For the purposes of this chapter the following words and phrases
shall have the meanings respectively ascribed to them by this section:
An officer of the town authorized to enforce this code.
A market, usually in the open air, consisting of two (2)
or more vendors who must pay a fee to the market, selling antiques,
used goods, used household items, jewelry, southwest goods, imported
goods, local goods and wares.
A self-contained mobile unit having all the equipment necessary
for business operations within itself, from which service of food
and/or beverages is provided to walk-up customers. Examples include
a food truck, trailer or cart.
An approved site located on privately owned property containing
one or more food carts and associated amenities such as parking, seating
and sanitary facilities.
Residential sales of used household goods, furniture, clothing,
antiques, etc., in a residential zone from the actual premises of
the residence.
Any person that does not have a fixed business location within
the town, who has goods, food or beverage items, or nonlocal produce
for sale and sells them from a table, rack, utility trailer, back
of pickup truck, concession trailer, food truck, van, ice cream truck,
walk-in trailer, kiosk, or snow cone stand on privately owned property,
for a period not more than ninety (90) days.
Green chile and chile products, potatoes, corn, squash, peas,
cabbage, apples, pears, apricots, melons, jams and preserves. Citrus
fruits and tropical fruits are not locally grown produce for the purposes
of this chapter.
Includes any person, traveling by foot, or a motorized or
mechanized type of conveyance, from place to place, from house to
house or from street to street, or in a fixed location, carrying locally
grown produce, firewood, landscaping stone and local arts, i.e., santos,
retablos, jewelry or paintings. Such items may not be spread out on
tables to be sold and may not be sold from a utility trailer; otherwise,
the definition and requirements of “itinerant vendor”
would apply.
An individual, whether a resident of the town or not, traveling
either by foot, or mechanized or motorized conveyance, from place
to place, from house to house or from street to street, taking or
attempting to take orders for the sale of goods, wares and merchandise
or personal property of any nature whatsoever for future delivery
or for services to be furnished or performed in the future, whether
or not such individual has, carries or exposes for sale a sample of
the subject of such sale or whether he is collecting advance payments
on such sales or not; provided, that such definition shall include
any person who for himself or for another person uses or occupies
any building, structure, tent, or any other place within the town
for the sole purpose of exhibiting samples and taking orders for future
delivery.
Any person or organization soliciting sales or selling telecommunications
services, including, but not limited to, cellular telephones, pagers,
satellite disks and related services. For purposes of this chapter,
telecommunications vendors shall be considered itinerant vendors and
shall comply with the regulations contained in this chapter pertaining
to itinerant vendors.
Any business activity pursuant to this chapter that is conducted
for a period of three (3) months or less in a particular location.
(Ordinance 16-09 adopted 2016)
No permit issued under the provisions of this chapter shall
be assigned nor transferred nor shall the same be used at any time
by any person other than the one to whom it was issued.
(Ordinance 16-09 adopted 2016)
Permittees are required to prominently display their permits
on the vehicles, carts, or other conveyances used to sell goods. The
permit shall be available for public inspection at all times.
(Ordinance 16-09 adopted 2016)
It shall be the duty of any police officer or code official
of the town to enforce the provisions of this chapter.
(Ordinance 16-09 adopted 2016)
The planning department shall keep a record of all such permits,
complaints and violations.
(Ordinance 16-09 adopted 2016)
Any person violating any of the provisions of this chapter shall
be guilty of a petty misdemeanor and upon conviction subject to a
fine not exceeding three hundred dollars ($300.00) or to a sentence
of confinement not exceeding ninety (90) days in jail, or both.
(Ordinance 16-09 adopted 2016)
