(a) A person desiring to hold a neighborhood market shall submit an online application with the office of special events. An application must be filed not less than 30 business days before the neighborhood market is to begin. The director may waive the filing requirement if the application is submitted within five days of the submission due deadline and the application can be processed in less than the number of calendar days required, taking into consideration the number and types of additional licenses and permits that may be required to be issued in conjunction with the neighborhood market permit and the extent of public safety, department, or agency review required based on the scope of the market. An activity that qualifies for a neighborhood market permit under this article is not required to obtain a special event permit under Article II of this chapter.
(b) An application must be completed in full before it can be invoiced. An application will not be processed, and the date and venue will not be confirmed until the application processing fee has been paid. Submission of a complete application does not guarantee a neighborhood market permit will be issued. All requirements must be met prior to permit issuance.
(c) If the director determines that an application requires additional information in order to make a decision, or if additional fees will be required to process the application, the application will be considered incomplete and cancelled if the applicant does not supply the additional information or fees after the director has sent two reminder emails and made one reminder phone call after a period of 10 business days without a response from the applicant.
(d) Upon receipt of the completed application, the director shall forward a copy of the application to all applicable city departments and partner agencies for review. If the application must be reviewed for public safety, public safety agencies will review the application first, followed by a review by city departments and partner agencies. If any part of the scheduled activity is to be held on or adjacent to property that is exempt from this chapter under Section 42A-5, the director shall also include the entity that manages or controls the exempt property in the review of the application. Each department and partner agency shall review the application and return it, with any comments, to the director within 10 business days of receipt requiring a response. If no response is received, the director may proceed with permitting; however, if an application requires a public safety review, the director must wait for the public safety review response before proceeding. If any department denies the application, or a resolution cannot be reached, the permit will be denied.
(e) If the proposed neighborhood market will be held on private property and the applicant does not own the property, the applicant shall obtain the written consent of the property owner to conduct the neighborhood market on the property with the authorization including the dates and times of the neighborhood market. The written consent must be submitted at the time of application. The applicant shall present the written consent to the director or any peace officer upon request.
(f) The director shall cancel a neighborhood market permit application if:
(1) a neighborhood market permit has been granted or is in the review process for another neighborhood market at the same or a nearby place and the same time.
(2) an established neighborhood market is customarily held at the same or a nearby place and the same time as the proposed neighborhood market.
(3) the proposed neighborhood market will occupy any part of a freeway, expressway, or tollway.
(4) the proposed neighborhood market will unreasonably disrupt the orderly flow of traffic, and no reasonable means of rerouting traffic or otherwise meeting traffic needs is available.
(5) the proposed neighborhood market cannot comply with high impact parameters.
(6) the applicant makes a false statement of material fact on an application for a neighborhood market permit or fails to properly complete an application for a neighborhood market permit.
(7) the applicant had a neighborhood market permit revoked within the preceding 14 months.
(8) the applicant has received, within the preceding 14 months, two or more notices of violations or citations related to a provision of a neighborhood market permit or this chapter.
(9) the applicant has a history of conducting or sponsoring neighborhood markets in a disorderly, unsafe, unsanitary, or fiscally irresponsible manner.
(g) If the director determines that an applicant has failed to pay any outstanding fees assessed under Section 42A-6 of this chapter for the proposed scheduled activity or a past scheduled activity, the application will be deemed incomplete and the application will be cancelled. An application that has been cancelled under this subsection cannot be re-filed for 12 months.
(h) If the applicant makes major changes to the original submission of an application, this will result in the original permit application being cancelled. A revised permit application will be required, along with new application processing fees if the applicant wishes to pursue the application.
(i) An application that has been cancelled because it is incomplete cannot be appealed under Section 42A-8 and all application processing fees are forfeited.
(j) After reviewing the application and confirming all permit requirements have been met, the director shall issue the permit unless denial is required by Section 42A-35. A neighborhood market permit expires one year after issuance and may only be issued for 46 nonconsecutive days in a year. (Ord. 31144)
(a) A neighborhood market may not be conducted:
(1) in the central business district;
(2) in a single family, duplex, or townhouse zoning district as defined in the Dallas Development Code, except if the location has a valid certificate of occupancy for a non-residential use or by a waiver granted by the director in accordance with subsection (b);
(3) within one mile of another neighborhood market permitted under this chapter that has the same or overlapping operating dates and times;
(4) at any location where one or more neighborhood markets have already been conducted a total of 28 days during the particular calendar year;
(5) at any location other than the one listed in the permit application;
(6) at a public park; or
(7) on a sidewalk.
