HomeMy WebLinkAboutOrd 582-2012 Itinerant Vendor Regulations.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 582-2012
AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY
CODE OF ORDINANCES BY AMENDING PART II, ARTICLE 10 (BUSINESS
REGULATIONS) BY ADDING SECTION 6 (ITINERANT VENDORS); PROVIDING
FOR PERMITTING AND REGULATION OF ITINERANT VENDING; PROVIDING
FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED
$500; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") has
previously adopted ordinances, rules, and regulations governing business
activities conducted in the City; and
WHEREAS, the City of Anna, Texas ("City") receives requests from itinerant
vendors who want to conduct temporary sales of products along major
thoroughfares that traverse the City, and the City Council desires to allow for
Itinerant Vending under certain circumstances; and
WHEREAS, the City of Anna, Texas City Council (the "City Council") has
investigated and determined that it would be advantageous and beneficial to the City
and its citizens to amend Part II, Article 10 (Business Regulations) by adding
Section 6 (Itinerant Vendors), which shall regulate Itinerant Vending.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all
purposes.
Section 2. Amendment.
In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances,
the following new Section 6 (Itinerant Vendors) is added to Part 11, Article 10
(Business Regulations):
6.01 Definitions
The following words and phrases, when used in this section, shall have
the meanings ascribed to them by this section. All terminology used in
this section and not specifically defined herein, shall retain its meaning in
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conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body or if not defined therein
the latest volume of Merriam -Webster's Collegiate Dictionary. Otherwise ,
all terminology not defined as described above shall be understood by its
ordinance meaning.
City means the City of Anna, Texas.
Itinerant Vendor means any person, whether principal or agent, who
engages in a temporary or transient business, either in one locality or in
traveling from place to place, selling goods, wares, merchandise, and/or
services and who, for the purpose of carrying on such business, hires,
leases or occupies land for the exhibition and sale of such goods, wares,
merchandise, and/or services.
Itinerant Vending means performing the acts of an Itinerant Vendor.
Parkway means the area between the edge of the designated Street and
the adjacent owner's property line and including any public easement.
Sidewalk means any surface provided for the exclusive use of
pedestrians.
Street means the right-of-way for a Street and the portion of the Street
that is paved, designated, or used for vehicular traffic, and all areas
dedicated to public use for public Street purposes, which include
Parkways, alleys, Sidewalks, drainage ditches and utility easements.
6.02 Permit Required and Other Regulations
(a) Within the corporate limits of the City, it shall be unlawful for any
person to engage in Itinerant Vending without having first applied for and
obtained a permit therefore from the City as required under this section.
(b) Each person engaged in Itinerant Vending must possess an
unexpired permit issued under the provisions of this section.
(c) Each such permit shall be personal to the applicant and shall not be
reproduced nor assigned nor transferred to any other person. Any such
attempted transfer or reproduction is a violation of this section and shall
render the permit void.
(d) Each permit shall expire as of the date noted thereon, which date
shall be in accordance with the provisions of this section, and such
permit shall indicate the hours during which the holder of the permit may
engage in Itinerant Vending.
e) Each permit shall describe any category of goods, wares, services,
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and merchandise that are allowed to be sold by the holder of the permit.
(f) Unless expressly stated to the contrary in a validly issued permit, it
shall be unlawful:
(1) for any Itinerant Vendor to sell any type of goods, wares, services,
or merchandise that is not listed in the application upon which a
permit was issued;
(2) for any Itinerant Vending to occur on any part of a Street,
Parkway, or Sidewalk or at any location not set forth in a validly
approved application for permit;
(3) for any Itinerant Vending to occur at any time other than between
the hours of 7 a.m. to 7 p.m., Monday — Saturday;
(4) for any Itinerant Vending to include the sale of any food or
beverages, except for food and/or beverages that are pre-
packaged and do not require a food -handlers permit or other food -
related and/or beverage -related permit to be issued by a
department of health or other agency or organization with lawful
regulatory jurisdiction over food and/or beverages sold within the
City's corporate limits;
(5) for there to be any accumulation of trash or debris on any site
upon which Itinerant Vending is conducted;
(6) to engage in Itinerant Vending within 300 feet of any location that
is the subject of a previously issued, unexpired Itinerant Vending
permit; or
(7) for an Itinerant Vendor to violate any other provision of this section
or other applicable City ordinances or regulations_
6.03 Permit Application
Every applicant for a permit shall unless otherwise excepted apply for a
permit from the City Permit Officer. Each application required by this
section shall be in writing, and shall set out the following:
(a) the full legal name of the applicant;
(b) the full address of the applicant's permanent residence and
any current temporary address;
(c) the applicant's home and business telephone numbers;
the
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and/or services proposed to be offered for sale;
(e) a general description of the manner in which the applicant
intends to engage in Itinerant Vending during the term of the
permit;
(f) the time period over which the Itinerant Vending is to endure,
including the starting date and the ending date; and
(g) the submission date of the application.
6.04 Permit Attachments and Fee
In addition to any other requirements for a permit application, there
shall be submitted with each application for a permit, the following:
(a) a letter of permission from the owner of the real property that is
the subject of the permit;
(b) a Plot Plan identifying said real property and showing its
location in relation to any abutting or adjacent Streets,
Parkways, or Sidewalks; and
(c) an application fee of $25, unless the applicant has obtained an
Itinerant Vendor permit from the City within the same calendar
year as the application submission date, in which case the fee
is waived; provided, however, that there shall be no such
waiver if—at any time during the twelve-month period
preceding the application submission date—the applicant has
been convicted of a violation of this section or has had an
Itinerant Vending permit revoked by the City.
6.05 Issuance and Nature of Permit
(a) A permit applied for under this section shall be issued or denied by
the City Permit Officer within 10 days after the application is
completed and submitted, unless it is determined that the applicant
has provided false or incomplete information on its application,
failed to pay the application fee, is in violation of—or whose
proposed Itinerant Vending would be in violation of—any
requirement or prohibition of this section.
(b) A permit requested under this section shall be issued for the length
of time requested, not to exceed one year. An expired permit may
be renewed under the provisions and requirements that exist at the
time that renewal is sought.
issued under this section is not a property right and
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(d) A permit issued under this section will be revoked if the owner of
the real property that is the subject of the permit withdraws consent
or if the holder of the permit is in violation of any provision of this
section.
Section 3. Penalty.
Any violation of any of the terms of this ordinance, whether denominated in this
ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted
of any such violation shall be fined in an amount not to exceed $500 for each
incidence of violation. Each violation is considered a separate offense and will be
punished separately.
Section 4. Savings, Severability and Repealing Clauses.
All ordinances of the City in conflict with the provisions of this ordinance are repealed
to the extent of that conflict. If any provision of this ordinance shall be held to be invalid
or unconstitutional, the remainder of such ordinance shall continue in full force and
effect the same as if such invalid or unconstitutional provision had never been a part
hereof. The City declares that it would have passed this ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional
or invalid.
Section 5. Publication of the Caption Hereof and Effective Date.
This ordinance shall be in full force and effective from and after its passage and upon
the posting and/or publication, if required by law, of its caption and the City Secretary
is hereby directed to implement such posting and/or publication.
PASSED by the City Council of the City of Anna, Texas, this 24th day of April, 2012.
ATTESTED:
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UY Secretary, Natha Wilkison arre R. riskell
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