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Home My WebLink About16438 ORD - 07/29/1981JRa:jkh:7-15-81 2.D AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY ADDING A NEW PROVISION, SECTION 2-110, VENDING PERMITS REQUIRED, ESTABLISHING THE REQUIREMENT FOR VENDORS UTILIZING PUBLIC PARKS AND BEACHES, ANY CITY STREET, SIDEWALK, OR OTHER PROPERTY WITHIN 500 FEET THEREOF TO OBTAIN PERMITS FOR SUCH USE AND AUTHORIZING THE CITY MANAGER, DEPUTY CITY MANAGER, ASSISTANT CITY MANAGER OR THE DIRECTOR OF THE PARK AND RECREATION DEPARTMENT TO GRANT AND ADMINISTER DAILY, WEEKLY AND MONTHLY VENDOR PRIVILEGES ON SUCH PROPERTY; AMENDING SECTION 19-33, SIDEWALK OR STREET SALES BY DELETING CERTAIN PROVISIONS AND CLARIFYING WHEN SIDEWALK AND STREET SALES MAY BE PERMITTED; AMENDING SECTION 19-46, PEDDLERS' VEHICLES, ETC., BY FORBIDDING SALE OF MERCHANDISE IN ,THE CITY WITHOUT FIRST HAVING OBTAINED A PERMIT; PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, City of Corpus Christi, 1976 Revision, as amended, be amended by adding a new provision, Section 2-110. Vending Permits Required, to hereafter read as follows: "Section 2-110. Vending Permits Required. It shall be unlawful for any person to peddle, sell or offer for sale any food, beverage, or merchandise in any city park or beach, or on any city street, sidewalk, or other public property within 500 feet of said park or beach, without first obtaining a permit in compliance with this ordinance. Additionally, the vendor must comply with all other regulations. and ordinances of the City, including health rules and regulations. Viola- tion of this ordinance shall be considered a misdemeanor punishable in the Municipal Court by a fine up to $200 per day per violation. The City Manager, Deputy City Manager, Assistant City Manager or the Director of the Park and Recreation Department is authorized to issue permits on behalf of the City to any person or group of persons regarding the use of any city park or beach or any city street, sidewalk, or other property within 500 feet of said park or beach for vending purposes. The Director of Park and Recreation Department shall administer all such permits and shall report the issuance of any such permit to the Park and Recreation Board. The number of vendor permits that may be granted may be limited by the available space and no such permits shall interfere with the safe and orderly operation of any city park or beach or any city SEP ?7!Qa4 16438 street, sidewalk or other property within 500 feet thereof. Such permits shall be granted to vendors, taking into consideration but not limited to the following criteria: A. Determination if such vending is of benefit to the commu- nity, considering the effect that this use will have upon normal utilization of city property and upon the -physical condition of said property. Any conflicts with other uses or the physical property itself will be evaluated and changes initiated to correct the problem or_preserve the area. B. Insuring that the rights of the public will not be abridged by the vendor's- presence and use of public property. C. Determination as to the appropriateness of the sales result- - ing from the issuance of said vendor's -permit, conditions -- of these sales, prices established or proposed, and adver- tising relating to the vending. D. Determination of the accountability of the vendor and of his ability to conduct the -intended vending on or in any park or beach, city street, sidewalk or other property within 500 feet thereof with the resources at his disposal_and without reflecting unfavorably on either himself or the City. The City Manager, Deputy City Manager, Assistant City Manager -or - the Director of the Park and Recreation Department is further authorized to refuse the issuance of or revoke any permit granted pursuant to this ordinance whenever the permittee fails to comply with any of the -terms, conditions and obligations imposed by the permit. The aforementioned - officials shall determine that vendor permits issued conform with -all existing ordinances, that satisfactory liability insurance is carried by the vendor naming the City as a co-insured, and that there has been no assignment of any