A. The
town may grant yearly permits to pushcart vendors to sell food and
beverages or nonfood items or both within the town limits, within
the appropriate commercial zone, provided that written permission
has been obtained from the property owner for the period of which
the permit is requested. Pushcart vendors shall not be allowed in
any area that may hinder the flow of vehicular or pedestrian traffic
on public or private property, or block alleyways, fire zones, sidewalk,
and other easements.
B. Applicants for a pushcart vendor permit on private property will be required to comply with section
5.12.160 of this chapter and other requirements as may be prescribed by the town council prior to the issuance of a permit by the town.
(Ordinance 02-02, sec. 1, adopted 2002)
A. The town may grant up to ten (10) yearly permits, as provided in subsection
B of this section, to pushcart vendors to sell food and beverages in the historic downtown plaza area and at Kit Carson Park. Each permit is valid only between April 1 and Thanksgiving Day, unless sooner revoked. No person, partnership, corporation, or group may participate in or receive more than one permit. These permits will be issued for food and beverages only.
B. The
locations designated for use by pushcart vendors in the town are as
follows:
1. Five
(5) pushcarts in the area of the town plaza (including alleyways).
2. Five
(5) pushcarts within the periphery of Kit Carson Park.
(Ordinance 11-06 adopted 2011)
A. Application
requirements.
Applications for permits may be accepted
following the passage of this chapter. Each application shall include:
1. A photograph
of the cart, the size of the cart, materials used and proposed signs.
If a cart is not yet built, the applicant may submit reasonably accurate
drawings or blueprints, specifications and a color rendering of the
cart, materials to be used and proposed signs.
2. Name,
address and phone number of the applicant.
3. Site
plan showing the proposed location of the cart.
4. Proof
of food inspection certificate from the state environment department.
5. A description
of the products proposed to be sold, including prices.
6. Proposed
days and hours of operation.
7. A state
taxpayer identification number.
8. Proof
of comprehensive general public liability and property damage insurance
naming the town as an additional insured and providing coverage in
at least the maximum liability amounts specified in the New Mexico
Tort Claims Act, New Mexico Statutes Annotated section 41-4-19. In
the application, the applicant shall also indemnify and hold harmless
the town against all liability, harm or claims arising out of the
permitted use.
9. All
original applications shall become the property of the town and shall
not be returned to the applicant.
10. For
public property pushcart vendors only: As a condition of obtaining
a permit, such vendors shall allow the town police department to conduct
a background investigation through the National Crime Information
Center. The vendor shall provide the town police department with a
social security number, driver’s license or other similar identification
to perform the background check. If the background check discloses
information indicating that the applicant is unfit, a permit shall
not be issued, or if already issued, shall be revoked.
B. Procedure
for selection of public property permittees; fees.
1. The
town’s permit and business registration technician shall receive
applications by March 15 of each year and shall issue pushcart vendor
permits upon the town manager’s review. Applications received
after March 15 may be considered depending on need and availability
of unissued permits. Permits shall be issued by April 1. The criteria
for evaluation shall include, but may not be limited to, the following:
a. Quality
of products to be sold, and cost of product;
c. Compatibility
with plaza and park activities;
d. Overall
quality of proposal.
2. In
evaluating the applications, preference shall be given to applicants
who will be open for business at least five (5) full days a week.
3. Applicants
shall be ranked numerically on the basis of criteria for evaluation
of pushcart applications and permits shall be issued to the selected
vendors. The decision of the town manager shall be final.
4. Prior to issuance of a permit to vend on public property, 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. The user fee shall not be prorated for any portion of the year. Private property pushcart permittees shall pay a business registration fee as set forth in the fee schedule.
(Ordinance 11-06 adopted 2011; Ordinance adopting 2023 Code)
A. Each
pushcart shall be limited to a six foot by nine foot (6' x 9') space,
and each cart shall be no larger than four feet (4') wide by eight
feet (8') long. Pushcarts shall be self-contained units that have
the characteristic appearance of a pushcart, i.e., wheels, push handles,
and unmotorized. Pushcarts may be constructed of wood or metal. Each
cart shall also be equipped with a thirty-two (32) gallon trash can,
a fire extinguisher of the type required by the town fire marshal
and an umbrella if desired. During inclement weather, a white or natural
color covering may be utilized so long as it is properly secured and
no larger than ten feet by ten feet (10' x 10') in dimension.
B. Pushcarts
shall pass an inspection by the town fire marshal prior to use.
C. Pushcarts
using propane heating sources shall pass an inspection by the LP gas
inspector with the New Mexico regulation and licensing department,
construction industries division.
D. Pushcarts
shall pass an inspection by the state environment department and receive
a food inspection certificate prior to vending.
E. Pushcart
vendors shall be responsible for their own power supply consistent
with state regulations.
F. Prices
shall be displayed prominently on a sign approved by a town code enforcement
official.
G. Pushcart
vendors shall commence operation no later than fourteen (14) days
after the permit is issued. If not, the permit automatically expires.
If the pushcart is not operated for more than fourteen (14) consecutive
days within the operation period identified in subsection 5.12.150.A
of this chapter, the permit may be revoked and made available to others.
H. Pushcart
vendors shall conduct business only at the location authorized by
the permit.
I. Pushcart
vendors shall maintain the area in proximity to the cart in a neat,
clean, and hazard free and nuisance free condition and shall dispose
of trash off the site.
J. Pushcart
vendors shall not obstruct traffic, create an impediment or hazard
and shall adhere to other instructions as may be directed by the town
police department.
K. Pushcart
vendors may not transfer or assign pushcart permits.
L. Pushcart
vendors may operate their pushcarts from eight o’clock (8:00)
a.m. to eight o’clock (8:00) p.m. every day, including weekends,
with the exception of: 1) town plaza area pushcarts during the annual
Taos Fiestas, Taos Plaza Live and other commercial events; and 2)
Kit Carson Park pushcarts during commercial events.
M. Pushcart
vendors shall not sell, possess, provide or allow within their pushcart
space: 1) alcoholic beverages, 2) fireworks, 3) weapons, 4) spray
paint or other substance capable of being applied to damage or deface
public property, or 5) any other material, substance or display reasonably
found by town officials to constitute a public nuisance or a threat
to public health, safety and welfare.
(Ordinance 11-06 adopted 2011)
A. If,
in the reasonable opinion of the town manager, a pushcart vendor is
in violation of any of the conditions of this chapter or any other
regulation or provision of law, the town manager may revoke the permit,
giving the pushcart vendor a minimum of twenty-four (24) hours’
notice of the revocation.
B. If a
public property pushcart permit is revoked, it may be awarded to the
next qualified applicant for the remainder of the period in which
pushcarts are permitted to operate. If the next qualified participant
no longer wishes to operate a pushcart or is not available, then the
town manager may award the pushcart permit to another qualified applicant.
(Ordinance 11-06 adopted 2011)