A.
Permits
required.
1.
This
chapter shall apply to all sales of motor vehicles by dealers that
are held as a special event on a premises that is not otherwise permitted
for such use.
2.
No
temporary motor vehicle sales event can be conducted within the town
unless and until a temporary vehicle sales event permit has been issued
by the town.
3.
For
purposes of this chapter, “premises” shall be construed
to mean an entire site in one ownership. A shopping plaza shall be
considered to be one premises.
4.
For
purposes of this chapter, a “dealer” shall be anyone who
meets the standards set forth by the New Mexico motor vehicle division
to be classified as a motor vehicle dealer.
5.
For
purposes of this chapter, a “motor vehicle” will include
automobiles, boats, campers, recreational vehicles, mopeds, motorcycles,
snowmobiles, trucks, and similar vehicles.
B.
Temporary
vehicle sales event permit.
1.
No
temporary motor vehicle sales event shall be held without first obtaining
a temporary vehicle sales event permit from the town code administrator.
2.
A temporary
vehicle sales event permit shall only be issued for a premises located
in the C-2, HCPD and M-1 zone districts, upon a finding that the event
will not conflict with neighboring businesses or residents. In making
this determination, the code administrator shall consider the following
factors:
a.
The
site is adequate to support the level of activity that is proposed.
b.
The
proposal conforms to the standards outlined in this chapter.
c.
There
is adequate ingress and egress to the premises for automobiles and
pedestrians, traffic flow on area streets will not be significantly
impacted, and the event will not adversely affect emergency response
to the site or neighborhood.
d.
There
is adequate, paved space on the premises to accommodate parking for
both the temporary event and the regular use of the site.
3.
The
event shall not create a nuisance that would be detrimental to adjacent
and nearby properties. Nuisance factors shall include, but not necessarily
be limited to, noise, odor, smoke, glare, excessive lighting, dust,
and/or vibrations.
4.
All
temporary vehicle sales event permit applications must be accompanied
by a town business registration application pursuant to the provisions
of chapter 5.04 of this title.
5.
The
applicant must comply with all local, state, and/or federal regulations
related to the sales of motor vehicles.
6.
Application
requirements for a temporary vehicle sales event permit:
a.
Applications
shall be in writing and shall contain sufficient information to evaluate
the proposed temporary vehicle sales event’s compliance with
the requirements of this chapter.
b.
Evidence
of either property ownership or written authorization of the owner
of the property.
c.
Contact
information (name, address and phone numbers) for: 1) the applicant;
2) the person(s) having the management or supervision of the event
during the time that it will be conducted and the capacity in which
such person(s) will act (that is, whether as proprietor, agent or
otherwise); 3) the on site manager(s), if different from those listed
in item 2 in this subsection; and 4) the name and address of the person,
firm or corporation on whose account the event will occur, if any.
The application shall provide the names of all persons who, at any
time, will have the management or supervisory role on site.
d.
Days
of the week the event will occur, hours of operation for each day,
duration of the event, and lighting plan for hours of operation after
sunset, if any.
e.
A
site plan showing: 1) all existing structures and other site improvements,
2) the location of the sales event, 3) any temporary structures (buildings,
tents, etc.) that may be used for a temporary sales office or other
purpose, and 4) location of the proposed parking area for customers
attending the sales event. The building setback lines required by
the zoning ordinance shall be designated. Ingress and egress to the
site shall be shown. The site plan shall be legible, drawn to scale,
and accurate.
f.
The
number of vehicles for sale expected to be on site.
g.
Information
regarding any music, loudspeakers, and similar sound creating equipment
that will be used during the event, if any.
h.
Nonrefundable
temporary vehicle sales event permit fee.
i.
It
is the responsibility of the applicant to acquire all needed permits
in a timely manner. Applications for a temporary vehicle sales event
permit shall be submitted to the code administrator a minimum of forty-five
(45) calendar days prior to the first day of the event.
C.
Standards
for the conduct of a temporary motor vehicle sales event.
1.
Each
temporary sales event shall have a maximum duration of ten (10) consecutive
days. Duration shall include the time to set up before the sale and
clean up the site after the sales event. The duration of each event
shall be specified, by date, in the temporary vehicle sales event
permit.
2.
Hours
of operation shall be limited to between nine o’clock (9:00)
a.m. and nine o’clock (9:00) p.m. The code administrator may
impose shorter hours of operation in order to reduce impact to the
neighborhood.
3.
There
shall be no more than four (4) events per premises per year. Sales
events on a premises shall be a minimum of fifteen (15) days apart
and there shall be no more than one sales event per calendar month
per premises. Within the temporary vehicle sales event permit approval,
the code administrator may prohibit sales events during certain times
of the year, in order to ensure that there is adequate parking on
site to accommodate the regular uses on a premises (for example, during
the Thanksgiving and Christmas holidays).
4.
No
more than four (4) temporary vehicle sales event permits shall be
issued to the same or affiliated applicant in any calendar year, regardless
of the premises on which they occur.
5.
All
sales event activity (location of vehicles for sale, temporary structures,
and parking) shall conform to the minimum setbacks required by the
applicable zone district.
6.
All
temporary vehicle sales events shall be conducted on a paved surface.
7.
The
holder of the temporary vehicle sales event permit shall be responsible
for all trash removal during and after the event. Trash, including
balloons, shall not be permitted to migrate onto areas outside of
the approved sales event location.
8.
Temporary
signs shall only be permitted for the same duration and same location
as the event. The total area of temporary signage, including banners
and pennants, shall not exceed thirty-two (32) square feet. All temporary
signage shall be securely installed.
9.
Temporary
lighting shall only be permitted if there is inadequate lighting on
site for safety of staff and customers of the event. All temporary
lighting shall be securely installed and shall be included within
the site plan provided.
10.
Vehicles
for sale and the parking areas for customers shall be arranged so
as not to impede sight lines for vehicles or pedestrians entering
or exiting the site, or for vehicles and pedestrians traveling within
the site.
11.
Vehicles
for sale and the parking areas for customers shall not block aisles
in a parking lot that will be used for through traffic.
12.
The
code administrator may impose any conditions it deems appropriate,
including, but not limited to:
13.
If
the code administrator denies the temporary vehicle sales event permit,
the code administrator shall issue a written determination that lists
the reasons for the denial.
D.
Violations.
1.
Failure
to comply with the terms and conditions of a temporary vehicle sales
event permit and/or the requirements of this chapter may be grounds
for immediate suspension of the event until such time as the noncompliance
is remedied. Initially, the code administrator shall verbally inform
the on-site event manager of the noncompliance and provide a reasonable
opportunity for the noncompliance to be corrected. If the noncompliance
has not been remedied within the time period prescribed by the code
administrator, the code administrator shall issue a written suspension
order and shall also cite the on-site manager and the temporary vehicle
sales event permit holder.
2.
If
a temporary vehicle sales event permit holder has been determined
by the code administrator to be noncompliant with the terms and conditions
of the permit, as evidenced by a written suspension order, that permit
holder and the business entity represented by the permit holder shall
be ineligible for another temporary vehicle sales event permit for
eighteen (18) months following the date of the suspension order.
3.
The
town may also take other enforcement action pursuant to the provisions
of this code.
(Ordinance 16-18 adopted 2016)
