(A) Alcoholic beverages sold in a restaurant for on-premise consumption and for off-premise consumption in growlers.
(1) The restaurant where the alcoholic beverage is proposed to be sold is not located within 300 feet of a church or school as measured by state law;
(2) The restaurant where the alcoholic beverage is proposed to be sold is not located on property, two or more sides of which abut property in a residential zoning district;
(3) The gross receipts derived from the sale of alcoholic beverages shall not exceed 49% of the gross receipts derived from all sales;
(4) The sale and use of growlers shall be in compliance with all applicable federal, state, and local health and safety law. The sale of an empty growler shall not count as a sale of alcohol beverage for the purpose of determining the percentage of gross receipts derived from the sale of alcoholic beverages.
(5) Sales of alcoholic beverages in a growler shall be limited to sales of beverages with a percentage of alcohol not higher than 15% by volume.
(B) Alcoholic beverages sold in grocery stores for off-premise consumption.
(1) The grocery store where the alcoholic beverage is proposed to be sold is not located within 300 feet of a church or school;
(2) The grocery store where the alcoholic beverage is proposed to be sold is not located on property, two or more sides of which abut property in a residential zoning district;
(C) Accessory food sales. In addition to the general criteria applicable to all special uses, a special use for accessory food sales shall be operated and maintained in accordance with the following conditions and limitations:
(1) Accessory food sales shall occur in a structure, whether mobile or otherwise, in an area not exceeding 150 square feet.
(2) The structure housing the special use shall not be located on any roadway or fire lane. The special use shall not be located so as to impede pedestrian traffic on any sidewalk.
(3) A permit for accessory food sales shall expire in the event that the retail establishment to which such special use is an accessory discontinues its business on the property.
(4) The operator of the special use shall at all times hold current certificates, permits and/or licenses required by the Travis County Health Department and any other agency of the State of Texas for operation of the food service establishment operated pursuant to the special use.
(5) No signs advertising any aspect of the special use shall be displayed except as attached to and confined to the surface area of the walls of the structure housing the special use.
(6) No goods or services shall be provided other than the sale of food and items incidental thereto, such as napkins and eating utensils. Sufficient signs, recyclable containers, and trash receptacles shall be provided by the permit holder to control and prevent litter incident to the special use.
(7) Authorization for accessory food sales pursuant to this subchapter shall be for a period not to exceed six months. Renewal periods for such authorization not to exceed six months may be granted not later than the expiration of the previous authorization at the discretion of the City Administrator provided the applicant has not received more than two validated warnings prior thereto regarding the special use. A $25 dollar administrative fee shall be paid for all administrative renewal authorizations. In the event the city receives a verbal or written complaint regarding the special use, a staff person or designee will investigate the complaint in a timely manner to determine its validity. Administrative staff shall record the name, address, phone number, date and time that verbal complaints are registered. In the event the complaint is validated, the applicant shall receive a written warning with instructions to correct the violation. If the violation has not been corrected within 15 days after receipt of the second warning issued by the city, the special use permit shall be revoked.
(D) Display of oversized merchandise (not applicable to temporary special uses). In addition to the general criteria applicable to all special uses, a special use for display of oversized merchandise shall be operated and maintained in accordance with the following conditions and limitations:
(1) This division applies only to oversized merchandise offered for sale to the general public, which is too large to be conveniently stored and displayed inside the facility out of which sales are made.
(2) Oversized merchandise shall be stored adjacent to the main facility out of which such oversized merchandise is sold. The display area shall be equipped with overhead sprinklers for protection against fire in the display area.
(3) No more than 20% of the frontage of the main facility may be used for display of oversized merchandise.
(4) Use of a display area permitted shall not impede pedestrian traffic on any sidewalks. The display area shall not include any part of a road, street, thoroughfare, fire lane or parking area used by motor vehicles.
(5) The display area proposed to be used and the items proposed to be displayed shall be designated in an application for this special use. Each such designation shall be subject to approval of the City Council.
(E) Alcoholic beverages sold in a retail establishment for off-premise consumption. A proposal to sell alcoholic beverages in a retail establishment for off-premise consumption must comply with the following specific criteria and conditions, as well as the foregoing general criteria:
(1) The sale of alcoholic beverages shall be restricted to beer and wine;
(2) The retail establishment where the alcoholic beverage is proposed to be sold is a minimum of 10,000 square feet and the total display or shelf space devoted to the sale of beer and wine does not exceed 10% of the total display or shelf space devoted to other retail sales;
(3) The retail establishment where the alcoholic beverage is proposed to be sold is not located within 300 feet of a church or school as measured by state law;
(4) The retail establishment where the alcoholic beverage is proposed to be sold is not located on property, two or more sides of which abut property in a residential zoning district;
(5) The gross receipts derived from the sale of beer and wine shall not exceed 40% of the gross receipts derived from the sale of other retail products.
