[HISTORY: Adopted by the Board of County
Commissioners of Doña Ana County 2-27-1990 by Ord. No. 72-90.
Amendments noted where applicable.]
This chapter may be cited as the "Itinerant
and Temporary Vendors Licensing Ordinance."
[Amended 9-27-2011 by Ord. No. 235-2011]
It is presumed that all itinerant vendors and
temporary site-specific vendors engaging in business within the geographical
boundaries of Doña Ana County, New Mexico, excluding areas
within the jurisdictional limits of any incorporated municipality,
are subject to the provisions of this chapter unless exempt by NMSA
§ 7-23-1 or other statute.
The following words, as used in this chapter,
are defined as follows:
As defined in Chapter 157, Design and Construction Standards,
§ 157-10, of the Doña Ana County Code.[1]
[Amended 9-27-2011 by Ord. No. 235-2011]
The County Clerk of Doña Ana County, New Mexico, or
his duly authorized representative.
The Board of County Commissioners of Doña Ana County,
New Mexico.
The Doña Ana County Community Development Director
or his duly authorized representative.
[Added 9-27-2011 by Ord.
No. 235-2011]
Doña Ana County, New Mexico.
Carrying on or causing to be carried on any trade or commerce
with the purpose of direct or indirect benefit.
A division of the State of New Mexico Health and Environment
Department.
A corporation, firm or other body corporate, partnership,
association or individual, including an executor, administrator, trustee,
receiver or other representative appointed according to law and acting
in a representative capacity, but excluding the United States of America,
the State of New Mexico, any corporation, department, instrumentality,
or agency of the federal government or the state government, or any
political subdivision of the state.[2]
The geographical boundaries of Doña Ana County, New
Mexico, including privately owned land or land owned by the United
States, excluding areas within the jurisdictional limits of any incorporated
municipality.
A person who sells, offers to sell, displays for sale, solicits
or takes orders for such items as food, merchandise, or services of
any character from nonspecified locations, including, but not limited
to ice cream trucks, snack wagons, food carts, traveling salesmen
and all other mobile vendors.
A person who sells, offers to sell, displays for sale, solicits
or takes orders for such items as food, merchandise, or services of
any character at a specific location for a period not exceeding 120
days.
[1]
Editor's Note: Chapter 157, Design and Construction Standards, was repealed 12-13-2016 by Ord. No. 287-2016. For current provisions, see Ch. 350, Unified Development Code.
[2]
Editor's Note: The definition of "Planning Director," which
followed this definition, was repealed 9-27-2011 by Ord. No. 235-2011.
See now the definition of "Community Development Director" above.
The Clerk, acting on behalf of the County, is
the issuing agent of licenses under the terms of this chapter.
[Amended 9-27-2011 by Ord. No. 235-2011]
Before any application for a vendor's license
is approved by the Clerk under this chapter, the applicant shall submit
the application to the Community Development Director for review.
The Community Development Director shall review each application for
consistency with applicable planning laws and regulations. An approval
or disapproval shall be indicated on the application form and signed
by the Community Development Director. Approval by the Community Development
Director is necessary before the Clerk may issue any vendor's license.
[Amended 9-27-2011 by Ord. No. 235-2011]
Itinerant vendors engaging in business in the service area shall pay an annual license fee as set forth in Chapter 179, Fees and Permits. Temporary site-specific vendors shall pay a license fee at the rate set forth in Chapter 179, Fees and Permits, with a maximum set forth therein for the entire maximum allowable period of 120 days for each site.
Itinerant vendors and temporary site-specific
vendors shall comply with all applicable local, state, and federal
laws and regulations.
Vendors are responsible for complying with the
following requirements:
A.
All food vendors must comply with New Mexico Environment
Department Food Service and Food Processing Regulations. An Environment
Department, Food Program, food service permit must be obtained prior
to approval of a vendor's license.
[Amended 9-27-2011 by Ord. No. 235-2011]
B.
All display stands or structures must comply with
any applicable regulations of the Community Development Department,
Building Services.
[Amended 9-27-2011 by Ord. No. 235-2011]
D.
Vendors shall not obstruct any public road or right-of-way
while engaging in business.
E.
Vendors shall not occupy or obstruct the clear sight
triangle at the intersection of any public road or right-of-way while
engaging in business.
F.
A minimum area of 20 square feet is required for each
display stand.
G.
Each display stand must have a setback of at least
25 feet from any public road or right-of-way.
H.
Each display stand must have at least one trash can
receptacle with a minimum height of three feet.
I.
All display signs must be placed in areas that do
not obstruct traffic or the public view.
J.
Two customer parking spaces must be provided for each
display stand and one space for every 200 square feet or portion thereof
of the designated display area.
K.
Every vendor covered by this chapter shall at all
times prominently display the vendor's license issued by the County
Clerk's office.
