In this chapter, unless the context otherwise requires:
"Permanent vendor"
means a vendor operating from a single location.
"Roving vendor"
means a vendor who moves from place to place, on foot or by vehicle.
"Special event permit"
means a document issued by the City pursuant to this chapter that authorizes sales or services to the public on City-owned or City-operated property or public rights-of-way.
"Special event permit holder"
means a group or organization approved by the Council or specified in HMC § 5.06.050(B) that sponsors community events.
"Vendor"
means a person, organization, partnership, corporation, or other form of business organization.
"Vendor permit"
means a document issued by the City pursuant to this chapter that authorizes the operation of selling merchandise and/or services to the public on City-owned or operated property or public rights-of-way.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
It is unlawful for any person to offer goods or services of any type to the public on any City property or right-of-way without first obtaining a vendor's permit from the City as provided in this chapter, or to violate the terms of a permit issued pursuant to this chapter.
(Ord. 04-03 § 4, 2004)
A. 
A permanent vendor permit may be issued to sell merchandise and/or services at a permanently assigned location. A permanent vendor permit shall be nontransferable. A $100.00 permit fee shall be required in lieu of a business license and collection of sales tax.
B. 
City administration shall determine permanent vendor space and establish requirements for each area. Applicants may submit one application per designated vendor space.
C. 
If more than one applicant applies for a designated space, lots will be drawn to determine the applicant to whom the space will be issued. Only one permit shall be issued per qualified applicant. Permits are valid from January 1st through December 31st of each calendar year. First right of refusal for two additional one-year terms, for a total term not to exceed three years, will be offered to all permanent vendors. City administration must receive notification of intent to renew by the permit holder no later than September 1st of each year.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
A. 
A roving vendor permit may be issued to qualified applicants to sell merchandise and/or services at more than one temporary location, with time restrictions. A roving vendor permit shall be nontransferable and a $100.00 permit fee shall be required in lieu of a business license and collection of sales tax.
B. 
City administration shall determine time restrictions, vending area space, and the number of roving vendor permits allowed.
C. 
Applicants may submit an application per designated venue.
D. 
If more applicants than the number designated by City administration apply, lots will be drawn to determine the applicants to whom the permits will be issued. Permits are valid from January 1st through December 31st of each calendar year. First right of refusal for two additional one-year terms, for a total term not to exceed three years, will be offered to all roving vendors. City administration must receive notification of intent to renew by the permit holder no later than September 1st of each year.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
A. 
A special event vendor permit may be issued to qualified applicants to sell merchandise or services in association with special event permit holder, for the limited term of the special event. A special event vendor permit shall be nontransferable and a $10.00 permit fee shall be required which shall be remitted to the City by the special event permit holder.
B. 
The special event permit holder, subject to City administration's approval, shall determine time restrictions, vending space area, and the number of special event vendor permits allowed.
(Ord. 09-03 § 4, 2009)
A. 
A special event permit is required to conduct a community event and will expire upon completion of the event. All special event permits must have final approval of City administration at least 60 days prior to the event unless specified in subsection (B) of this section.
B. 
The following organizations may hold special event permits for community events without City administration approval prior to the start of the event:
1. 
Houston Chamber of Commerce;
2. 
Houston Lions Club;
3. 
HFD Auxiliary;
4. 
The City of Houston Parks and Recreation Department: all City-sponsored community events;
5. 
Susitna Rotary; and
6. 
Mid-Valley Seniors.
C. 
Permanent and roving vendor permit holders space shall not be interrupted during a special event. Additional vendors may participate, without obtaining vendor permits, during an event sponsored by a special event permit holder subject to the provisions of HMC § 5.06.045.
D. 
Special event permit holders shall submit to the City:
1. 
A certificate of insurance for a general liability insurance policy, in the minimum coverage amount of $100,000 personal injury per occurrence and $50,000 property damage, naming the City and borough as an additional insured. The certificate shall include provisions that the City will be notified within 30 days if the policy is modified or terminated;
2. 
Any additional information requested by the City.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
A completed application for a vendor permit shall be submitted to City administration for approval. Each application shall include:
A. 
The applicable permit fee;
B. 
A certificate of insurance for a general liability insurance policy, in the minimum coverage amount of $100,000 personal injury per occurrence and $50,000 property damage, naming the City and borough as an additional insured. The certificate shall include provisions that the City will be notified within 30 days if the policy is modified or terminated;
C. 
A felony records and sex offender registry check of the applicant; and
D. 
Any additional information requested by the City.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
A. 
Permits issued under this chapter are subject to certain conditions, including, but not limited to:
1. 
Designation of location, activity and scope of operation, as determined by City administration;
2. 
Size of vehicle or sale apparatus; and
3. 
Any additional requirements of the City.
B. 
Permits may be denied to an applicant or to a business owned or controlled by any person who is on active felony probation or parole and has not been unconditionally discharged or anyone on the sex offender registry.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
The following operating requirements shall apply:
A. 
All permits shall be displayed prominently while conducting permitted activities.
B. 
Permit holders shall be responsible to the City for their actions, and those of their agents and employees while engaged in permitted activities.
C. 
Permit holders and their agents and employees shall not obstruct traffic.
D. 
Alterations or permanent improvements to the permitted areas are not allowed. Permanent signs shall not be displayed in connection with the permitted activity.
E. 
Permit holders shall keep their permitted areas clean and neat. Litter shall be properly disposed of at least once a day.
F. 
Permit holders shall promptly notify the City of any accident, injury or claim related to the permitted activity.
G. 
Permit holders shall promptly notify the City in writing of any maintenance or repair needed in the permitted area or of any other condition which may constitute a health or safety hazard.
H. 
Permit holders shall reimburse the City for any damage to City property caused by the permit holder, including the cost of litter abatement.
(Amended during 2005 codification; Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
A permit may be revoked or suspended by the City if:
A. 
False or misleading statements are made by the permit holder, agents or employees in conjunction with the application for the permit;
B. 
The permitted activity has been operated in violation of any provision of applicable law or the terms or conditions of the permit;
C. 
The permit has been conveyed by the permit holder to another person.
(Amended during 2005 codification; Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
An appeal from a decision to refuse to issue, place conditions on, suspend or revoke a permit shall be made to the City Council by filing a notice of appeal with the Clerk within 15 days of the issuance of a written decision.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)
Remedies and penalties for violations of this chapter are as provided in Chapter 1.16 HMC. A total of three citations in one calendar year against a person holding a permit under this chapter shall result in the revocation of the permit.
(Ord. 04-03 § 4, 2004; Ord. 09-03 § 4, 2009)