(F) Farmer’s/artisan market. A proposal to sell goods, wares, merchandise, produce, or products on part of a public street, sidewalk, or alley, other public lands, or on private property.
(1) Definitions. For purposes of this division, unless the context otherwise indicates, the following terms have the following meanings.
ARTIST/ARTISAN. Any individual who displays or offers for sale his or her own handcrafted items.
FARM AND FOOD PRODUCTS. Any agricultural, horticultural, forest or other product of the soil or water, including, but not limited to, fruits, vegetables, eggs, dairy products, meat and meat products, poultry and poultry products, fish and fish products, grain and grain products, honey, nuts, maple products, apple cider, fruit juice, wine, ornamental or vegetable plants. This term does not include live animals.
FARMER/GROWER. A person whose produce or plants are organically, sustainably or naturally grown and grown within the defined local area. Organically grown produce must be certified by the State of Texas.
FARMER’S/ARTISAN MARKET. A building, structure or location at which a group of two or more farmers or artisans or a combination thereof, from a defined local area who directly sell to the public farm and food products, either primary or secondary producer food specialty items, handcrafted items, goods or wares, and/or natural flowers and plants at which 80% of itinerant vendors must have grown, reared, caught, brewed, pickled, baked, smoked or processed the goods themselves.
FOOD SPECIALTY ITEMS. Baked goods, jams, jellies, large-portion prepackaged products, spices, condiments, cheeses, meats, seafood and pasta. Food specialty items may or may not be intended for immediate consumption on premises.
HANDCRAFTED ITEMS. Non-machine made objects, displaying a degree of manual skill or dexterity, and include, but are not limited to, leather goods, wood carving, beadwork, basketry, pottery and jewelry, hand woven cloth and blankets and objects made there from. Such items may include elements of new materials or machine-made parts, provided that no object which is primarily mass-produced or machine-made and assembled from a kit shall be considered to be handcrafted. Clothes and craft items sewn with a machine shall be considered handcrafted items.
ITINERANT VENDOR. Any local farmer, grower, producer, person or artisan with no established business location within the geographical boundaries of the city who is associated with a permit holder that has been issued a farmers/artisan market special use permit. This term excludes any business within the city related to a home occupation permit.
LOCAL AREA. Within the borders of the State of Texas provided no suitable product from a primary producer, farmer, artisan or grower is available within a radius of 150 miles from the city limits.
MACHINE-MADE. The producing or reproducing of an item in mass production by mechanically stamping, casting, blanking and weaving, except beads.
NATURAL FLOWERS/NATURAL PLANT/NATURAL PRODUCE. Propagated by seeds or cultivated by budding, grafting, layering, or other nursery techniques. The term “natural” excludes any produce/plants that have been irradiated, grown using pesticides, herbicides or chemical fertilizers, and is hormone free.
PRODUCER, PRIMARY. All produce grown, reared or caught on the producer’s land within the defined local area. For domesticated livestock or plants this means grown or finished (having spent at least 50% of its life) on the producer's land. For fish and other seafood this means caught from either inshore waters within the local area or offshore waters along the Texas coastline.
PRODUCER, SECONDARY. All produce must be brewed, pickled, baked, smoked or processed by the itinerant vendor using at least one ingredient of origin from within the defined local area (not merely bought locally). The minimum local ingredient is 10% of each product. Receipts should be kept as proof of origin for inspection.
PERMIT HOLDER. An individual or representative of an organization that represents a group of small scale itinerant vendors that come together on an occasional or temporary basis as a collaborative group.
SUSTAINABLY GROWN. Produce or plants that adhere to an agriculture that promotes self-reliance, resource conservation, and viability to both the natural environment and the parties involved. Sustainable agriculture incorporates the principles of organic farming although it does not need to be organically certified.
(2) Review of effects. Before approving a special use permit allowing a farmer's/artisan market, the City Zoning Commission and City Council shall consider the following:
(a) Pedestrian and motor vehicle safety at and surrounding the proposed market;
(b) The effect of anticipated pedestrian and motor vehicle traffic on adjoining streets and sidewalks;
(c) The compatibility of adjacent zoning;
(d) Cultural, sociological, economic, traditional, or historical influences that create or support placement of the proposed market;
(e) Availability of existing market space in the area; and
(f) Public health, safety and welfare.
(3) Permanent use not created; no abandonment or vacation. The approval of a special use permit establishing a farmer's/artisan market does not create a permanent right to use, or is not to be construed to authorize abandonment or vacation of a public street, sidewalk, or alley.
(4) Application requirements.
