
furnish documentation or make other assurances satisfactory to the
city administrator that such sales tax revenues will be properly rendered
to the city;
(4)
Statement
of the type of goods or wares to be sold;
(5)
Copy
of a current health certificate if the merchandise is of edible quality
to be sold; provided, however, this shall not apply to the sale of
candy, nuts, or other edibles prepared and packaged by a nationally
recognized manufacturer or a Texas manufacturer meeting standards
imposed by state and local health codes and such packages are unbroken,
or other similar agricultural products whose production, distribution
or packaging are regulated by state, local or federal law.
(1986 Code, ch. 4, sec. 6(D); 1993
Code, sec. 4.604; Ordinance 341-93 adopted 7/20/93; Ordinance
349-93, sec. II, adopted 9/21/93)
Each itinerant business permit issued under this article shall
be subject to cancellation for any violation of any provision of this
article or any other code or ordinance violation in the city.
(1986 Code, ch. 4, sec. 6(E); 1993
Code, sec. 4.605; Ordinance 341-93 adopted 7/20/93)
Each itinerant business permit shall contain an expiration date
as established under this article. A fee in the amount established
by city council shall be paid to the city for the issuance of each
permit under this article.
(1986 Code, ch. 4, sec. 6(F); 1993
Code, sec. 4.606; Ordinance 341-93 adopted 7/20/93; Ordinance adopting
2017 Code)