permit. The City Manager, Deputy City Manager, Assistant City Manager or the Director of the Park and Recreation shall have the authority to issue park use permits to vendors utilizing the Park Use Permit and Fee Charge attachment as shown on Exhibit 'A', attached hereto and made a part hereof." -2- SECTION 2. That Section 19-33. Sidewalk or street sales-, be amended to delete the words "easily contaminated by dust, dirt or flies" after the words "similar food products" and before the words "along or upon any public street," and by adding the following wording at the end of the present provi- sions: "unless a permit has been granted pursuant to some ordinance specifi- cally authorizing such a permit," said Section 19 -33 -to -hereafter- read as - follows: "Section 19-33. Sidewalk of street sales. It shall be unlawful for any person to peddle, sell or offer for sale ice cream, sherbet; -flavored ices, lemonade, drinks served by the -glass, hot tamales, enchiladas, red hots, wieners, sausages, hamburgers, fish, sandwiches or any similar food products along or upon any public street, sidewalk, alley or other public place in the city, unless a permit has been granted pursuant to some ordinance specifically authorizing such a- permit." SECTION 3. That Section 19-46:" Peddlers'"_ vehicles, etc., -be — amended to delete the words "on the streets of" after the words "merchandise -- of any description" and before the words "the city, without first -having obtained a permit," and adding the word "in" before the words "the -city, without - first having obtained a permit," said Section 19-46 to hereafter read -as follows: -_ "Section 19-46. Peddlers' vehicles, etc. All wagons, vehicles and carts used for -peddling food -in -any-form and all the contentsthereof shall always be kept in a wholesomeandsanitary condition, and no person owning, using or driving such wagon or vehicle or peddling food in any form afoot shall permit the same to contain any unwhole- some, fermenting or decaying fruit, vegetables or other food or food products. The contents of each such wagon, vehicle or other container shall be securely covered and protected from flies, insects and dirt by clean and sound wire screens of not less than fourteen (14) mesh to the inch or by some other means approved by the health officer. All such food and vegetable peddlers by wagon or otherwise shall not sell any merchandise of any description in the city, without first having obtained a permit as required by the various pro- visions of this Code and other ordinances of the city, pertaining to the particular type of commodity sought to be peddled." SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, _. phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, Clause, word, phrase or provision hereof be given full force and effect -for its pur- pose. . PARK USE PERMIT - • KNOW ALL MIN BY THESE PRESENT: • Thar• -this Use Permit, made and entered into this the iday of 1981,_A.11, by_ and -:between -the Park and Recreation Department—of -the City of--- . Corpus Christi, Texas, hereinafter referred to as "PARKS" and • representing • hereinafter called 'RISER". S WHEREAS, User has requested use of - .selling ATM -over during' the specifically - • MEINIH DATES I . That Parks hereby grants to said User the use of several parks Tor the purpose as set forth. Use permission to'be granted subject to the terms set forth in this permit= • _ • II • User shall pay the City an initial fee of • in advance based • • - upon items sold and the fee•schedule on -attachment II 1. III - Security requirements will be borne by the User. In User's use and enjoyment of described area,. User will indemnify and save harmless the City of Corpus Christi from any neglect or misconduct on the_ part of the User; his agents, servants, employees.,_ and -assigns, .and shall in - every way hold the City harmless from same. . V It is further understood and agreed that User_shall-not place, paint or: otherwise affix any signs at, on or about. the property, -or any part thereof.