(a) An application under this section shall include:
1. The permit holder’s name, including the organization name, mailing address, phone number, and email address.
2. A list of all itinerant vendors, including state sales tax permit number, if applicable, or exemption certificate.
3. A description of the merchandise intended for sale and a statement that the merchandise offered for sale has been created or produced by the itinerant vendor.
4. A written schedule showing the days and hours of operation.
5. The exact limits or boundaries of the market.
6. The proposed closure of any public street, sidewalk, or alley.
7. A statement from the permit holder that the organization will not discriminate against itinerant vendors based on race, religion, sex, national origin, sexual orientation, age or disability.
(b) Two applicants may file a joint application if both applicants are engaged in a joint business venture and complete the application form and provide the information required in division (A) for both applicants.
(5) Conditions of operation.
(a) The permit holder shall be responsible for insuring the following conditions of operation are adhered to:
1. That all itinerant vendors have individual licenses and certificates as promulgated by the state and/or health department. For the purpose of health permits only, farmers market may be defined as a temporary event. A temporary event permit may be issued for the event and such permit may run for up to fourteen consecutive Saturdays.
2. The location of vendor spaces shall have provision for access and shall be divided in such a way to ensure movement and safety between the vendors.
3. The location of vendor spaces shall not hinder or impede pedestrian flow on any sidewalk or traffic flow on any roadway adjacent to the farmer's/artisan market.
4. The vendor’s current sales tax permit is available on site for inspection at all times of operation.
5. All supplies and storage shall be kept in a neat and orderly fashion within the vendor’s space.
6. Portraits offered for sale that are created on site by the portrait artist while the subject poses. Portrait artists may sell mailing tubes, protective frames, mats or glass as part of the sale.
7. Works such as sculpture or paintings, drawings, prints, or photographs and all other two dimensional works of art are originals or high quality reproductions of the artist’s work, consecutively numbered, signed or stamped by the artist. Quality reproductions of two dimensional works are acceptable if hand enhanced.
8. All vendors offer for sale only the type of product as listed on the statements submitted to the Deputy City Administrator unless other products are reviewed and approved by the Deputy City Administrator for compliance with this special use permit.
9. A vendor may not claim use of or occupy a vendor space except during the time the farmer’s/artisan market is authorized to operate.
10. Any spaces in the farmer's/artisan market reserved for use by an organization promoting public awareness, or not-for-profit fundraising, shall not be counted towards the 20% of itinerant vendors who do not have to grow, rear, catch, brew, pickle, bake, smoke or process the goods themselves.
(b) An employee of the city or another governmental entity may inspect a license during operation of a farmer's/artisan market.
(c) An employee of the city, designee or another governmental entity may inspect a vendor space and merchandise displayed, offered for sale, or sold at a farmer's/artisan market.
(6) Hours of operation/parking on streets.
(a) The farmer's/artisan market shall only operate between the hours of 8:00 a.m. to 6:00 p.m. on either a Saturday or Sunday of each week. The city may also request vendors to cease operation due to security reasons or in the event of an emergency.
(b) Vehicle parking on streets surrounding the farmer's/artisan market for the setup or tear down of vendor displays or deliveries shall not be parked longer than 20 minutes on streets open to traffic.
(7) License term and renewal.
(a) All permits issued under this section are valid for a term of one year from date of issuance.
(b) All permits issued under this section are non-transferable and a separate permit is required for each farmer’s/artisan market area.
(c) All permits shall not automatically be renewed.
1. Persons who hold permits may submit applications for additional one-year terms.
2. The City Administrator may approve a renewal application provided the applicant has not been found to have violated the terms of the permit.
(8) Enforcement.
(a) The city shall inspect all displays at least monthly to confirm compliance with this section and any applicable laws. Upon determining that the permit holder is in violation of any provision of this section, the city may suspend or revoke the license.
(b) The city shall investigate complaints alleging violation of this section provided that the complaint is in written form and signed by the complainant including the telephone number and address.
(c) The city has the authority to physically take any product, produce, or items for sale by the vendor into custody for examination and investigation of compliance with this section, provided that such taking shall be only for a reasonable period of time not to exceed 30 calendar days. The city has the authority to require that a vendor demonstrate the creation of the wares at any time after issuance of the permit, in order to determine if the vendor is in compliance with this section. If destructive testing makes the return of the item impossible, the city shall purchase the item from the vendor.
(d) If any vendor is not in compliance with this section the permit holder shall be notified in writing of the violation and shall have seven calendar days to come into compliance or the permit shall be suspended until the violation is cured, provided however, that if the violation is a health or safety violation, then the violation must be cured immediately.
(9) Prohibitions. The following acts are prohibited.
