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)