SECTION:
3-14-1: Definitions
3-14-2: Conditional Use Permit
3-14-3: Flea Market Permit
3-14-4: Code Inspection Fee
3-14-5: Copy Of Regulations
3-14-6: Merchandise Subject To Inspection
3-14-7: Prohibited Merchandise
3-14-8: Hours Of Business Regulated
3-14-9: Violators Barred From Displaying Merchandise
3-14-10: State Sales Tax Permit And Collection Required
3-14-11: Health Cards For Food Handlers/Vendors
3-14-12: Flea Markets To Be Located In A Commercial Zoning District
3-14-13: Minimum Development Standards
3-14-14: Construction And Development Plan Required
3-14-15: Other Conditions
For the purposes of this chapter the following words and phrases, except where the context clearly indicates otherwise, shall be defined as follows:
FLEA MARKET: A type of bazaar or organized activity where persons sell, swap, trade or barter sundry used items such as furniture, appliances, electronics, household items, clothes, tools and other cut rate goods, usually on the weekends. A flea market may be held outdoors where vendors display their wares on tables, on the ground, or from vehicles, and may include makeshift covered booths or stalls. A flea market may also be held indoors in large covered buildings. A flea market may include food and beverage booths.
FLEA MARKET OPERATOR: The person or entity who obtains a conditional use permit and a flea market permit to operate a flea market.
FLEA MARKET VENDOR: Any person who sells, swaps, trades, or barters any item at a flea market.
VENDING AREA: The area designated within the flea market that is divided into individual vending booths or stalls.
VENDING BOOTH OR STALL: A division of the vending area where flea market vendors may sell, swap, trade, or barter any item. (Ord. 11-04-09, 4-21-2009)
No flea market shall be operated within the city limits without a conditional use permit approved by the board of commissioners and issued by the community planning and development department. A conditional use permit issued for a flea market shall not be transferable and shall expire on the date stated on the permit or earlier upon the transfer of ownership, occupancy or possession of the land. (Ord. 11-04-09, 4-21-2009)
In addition to any other fee required under title 10, chapter 13 of this code, the applicant shall pay a flea market permit fee equal to ten dollars ($10.00) for each vending booth or stall available for use by flea market vendors at any time. This permit must be renewed annually. It shall be unlawful to operate a flea market without a conditional use permit or a flea market permit issued by the city of Alamo, Texas. (Ord. 11-04-09, 4-21-2009)
Prior to commencing business operations, a flea market operator shall pay a code inspection fee of one thousand dollars ($1,000.00) to the city to cover the cost of a comprehensive code inspection addressing such issues as fire, plumbing, and electrical. After initial startup, this code inspection shall be conducted annually. The code inspection fee for subsequent annual inspections shall be one thousand dollars ($1,000.00). (Ord. 11-04-09, 4-21-2009)
Every flea market operator shall furnish a copy of the regulations contained in this chapter to every person who is allowed to display merchandise for sale within such flea market. If the operator fails to comply with this provision, his/her license may be suspended. (Ord. 15-07-06, 7-18-2006)
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