(a) A person may not use the term “farmer’s/artisan market” to describe a market or other sales location that does not meet the terms of the definition set forth in the definitions for this division.
(b) An itinerant vendor may not sell farm and food products, handcrafted items, or food specialty items at a market labeled “farmer’s/artisan market” unless at least 75% of the product offered by that person was grown or processed by that person or under that person’s direction. A product not grown or processed by that person must have been purchased directly from another farmer.
(10) Penalty.
(a) Any person violating any provision of this section of the Code regulating farmer's/artisan market special use permits which do not relate to health or sanitation within the corporate limits of Sunset Valley, Texas shall be guilty of a misdemeanor, and upon conviction shall be fined an amount not exceeding $100.
(b) Any person violating any provision of this section of the Code regulating farmer's/artisan market special use permits within the corporate limits of the City of Sunset Valley, Texas, that relates to health or sanitation shall be guilty of a misdemeanor and upon conviction shall be fined an amount not exceeding $1,000.
(c) Each day that such violation continues shall be a separate offense. Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this section of the Code.
(11) Relationship to farmer’s/artisan market rules. This section does not prohibit a market from imposing more stringent requirements on its sellers than those imposed by § 150.103(F).
(G) Event Center requiring TABC license or permit for premises. In addition to the general criteria applicable to all special uses, an event center requiring TABC license or permit for premises shall be operated and maintained in accordance with the following conditions and limitations:
(1) The premises must comply with all requirements applicable to event centers;
(2) The premises where the alcoholic beverage is proposed to be sold is not located within 300 feet of a church or school as measured by state law; and
(3) The premises where the alcoholic beverage is proposed to be sold is not located on property, two or more sides of which abut property in a residential zoning district.
(H) Winery. A winery must comply with the following specific criteria and conditions, as well as the foregoing general criteria:
(1) The winery where the alcoholic beverage is proposed to be sold is not located within 300 feet of a church or school as measured by state law.
(2) The winery where the alcoholic beverage is proposed to be produced or sold is not located on property, two or more sides of which abut property in a residential zoning district.
(3) A winery shall produce no more than 20,000 gallons of wine annually on the permitted premises.
(4) The quantity of alcoholic beverages produced or bottled off premises purchased by the winery may not exceed 40% by volume of the quantity of alcoholic beverages sold as measured in gallons.
(5) The permit holder shall prohibit patrons from leaving the licensed premises with an unconsumed alcohol sample or glass of wine.
(6) A permit holder may offer alcohol samples and glasses of wine in open containers and may provide them to a patron free of charge.
(7) A permit holder must comply with all state and federal laws and regulations regarding the production and sale of wine.
(8) A permit holder must submit a report of the activities for a permit renewal on an annual basis that includes the previous 12 months of reports to TABC of alcoholic beverages purchased, alcoholic beverages produced and total sales of alcoholic beverages.
(I) Alcoholic beverages sold in a retail establishment for off-premise consumption under Tex. Alcoholic Beverage Code Chapter 22 package store permit.
(1) The retail establishment where the alcoholic beverage is proposed to be sold shall operation in pursuant to a permit issued under Tex. Alcoholic Beverage Code Chapter 22 and shall operate in compliance with that Code;
(2) The retail establishment where the alcoholic beverage is proposed to be sold is a minimum of 20,000 square feet;
(3) The retail establishment where the alcoholic beverage is proposed to be sold is not located within 300 feet of a church or school as measured by state law; and
(4) The retail establishment where the alcoholic beverage is proposed to be sold is not located on property, two or more sides of which abut property in a residential zoning district.
(J) Religious worship uses.
(1) A special use permit is required for conversion of existing improvements on a property from a residential use to a religious worship use where no alterations requiring a building permit are made; for construction of new improvements to be used for a religious worship use; and for alteration of existing improvements to be used for a religious worship use.
(2) Disclosure of the religious worship use shall be made in each application for a building permit for improvements to be used for religious worship. Construction shall comply with all applicable building regulations pertaining to religious or public assembly facilities.
(3) Occupancy limits for all improvements used for religious worship uses shall be established in accordance with fire safety regulations of the city, regardless whether a building permit is required and issued.
(4) Where no construction activity is proposed and no building permit is required, a certificate of occupancy shall be issued on approval of a special use permit, which shall establish the maximum occupancy.
(5) For uses with an occupancy limit of greater than 20 persons, the lot used for a religious worship use must be adjacent to a collector, minor or major arterial street.
(6) On- or off-site parking must be provided at a ratio of one parking space per three persons, up to the occupancy limits of the building(s) on the property used for religious worship uses. The number of handicapped parking spaces required by the table in § 150.589 shall be provided on site except where no buildings to be used for religious worship are required to comply with accessibility requirements for the disabled pursuant to applicable regulations.