The term “flea market,” as used in this article, shall mean any establishment which for a fee or remuneration of any kind permits others to display for sale used or secondhand wearing apparel, watches, jewelry, luggage, musical instruments, firearms, furniture, household appliances, auto parts and accessories, hand tools, mechanical equipment, garden tools, hobby items, water heaters, pipes, electrical fittings, plumbing fixtures, radios, television sets, bicycles, horse riding tack, saddles, bridles, and/or any and all kinds of used goods, wares, or merchandise.
(1986 Code, ch. 4, sec. 6(A); 1993 Code, sec. 4.701)
No flea market shall be operated within the city without a license obtained therefor, which shall be procured by complying with the following provisions:
(1) 
An applicant for a license shall make request thereof in writing addressed to the city secretary which shall contain the name, residence, street number, and such other reasonable information that will identify such applicant. If the applicant is a firm or corporation, the application shall contain the classification of such applicant and show the individual members of the partnership and/or the officers of the corporation.
(2) 
The license application shall contain the following words: “The license hereby applied for shall be subject to all provisions, regulations of the code of the city and other ordinances of the city related to junk, junk dealers, secondhand dealers, pawnbrokers, and itinerant merchants or vendors.”
(3) 
The annual license fee for a flea market license issued under this article shall be as established by city council.
(4) 
Such application shall be signed and sworn to by the person applying therefor before some officer authorized by law to administer oaths.
(5) 
Each applicant shall be presented to the city secretary, who shall issue a license to the applicant upon his or her compliance with the terms of this section.
(6) 
Every flea market operator while engaged in the prosecution of his business shall have posted in public view and available for inspection at all times his or her license to be engaged in such business.
(7) 
The license issued under this section shall not allow the holder thereof to engage in the sale of used merchandise and shall only authorize the operation of a flea market for the rental or the privilege of selling such merchandise by others.
(8) 
No person, firm, or business shall be allowed to display merchandise for sale in any flea market unless and until the licensee has obtained, and recorded in a record book which shall be legibly written by the licensee at the time such spaces are rented, the name, age, sex, signature, and residence of the person or persons displaying merchandise with the permission of the licensee together with the Texas driver’s license number issued to such person and the thumbprint in ink opposite his name in such registration book. The date that such merchandise is to be displayed shall be also entered there and the licensee shall be responsible for seeing that no person is allowed to display merchandise more frequently than four (4) times in any two (2) month period.
(9) 
All merchandise on the premises of the flea market shall be subject to inspection at any time by city police officers. Persons displaying merchandise for sale may be required by such police officers to verify that they are the legal owners of such merchandise.
(1986 Code, ch. 4, sec. 6(G); 1993 Code, sec. 4.702; Ordinance adopting 2017 Code)
Any person violating any provision of this article or any other ordinance or code within the city shall be barred from displaying any merchandise at a flea market within the city limits.
(1986 Code, ch. 4, sec. 6(H); 1993 Code, sec. 4.703)