Applicants for a permit to hold a fiesta, carnival or festival under this chapter must file, with the town fire marshal, a sworn application in writing, on a form to be furnished by the town, which shall give the following information:
A. 
The application information required on the town’s standard form;
B. 
The payment of the fee set forth in the fee schedule in appendix A of this code;
C. 
Proof of comprehensive general liability insurance in a minimum amount as required by the tort claims limits of the State of New Mexico;
D. 
Insurance rider that names the town as additionally insured;
E. 
The name, telephone number, and exact location where the individual in charge of the event can be reached day and night during the fiesta, carnival or festival;
F. 
Any additional information required pursuant to this chapter;
G. 
The provisions of this chapter shall not apply to any farmers’ market allowed to operate within town limits pursuant to chapter 5.20 of this title or to recreation events sponsored by the town’s parks and recreation division.
(1981 Code, sec. 18-130; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997; Ordinance 10-04 adopted 2010; Ordinance adopting 2023 Code)
It is unlawful for any person to engage in business, operate a booth or stand, or sell goods and/or services during any fiesta, carnival or festival within the town limits without first obtaining a special business registration from the town. Special business registration fees are as set forth in the fee schedule in appendix A of this code, for each vendor, booth or stand, and shall be collected by the applicant and paid to the town prior to the scheduled event. Such registration shall be prominently displayed at each booth, trailer or stand. The registration will expire on December 31 on the year issued.
(1981 Code, sec. 18-131; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997; Ordinance adopting 2023 Code)
It is unlawful for any person to sell any food or drink during any fiesta, carnival or festival within the town limits without first obtaining a food and drink purveyor’s permit from the New Mexico environment department. Such permit shall be prominently displayed at each booth, trailer or stand.
(1981 Code, sec. 18-132; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
It is unlawful for any person to engage in business, or offer for sale any goods or services within the town limits, without first obtaining a tax number from the New Mexico taxation and revenue department, or from the town. Such tax number shall be prominently displayed at each booth, trailer or stand.
(1981 Code, sec. 18-133; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
A. 
The approved applicant for a license to hold a fiesta, carnival or festival may collect or assess additional fees to each vendor wishing to sell goods and services during the event and within the boundaries designated by the town. Such fees shall be disclosed by the applicant at the time of application for a license.
B. 
The town may require a damage deposit of up to five hundred dollars ($500.00) to be paid prior to any fiesta, carnival or festival which will be held on town property. The deposit will be returned by the town, only after all estimated damages to public property have been paid.
(1981 Code, sec. 18-134; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
A. 
The chief of police is empowered to enforce the provisions of this chapter, [and] to revoke or suspend the license of an applicant, or a special business registration, in the event that he shall deem that it is necessary to comply with this code, or in the interest of the health, safety and welfare of the town. Nothing in this section shall prevent the chief of police from closing any fiesta, carnival or festival, at any time, to maintain law and order.
B. 
The fire marshal is empowered to revoke or suspend the license of an applicant, or a special business registration, in the event that he shall determine that a fire hazard exists, a violation of fire codes, a violation of this code, or a threat to the health, safety and welfare of the citizens of the town.
C. 
The fire marshal may also designate such areas as he deems necessary as fire lanes to allow for access by emergency vehicles.
(1981 Code, sec. 18-135; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
A. 
The town council has authorized the use of town plaza and its surrounding public streets only for the annual Taos Fiestas (including the parade). However, the town plaza park may be authorized for certain other public events and activities by the town manager, or his designee, provided the surrounding public streets are not closed.
B. 
The town council has authorized the use of the Kit Carson Park and Fred Baca Park for certain fiestas and/or festivals provided they have been approved and are acceptable to the fire marshal and the parks and recreation division.
C. 
A map of the Taos Plaza area will be prepared by the fire marshal, in coordination with the chief of police and the director of public works, for use during the annual Taos Fiestas. The map shall depict the authorized location for all booths and stands, the Tio Vivo, dumpsters, portable toilets, handicapped spaces, fire lanes, and emergency vehicles.
D. 
The town may require that vendors desiring to use any public park pay the cost of providing utilities to such vendors.
E. 
No carnivals will be allowed on public property. Applicants desiring a license for a carnival shall first obtain authorization from a private property owner.
(1981 Code, sec. 18-136; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
A. 
An applicant for a license to operate a fiesta, carnival or festival shall be required to provide portable toilets if such event will serve more than fifty (50) visitors. The number of portable toilets and the location of such portable toilets shall need to be approved by the town. The applicant shall ensure that the portable toilets are cleaned daily, and are maintained in a safe and sanitary manner. The town will require that a designated number of portable toilets be accessible to the handicapped.
B. 
An applicant for a license to operate a fiesta, carnival or festival shall be required to provide portable dumpsters for the disposal of trash and garbage generated at the event. The dumpsters shall be emptied at a minimum of once a day to prevent odors and litter.
C. 
Approved security shall be provided for any fiesta, carnival or festival. The number of security personnel and hours of coverage must be approved in advance by the chief of police.
D. 
The applicant shall be responsible for coordination and the cost of providing these services.
