A. 
The town may grant yearly permits to operators of a flea market within the town limits provided the flea market location has been duly authorized by action of the planning and zoning commission. No flea market shall operate without the authorization of the commission and a permit issued pursuant to this section.
B. 
Applicants for a flea market permit will be required to comply with section 5.12.200 of this chapter, [the conditions for] flea markets at section 16.16.170.4 of this code, and other requirements as may be prescribed by the town council prior to the issuance of the permit by the town.
C. 
Permits issued by the town pursuant to this section will be valid only between the hours of eight o’clock (8:00) a.m. and six o’clock (6:00) p.m. on Saturdays and Sundays, and expire on December 31 of each year. Flea markets shall not be allowed during weekdays unless such operation is within a building approved for such business.
(Ordinance 02-02, sec. 1, adopted 2002)
A. 
Name and description of the applicant.
B. 
Address and telephone numbers, both permanent and local.
C. 
State taxpayer identification number.
D. 
Proposed hours and days of operation.
E. 
Proof of insurance, indemnifying and saving harmless the town against claims from any occurrence occasioned by the permitted use, and additional proof for comprehensive general public liability and property damage insurance within the limits specified in the New Mexico Tort Claims Act.
F. 
Applicants, as a condition of possessing a permit, shall allow disclosure of their name, address, and nature of business as a matter of public record.
G. 
Applicants, as a condition of possessing a permit, shall agree to allow the chief of police to conduct a background investigation through the National Crime Information Center. The applicant shall provide the chief with social security number, driver’s license or other similar identification to perform the background check.
H. 
If an applicant is granted a permit, the applicant shall pay an annual user fee to the town in the amount set forth in the fee schedule in appendix A of this code, and an annual business registration fee as set forth in the fee schedule. The user fee shall not be prorated for any portion of the year.
(Ordinance 02-02, sec. 1, adopted 2002; Ordinance adopting 2023 Code)
A. 
A permittee shall fully comply with flea market provisions at section 16.16.170.4 of this code, and any conditions placed by the planning and zoning commission in approving the location for a flea market.
B. 
Vendors at a permitted flea market are not required to have a business registration, provided their sales are restricted to Saturdays and Sundays. Any vendor who wishes to sell goods on any other days shall have to apply separately to the town for an itinerant vendor’s permit pursuant to the requirements provided in section 5.12.090 of this chapter.
C. 
Vendors who are engaged in the sale of food and food products shall be required to prominently display an approved permit from the New Mexico environment department.
D. 
Vendors shall not sell, possess, provide or allow within their 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 harm to individuals, 5) any other material, substance or display deemed by the town to constitute a public nuisance or a threat to public health, safety and welfare.
E. 
All vendors, whether they are required to have a business registration or not, are required to comply with the provisions of this chapter.
F. 
Vendors utilizing LP gas operated heating appliances shall comply with the life safety code and shall be subject to inspection by the fire department.
(Ordinance 02-02, sec. 1, adopted 2002)
A. 
If, in the opinion of the code enforcement officer, a permittee or a vendor is in violation of any of the conditions of this chapter, the town may suspend the permit. A permit may also be suspended for violation of any of the conditions of flea markets at section 16.16.170.4 of this code, or any conditions placed on the permittee by the planning and zoning commission. The code enforcement officer may suspend a permit until a violation is corrected, or suspend the permit altogether if timely action is not taken to correct the violation.
B. 
If a permit to operate a flea market is suspended, the permittee may appeal the decision to the town manager, who will hear the appeal within seven (7) working days following the receipt of a written notice to appeal from the permittee.
C. 
If a vendor’s authorization to sell at the flea market is suspended by the code enforcement officer, such vendor shall close immediately until the violation is corrected.
(Ordinance 02-02, sec. 1, adopted 2002)
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. 
Any farmers’ market allowed to operate within town limits pursuant to chapter 5.20 of this title.
E. 
Authorized activities on public property approved by the town or the county.
F. 
These exceptions are subject to discretion of the code administrator as regard to exact locations, traffic and safety issues.
G. 
Newspaper vendors.
(Ordinance 02-02, sec. 1, adopted 2002; Ordinance 10-04 adopted 2010)
A. 
Property permitted.
Garage or yard sales are permitted on private property provided they are held by the affected property owner, and do not block or interfere with sidewalks and public roadways. No permit of any kind is required by the town.
B. 
Times permitted.
Garage or yard sales are restricted to Saturdays and Sundays during daylight hours. No garage or yard sales are permitted during the week.
C. 
Signage.
See subsection 16.20.010.5.14.G, “Garage sale and yard sale signs”, of this code.
(Ordinance 02-02, sec. 1, adopted 2002; Ordinance 10-17 adopted 2010)