It shall be unlawful for any person to engage in business as an “itinerant vendor”, as defined in this chapter, within the town limits without first obtaining a business permit pursuant to chapter 5.04 of this title and an itinerant vendor permit as herein set forth.
(Ordinance 16-09 adopted 2016)
In the event any firm, or corporation engaged in or selling as an itinerant vendor is represented by more than one person, agent, or employee engaged in such activity within the town, each of such persons so engaged shall apply for and obtain an itinerant vendor permit as herein provided.
(Ordinance 16-09 adopted 2016)
Applicants for itinerant vendor permits under this article must file with the planning department an application in writing, in duplicate, on a form to be furnished by the planning department, which shall give the following information:
A. 
Name, address and telephone number of the applicant.
B. 
Name, address and telephone number of the owner and/or legal representative of the owner of the property under consideration for itinerant vending.
C. 
State taxpayer identification number.
D. 
The length of time for which the right to do business is desired.
E. 
A description of any vehicle to be used under the itinerant vendor permit, including type, color, and license number or other means of identification.
F. 
Either a written lease or written permission of the owner of the property from which sales are to be made to be dated not more than sixty (60) days prior to the date of the application.
G. 
A statement of the nature, type and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the town, and the cost of such goods, wares and merchandise.
H. 
A brief description of the sign(s) to be used for advertising done or proposed to be done in order to attract customers, which shall comply with the sign ordinance. No more than two (2) signs, totaling no more than twelve (12) square feet. A-frame signs are permitted.
I. 
If an applicant is granted a permit, the applicant shall pay a user fee to the town in the amount set forth in the fee schedule in appendix A of this code.
J. 
The permit shall be prominently displayed and available for public inspection at all times. Applicants may apply for subsequent permits by paying the required permit fee.
K. 
If the itinerant vendor ceases the business activity for more than seven (7) days before the expiration of the permit, the permit will be deemed revoked and the permittee will be required to reapply for a permit if the permittee desires to recommence the business activity.
(Ordinance 16-09 adopted 2016; Ordinance adopting 2023 Code)
A. 
Prohibited are sales from RVs, tents, and large canopies.
B. 
Fireworks vendors may use a tent to house fireworks as allowed by the state fire code.
C. 
Sales are allowed in all nonresidential zones outside of the historic overlay zone, excluding the ARO zone.
D. 
Itinerant vendors may have a small canopy not greater than ten feet by ten feet (10' x 10'), or an umbrella to afford shade over tables or racks.
E. 
Itinerant vendors shall keep tables and displayed items restricted to an area ten feet by twenty feet (10' x 20') in size, not including the area taken up by the vehicle or trailer. Christmas tree vendors may exceed a ten foot by twenty foot (10' x 20') area. No aerial display of merchandise higher than ten feet (10') is permitted.
F. 
Only one itinerant vendor shall be allowed per property.
G. 
Itinerant vendor and peddler locations will be reviewed for parking requirements, and traffic and pedestrian safety issues that vending on said location may cause, as determined by a code official.
H. 
Itinerant vendor permits shall be void at the conclusion of each ninety (90) day permitting period. At this time, vendors wishing to recommence temporary business may reapply for a new itinerant vendor permit.
(Ordinance 16-09 adopted 2016)
It shall be illegal for any peddler, solicitor, or itinerant vendor to peddle, sell, offer for sale, advertise or display any article on town owned property, streets, highways or other public thoroughfares except as provided in section 5.12.150 of this chapter. Vendors selling on the town plaza during the annual Taos Fiestas with the approval of the fiesta council are exempt from this section.
(Ordinance 16-09 adopted 2016)
It shall be illegal for any peddler, solicitor, or itinerant vendor of merchandise to peddle, sell, solicit orders, offer for sale, advertise or display any article on private property in such a manner as to hinder the flow of vehicular traffic on public streets or hinder the flow of pedestrian traffic on public walkways, sidewalks, streets, or other public thoroughfares.
(Ordinance 16-09 adopted 2016)
The provisions of this article do not apply to:
A. 
Car washes, Christmas tree sales or other activities held on private property by charitable, educational, youth or civic nonprofit organizations for fundraising purposes provided they have written authorization from the property owner.
B. 
School sponsored activities or fundraising events on school property.
C. 
Church activities or church sponsored events on church property.
D. 
The farmers’ market in a location authorized by the town or the Taos County commission.
E. 
Authorized activities on public property approved by the town or the county.
F. 
Newspaper vendors.
G. 
Vendors who were in business on the effective date hereof and continuously for ninety (90) days or more prior thereto. Such vendors may be permitted to continue business under a normal business license, at the discretion of the code administrator. Such vendors are subject to inspection by the town to verify that no health, safety or welfare violations or concerns exist.
H. 
These exceptions are subject to discretion of the code administrator in regard to exact location, traffic and safety issues.
(Ordinance 16-09 adopted 2016)