(a) A person commits an offense if the person, either personally or through an agent, occupies public property in the city for the purpose of selling, distributing, or offering for sale services or goods, including, but not limited to, food, drinks, flowers, plants, tickets, or souvenirs.
(b) It is a defense to prosecution under this section that the person selling, distributing, or offering for sale services or goods:
(1) is doing so in connection with the transaction of official government business;
(2) is doing so by authority of a contract with the city to operate a concession on designated areas of public property;
(3) is selling, distributing, or offering for sale only periodicals from a coin-operated machine by authority of a license to operate the machine;
(4) is selling, distributing, or offering for sale goods or services from a vehicle by authority of and in compliance with a CBD concession license as provided for in this article;
(5) is selling, distributing, or offering for sale vegetables, produce, or other perishable commodities at the Dallas Farmers Market (as defined in Section 29A-2 of this code), in compliance with Chapter 29A of this code and with the market’s agreements and covenants with the city;
(6) is selling, distributing, or offering for sale a food or beverage from a mobile food establishment in accordance with Section 50-159 of this code;
(7) is selling, distributing, or offering for sale goods or services as authorized by and in compliance with a special event permit;
(8) is selling, distributing, or offering for sale only printed matter that is not commercial printed matter, including, but not limited to, newspapers and magazines, and the selling, distributing, or offering for sale is not being conducted from machines or other structures that occupy public property;
(9) is operating a vehicle for hire;
(10) is selling, distributing, offering for sale, or delivering the goods or services to a person in a structure or vehicle that is affixed to the ground, or to a person who possesses a special event permit or a CBD concession license; or
(11) is not receiving remuneration from the person being given the goods or services, and the person distributing the goods or services does not use any type of vehicle or stand, any part of which touches the ground, when distributing the goods or services, and the method of distribution does not interfere with traffic flow on public streets or sidewalks.
(c) In addition to any enforcement action by a peace officer or the director for a violation of this section, any person who is a victim of an act prohibited under this section, or who witnesses a violation of this section, may file a complaint with the city attorney. Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence.
(d) This section does not apply to the occasional sale of lemonade or other nonalcoholic beverages from a stand in a public park by an individual younger than 18 years of age. (Ord. Nos. 16309; 16835; 17675; 18702; 19517; 19895; 25213; 29023; 31375)