MERCHANDISE: Includes:
A. Trees, shrubs, grass, plants.
B. Clothes, toys, car equipment, tools.
OUTDOOR SALES: The sale or offering for sale of merchandise, whether new or used, from any location within the city of Alamo other than at a commercial permanent structure, at permitted business locations or by permitted peddlers. (Ord. 28-11-09, 11-10-2009)
The owner of a property or any authorized occupant of such property with written permission from the owner, before conducting an outdoor sale, shall obtain a permit from the City of Alamo, the cost of which shall be three hundred dollars ($300.00). (Ord. 28-11-09, 11-10-2009; amd. Ord. 05-01-21, 1-19-2021)
The owner or the occupant with permission of the owner of a property who is granted an outdoor sales permit shall abide by the following conditions which are made subject to the permit:
A. Outdoor sales shall be limited to thirty (30) consecutive days per year for each property and cannot be carried over if not all days have been used.
B. Outdoor sales permits are authorized only for the following holidays: Easter, Mother’s Day, and Valentine’s Day.
C. The hours of operation shall not commence before eight o’clock (8:00) A.M. nor extend beyond ten o’clock (10:00) P.M.
D. No alcoholic beverages shall be sold at, or during, any outdoor sales, unless the same is permitted by the state and the city.
E. A permit shall be nontransferable and shall be valid only for the dates specified on the permit.
F. A permit shall be displayed in a conspicuous place for the entire duration of the sale.
G. No permit shall be required for flower shops that have been in operation for at least 1 year within City of Alamo city limits, unless the proposed outdoor sales are located off-site from the shop’s property. All other businesses, require an outdoor sales permit.
H. Applicant must provide a tax identification certificate issued by the state comptroller.
I. Applicant must provide a detailed site plan illustrating a setback from the curb or gutter of at least twenty feet (20.0') to the area of sale, adequate parking, access from public thoroughfare, restrooms, a letter from the owner of the existing business, if not owned by the applicant, and any other information necessary for the city to issue a permit. No permit shall be issued unless the location has the foregoing specifications or conditions.
J. If the selling activity involves the use or operation of a motor vehicle, the applicant shall also file with the City of Alamo proof that such business entity has, in force, a policy of liability insurance issued by an insurance company licensed to do business in Texas, with minimum policy limits as follows: one hundred thousand dollars ($100,000.00) per person; three hundred thousand dollars ($300,000.00) for any single occurrence for bodily injury or death; ten thousand dollars ($10,000.00) for any single occurrence for injury to or destruction of property.
K. Only foods associated with the holiday for which the outdoor sales permit is sold are permitted, for example, chocolate covered strawberries, chocolates, etc. Applicants proposing the sale of food are subject to obtaining a County Health Permit. (Ord. 28-11-09, 11-10-2009; amd. Ord. 05-01-21, 1-19-2021)
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