(1981 Code, sec. 18-137; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
The town shall establish and approve the days and hours of operation of any fiesta, carnival or festival. Prior to approving the days and hours of operation, the fire marshal shall obtain the advice and consent of the chief of police, the director of parks and recreation, and the director of public works.
(1981 Code, sec. 18-138; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
A. 
No vendor shall display, or offer for sale, any weapon, knife, brass knuckles, or any other instrument which is designed for use as a weapon at any fiesta, carnival or festival within the town limits.
B. 
No vendor shall display, or offer for sale, any spray paint, smoke bombs, fireworks, stink bombs, silly string, or other items that may be considered offensive to the visitors during any fiesta, carnival or festival within the town limits.
C. 
The sale and/or possession of alcoholic beverages is strictly prohibited at any fiesta, carnival or festival. The only exception will be within licensed premises permitted pursuant to state law.
(1981 Code, sec. 18-139; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
A. 
A five (5) pound ABC fire extinguisher shall be required of each vendor that prepares any food through the use of electrical or liquefied gas products. This requirement shall also apply to any other booth that uses both electrical and liquefied gas products for its operation. A two and one-half (2-1/2) pound fire extinguisher shall be required of nonfood vendors.
B. 
A trash receptacle shall be required of each vendor that prepares food products. A trash receptacle shall also be required for the disposal of refuse by customers.
C. 
It is unlawful for any vendor to dispose of garbage or grease on any public street, sidewalk, storm drains, or on any public or private property. It shall be the responsibility of each vendor to dispose of such garbage, or grease, at an approved sanitary landfill.
D. 
It is unlawful for any vendor to connect to the electrical system of the town without prior approval of the fire marshal. The applicant for a license to operate a fiesta, carnival or festival shall be required to contract with a licensed electrician to ensure that all electrical work complies with the code, and in a manner satisfactory to the town. The cost of the electrician will be paid for by the applicant.
E. 
It is unlawful to construct or locate any booth, stand, vehicle, or any other obstruction in any designated fire zone.
F. 
All vendors that offer food for sale shall be required to have an approved grease trap.
G. 
The holder of an approved license for a fiesta, carnival or festival shall be held responsible for the correct placement of booths, trailers and stands. Vendors who fail to follow the instructions of the approved license holder may have their permits revoked.
(1981 Code, sec. 18-140; Ordinance 94-7 adopted 1994; Ordinance 97-53, sec. 1, adopted 1997)
A. 
Definitions.
As used in this section:
Panhandler.
A person who is engaged in the act of panhandling.
Panhandling.
1. 
Any solicitation made in person in which a person requests an immediate donation of money or other gratuity from another person and includes, without limitation, seeking donations by vocal or nonvocal appeal; or
2. 
In exchange for a donation, the person being solicited receives an item of little or no monetary value under circumstances where a reasonable person would understand that the transaction is in substance a donation.
B. 
Regulations.
Panhandlers may engage in an act of panhandling on public property in the town provided that the panhandler complies with the following regulations:
1. 
Panhandling is prohibited on any day after sunset or before sunrise within the plaza area, as shown on the official zoning map of the town.
2. 
Panhandling is prohibited involving any operator or occupant of a motor vehicle that is in traffic on or entering any street, street intersection, alley or other public passageway in any manner that obstructs the operation of any vehicle by any motorist.
3. 
Panhandling is prohibited when either the panhandler or the person being solicited is located at any of the following locations:
a. 
At any bus stop;
b. 
Within twenty feet (20') of any entrance or exit of a public transportation facility;
c. 
In any public transportation vehicle or public transportation facility;
d. 
In or on any private vehicle or conveyance;
e. 
In a sidewalk cafe;
f. 
Within twenty feet (20') in any direction from an automatic teller machine;
g. 
Within twenty feet (20') of an entrance to a bank when the bank is open for business;
h. 
In off-street public parking lots or public parking structures;
i. 
Within the median of a street; or
j. 
On school property and within one hundred fifty feet (150') from the property line of a school.
4. 
Panhandling in an aggressive manner is prohibited, including any of the following actions:
a. 
Touching the solicited person without the solicited person’s consent;
b. 
Panhandling a person while such person is standing in line and waiting to be admitted to a commercial establishment;
c. 
Blocking the path of a person being solicited or the entrance to any building or vehicle;
d. 
Following behind, ahead or alongside a person who walks away from the panhandler after being solicited;
e. 
Using profane or abusive language, either during the solicitation or following a refusal to make a donation, or making any statement, gesture, or other communication which would cause a reasonable person to be fearful or feel compelled; or
f. 
Panhandling in a group of two (2) or more persons.
5. 
Panhandling with a sign exceeding four (4) square feet is prohibited.
6. 
Panhandlers shall not block, or cause the blocking of, any sidewalk, passageway, street, or entrance to a building.
7. 
Panhandling at one location longer than two (2) hours is prohibited and the panhandler shall stay at a minimum of one hundred fifty feet (150') away from such location and shall not return to that same location for two (2) days.
(Ordinance 13-12 adopted 8-26-2013)