__ -VI Parks retains the right at any' time to cancel any such use privilege -- agreement. B'here cancellations of -fee paid, or deposit_paid organizational fimc-t - tions-occur-idiich- are -caused -by -inclement weather -or- a -disaster--,-said deposit_ or -- fee shall be returned. VII It is further understood•and agreed that failure of the User to comply_ with any of the terms herein provided shall be authority for the City, or its. agents, at the City's option, to cancel this Use Permit. In the -event any legal action is undertaken by the City to collect •for any damages growing -out -of this Use Permit, or to in any way enforce the provisions of the Use Permit, recovery shall be added to cover the expense of such legal action, in addition to any court costs...User will incur no debts or obligations on the credit of the City of Corpus Christi, Texas. VIII The •User -shall -be -responsible -to-the-City-for =the •foiivwing: • ; A. Compliance with all City health regulations and ordinances of the City of Corpus Christi as they affect the User operation. User has to bear the expenses of meeting all health regulations. - WITNESS OUR HANDS in duplicate this the 2nd day of July, 1981. ---Witness Director, -PARK RECREATION DEPT. "A" Corpus•,Christi, Texas •- t - . FEE CHARGE GUIDE I. Food and Drink Sandwiches Soft Drinks Package Goods Bbt Hamburgers Lemonade Dogs otato Chips Pizzaac Chili Dogs Cokes _ Nachos oss Orange Juice - Doritos Sandwiches 'Etc. Etc.. Etc. Candies • Frozen. Refreshments Gum Snow Cone -Chocolate Bars Ice Cream Bar Peanut Bars Ice Cream -- Hard Candy Slushie • - Popsicles - Frozen Yogurt - Dry foods--- - Personal- Items Entertainment_ Items- Lot- -Balloons - Sun Glasses Airplanes- Combs- .-Stick•and-Monkey-Kites - Clothing. -Rental Items - T -Shirts - -Folding Chairs Hats- Floats Sandals .Umbrellas Blankets - _ II. Food and Drink Up to 5 items - $25/mo. Over 5 items - $50/mo. Dry Goods Up to 5 items - $25/mo. Over 5 items - $50/mo. That the foregoing ordinance was read for the first time ,and passed to its second reading on this the /j day of , 190/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the -foregoing -ordinance was read for thf second time art passed to its - third reading on this the �9 day of , 19Y/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert.L: Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky That the foregoing ordinance was ea s for the third time and passed finally on this the day of � , 19 d6/ , by the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky PASSED AND APPROVED, this the ,..29 day of ATTEST: ii: ty Secretary APPRO ID: /S DAY OF ,198f: J. BRUCE AYCOCK, CITY 7\TTORNEY tdnt City Attoyhe. MAYOR THE CITY OF CORPUS CHRISTI, TEXAS 16438 MOTION 82E7 -r 7-URn/E2moved and /-i-1Kf3latet- l-0}14/«inv5 seconded the motion that the ordinance read on July 15, 1981, on the first of three readings, and the second of three readings on July 23, 1981, pro- posing to amend the Vendor's Permit Ordinance, be amended prior to its third reading as follows: A. Add a subparagraph regarding fees to be paid the City for Vendor Park Use Permits, said subparagraph to be part of Section 2-110, by deleting the last paragraph dealing with financial arrangements and by inserting the following: "The City Manager, Deputy City Manager, Assistant City Manager or the Director of the Park and Recreation shall have the authority to issue park use permits to vendors utilizing the Park Use Permit and Fee Charge attachment as shown on Exhibit 'A', attached hereto and made a part hereof." PASSED PUBLISHER'S AFFIDAVIT STATE OF TEXAS, lss: County of Nueces. J1 V.279463 CITY OF C.C. iw5e Before me, the undersigned, a Notary Public, this day personally came .......... BILLIE J. HENDERSON who being first duly sworn, according to law, says that he is the ACCOUNTING CLERK of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi, Texas,, in said County and State, and that the publication of NOT CE__.OF PASSAGE FO ORDINANCE NO. 16438 ...... of which the annexed is a true copy, was published inLLER-TIMES 1 OthAUGUST 81 day N^^^ one ou the day of 19...., and once each thereafter consecutive daX one _.........Times. 13.94 BILLIE J. HENDERSON• Q Subscribed and sworn to before me this 11th day of AUGUST 19 81 .LOIS WINN 4_• _ ,•Notary Public, Nueces County, Texas OF ORD,INANCE;f 9•S' INO.A41p 6699' •FTN D1'1fG`{., T;