For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ITINERANT VENDOR.
(1) Those enterprises which fail to satisfy both of the following criteria:
(a) Conduct business inside a permanent enclosed structure; and
(b) The business must be open at least once per week during at least 3 consecutive months.
(2) The
ITINERANT VENDORS shall be subject to the $100 per day and $50 each succeeding day provision in this chapter. ITINERANT VENDORS shall be located in areas providing a minimum of 5 off-street parking places, unless more are deemed necessary by the City Code Enforcement Department.
(3) Exceptions:
(a) Vendors registered with the city operating on the west ½ of the “Free Parking” lot on South First Street between Park and Cook on Saturdays and Sundays and paying $25 per day while operating;
(b) Produce vendors selling only produce of their own production in compliance with the New Mexico Produce Act, NMSA §§ 76-15-10 through 76-15-22;
(c) Residential yard sales (no more than 2 per year at a given address or location);
(d) Fund raisers sponsored by local nonprofit organizations;
(e) Services and trades where the primary product is labor;
(f) Outside sales of merchandise from an immediately adjacent established retail establishment selling the wares; and
(g) Events and craft shows sanctioned by the city. Multiple vendors at a single location shall be considered as 1 vendor.
(Policy 2003-01, passed 1-14-2003)