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.
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)