(a) A neighborhood market must operate a minimum of 12 days in a calendar year at the same location, but may not be operated more than 46 days at the same location in a calendar year and may not be operated on consecutive days.
(b) A neighborhood market may only be operated between the hours of 8 a.m. and 10 p.m. on any day of the week.
(c) The neighborhood market may only be operated in accordance with the schedule filed with the director at the time of permit application. An amendment to the schedule may be approved by the director during the calendar year. An amendment request and the required change fee must be received by the director at least 15 days before implementing any changes. Date changes do not constitute a major change.
(d) Except as provided in this subsection, no more than 75 vendors may participate in a neighborhood market. Two of the 46 market days may be designated as holiday or specialty markets, and as such, will be allowed up to 100 vendors. A current vendor list must be on file with the office of special events. Changes or additions to this vendor list may be made throughout the year. Current vendor fees will be assessed with each submission. No change fees will apply.
(e) Each stall area used by a vendor may not exceed 10 feet by 15 feet.
(f) All litter, tents, stalls, food, merchandise, and other evidence of the neighborhood market must be removed from the premises at the end of each market day.
(g) A permit holder must provide the name, phone number, and email address of an individual who will be available following submission of an application through the end of the neighborhood market, as well as at the neighborhood market site the day of the neighborhood market, to respond to any questions or concerns from police officers or code compliance officers. This individual shall meet police officers or code enforcement officers at the neighborhood market site within one hour of being contacted by telephone or email. (Ord. 31144)
(a) Street closures are limited to one block with no intersections.
(b) Street closures require approval from applicable partner agencies and city departments.
(c) A permit holder must provide notice of street closures in accordance with Section 42A-18.
(d) The police department may require a traffic control plan at the expense of the applicant. If a traffic control plan is required, it must follow the standard format approved by the director and be approved by the city prior to permit issuance.
(e) All traffic apparatus required to fulfill a traffic control plan must be acquired at the applicant's expense.
(f) The director may require accommodations if a proposed street closure will restrict access to public or private parking, residences, businesses, or places of worship. (Ord. 31144)
(a) A complete parking plan must be submitted with each neighborhood market application. The director may waive this requirement for neighborhood markets with an expected total attendance of less than 250.
(b) The parking plan must demonstrate that adequate parking will be available to accommodate the expected total attendance.
(c) The parking plan must be approved prior to the issuance of a neighborhood market permit.
(d) Meter hooding and no parking zones in connection with a neighborhood market must be limited to the shortest time feasible. "No parking" signs must be posted a minimum of 24 hours in advance of the neighborhood market and follow a standard format approved by the director.
(e) When the main use of the property is open for business and the designated parking is to be activated as part of the neighborhood market space, the applicant must demonstrate that provisions have been made to provide remote parking in an amount that is adequate to replace the parking spaces being utilized as part of the neighborhood market space.
(f) When activating neighborhood market in a multi-tenant parking lot, and when the tenants are open for business, not more than 25 percent of the total area of the shared available parking may be activated for the permitted activity. (Ord. 31144)
(a) Products that may be sold at a neighborhood market include, but are not limited to, the following:
(1) Fruits, vegetables, honey, eggs, nuts, herbs, and mushrooms.
(2) Meats.
(3) Dairy products.
(4) Prepared foods, including but not limited to baked goods, packaged foods, and oils.
(5) Arts and crafts, including but not limited to jewelry, candles, natural skin care products, soaps, art, knitting, quilts, and pottery.
(6) Garden items, including but not limited to plants, flowers, and soil.
(b) At least 30 percent of the vendors participating in a neighborhood market must sell produce or other food items.
(c) All products distributed, offered for sale, or sold at a neighborhood market must have been raised, grown, made, crafted, processed, or produced by the vendor in a Texas county completely or partially located within a 150-mile radius of Dallas County, except that the 150-mile radius requirement does not apply to produce or other food items determined by the director to be unavailable from vendors in the radius area.
(d) No products may be offered for resale.
(e) Live animals may not be distributed, offered for sale, or sold at a neighborhood market. (Ord. 31144)
(a) Each calendar year before vending at a neighborhood market, a vendor shall sign and provide the permit holder with a written statement that:
(1) all products to be distributed, offered for sale, or sold at the neighborhood market have been raised, grown, made, crafted, processed, or produced by the vendor in a Texas county completely or partially located within a 150-mile radius of Dallas County, except that the 150-mile radius requirement does not apply to produce or other food items determined by the director to be unavailable from vendors in the radius area; and
(2) no product is being offered for resale.
(b) The permit holder shall maintain a vendor statement for each vendor operating at the neighborhood market and shall present the vendors' statements to the director or any peace officer upon request. (Ord. 31144)
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