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HomeMy WebLinkAbout18788 ORD - 04/09/1985AN ORDINANCE AMENDING CHAPTER 38, PEDDLERS, SOLICITORS AND ITINERANT VENDORS, OF THE CODE OF ORDINANCES UF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR THE PERMITTING, REGISTRATION AND REGULATION OF VENDORS, PEDDLERS, ITINERANT MERCHANTS AND COMMERCIAL SOLICITORS, PROVIDING FOR THE AMENDMENT OR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 That Chapter 38 Peddlers Solicitors and Itinerant Vendors, of the Cade of Ordinances of the City of Corpus Christi, Texas, be a:MT hereby amended by repealing Article I thereof and substituting therefor a new Article I which shall hereafter be and read as follows: Chapter 38, VENDORS, PEDDLERS, ITINERANT MERCHANTS AND SOLICITORS Article I. Vendors, Peddlers, Itinerant Merchants and Commercial Solicitors Sec. 38-1. Purpose and Findings (a) The City Council of the City of Corpus Christi, Texas makes the following findings: (I) Vendors, Peddlers, Commercial Solicitors and Itinerant Merchants engage to legitimate and honorable commercial activities which enhance theenof the consuming public and pronate an cactiveand healthy economic environment. (2) The nature and characteristics of such commercial cial activities require the reasonable regulation ofthe time, manner and place of such activities (3) The streets, sidewalks and other public ways and recreational areas are primarily to promote the smooth flow of vehicular and pedestrian traffic and public leisure activities (4) The s a onable regulations enacted hereby do not prohibitor inhibit free expression of religious, political or other ideas and beliefs, but regulate commercial activities and conduct for the below expressed public purposes. lsn BMICROFILMED (5) The regulations herein applicable to interstate commerce transactions are not overburdensome but are relymeasures which are necessary to protect the public health, safety and welfare, and it is the definite intent of this Council to promote. preserve and protect free enterprise and interstate commerce. (b) The purpose of this Article shall he to accomplish the following objectives through the reasonable regulation of vendors, peddlers, itinerant merchants and co cial solicitors in and upon public streets, sldewall s, parks, beaches and other recreational areas and of outdoor and transient commercial activities Sec (a) apply: (1) Protect the public health, safety and welfare and promote the use and enjoyment of public parks, beaches and other public recreation areas in an attractive environment. (2) Promote smooth and safe flow of vehicular and pedestrian traffic and avoid urban congestion (3) Enhance and protect the quality and attractiveness of the environment. (4) Protect the use and enjoyment of the people in their homes and private businesses. (5) Protect the public from fraudulent, illegal, unsafe or unhealthful commercial activities, products and servi nes. (6) Preserve the character and quality of residential, proreational, commercial and business areas and perty (7) Promote and enhance the quality of commercial activities within the City 38-2. Definitions and Construction As used in this Article the following definitions shall (1) Bayfront seawall shall mean the protective retaining wall ru ning along the shore of Carpus Christi By and along Shoreline Boulevard from Buford Street to the entrance ramp to the barge dock, including the sidewalk thereon (2) Business shall mean any marketing activity conducted for the sale or rental of goods or.er ices for private profit on any premises in this city. (3) City shall men the City of Corpus Christi, Texas, or where the context indicates, the City Manager or his designated representative or other authorized representative of the City. (4) Commercial solicitor shall mean any person without a permanent business establishment within the City who takes or offers to take orders for the future delivery of any goods or services by means of going upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof. (5) Itinerant tswithout permanent business establishment theCity who engages in a temporarybusiness of selling, offering for ale, renting o o ffering for rent any goods o services from a permanent, established structure. Temporary association with anestablished resident business or person shall not excuse any itinerant merchant from the terns of this article. (6) Peddler shall mean any person without a permanent business establishment w,thn the City who sells, offers for sale, rents or offers for rent any goods or services by means n of gag upon private premises from house to house or place to place, without the prior expressed request or consent of the owner or occupant thereof, and who makes delivery at ar near the time of any such transaction. (7) Permanent business establishment means building a part of a building or space within abuilding owned or occupied 000050 in the operation of an on-going commercial or Industrial enterprise which has been or is intended to be conducted for more than forty-five (45) days and for which use a Certificate of Occupancy has been issued by the City. (8) Person shall mean any individual, Finn, company, corporation, organization, partnership, association or other legal entity (9) Vending unit shall mean any vehicle. stand, cart, craft, or other equipment or device used by a vendor for the storage or display of goods for sale or rent or ,n the actual rendering of services. (10) Vendor shall mean any person who engages 1n the business of selling, offering for sale, renting or offering for rent and delivering from stock at or near the time of sale or rental any goods or es from any vehicle, cart, stand, or other equipment ar device or from his person, from, in or upon any public street, article. alley, sidewalk, park, beach or any other public way or premises or from, to or upon any private premises, and outside a permanent, established structure (b) The following rules of construction shall apply to this (1) The tern "shall" is mandatory. The term "may" 1s discretionary. (2) The singular shall include the plural and the plural shall include the singular where indicated by the context. (3) The masculine gender shall include the feminine and the feminine gender shall include the masculine. Sec. 38-3 Applicability. affirmative defenses This article shall not apply to the following persons, businesses or conduct or under the following conditions, provided, however, that it shall not be necessary in the prosecution of any violation of this Article to negative anyof such exceptions orexemptions herein expressed. but the pleading and proof of the same shall be an affirmative defense in any such prosecution: (1) Persons or operations from the City Secretary las nctharitablle solicitors cate of registration tthe provisions of Article 11, Solicitations for Charitable purposes of this Chapter (2) Auctions or auctioneers licensed under the provisions of Chapter 8 of this Code. (3) Persons or operations permitted at or upon the premises o property of the Corpus Christi International Airport under the authority and provisions of Chapter 9 of this Code. (4) Newspaper vending machines upon any sidewalk or sidewalk along any arterial o collector street, provided, however, that such newspaper v ending machine operations shall comply with the following (a) No such vending machine shall be located in such a way as to create a safety hazard or impediment to pedestrian or vehicular traffic. (b) No suchvending intersection llbe located within twenty feet g (c) Such nd, ng machines shall be o fined to an ar extending no mare than two feet (2') iota any s, dewalk walkway. 1 (0) Such vending machine venders shall notify in advance the record owner of adjoining property of the placement of any such vending machine. (e) (0) Such vendors shall at all time keep the area of every such vending machine free of litter and trash. Such vending machines shall be maintained in first class working condition and shall be kept currently stocked with publications (9) Such vending machines shall be free from all advertising except that which identifies the publication (h) Such vendors shall, prior to installation, submit to the City Building Division proof of adequacy of wind design capacity of the anchoring system for each such vending machine to show that such system is consistent with the hurricane precautions required by the Corpus Christi Building Code. By placement of any such vending machine, the v ndor agrees to hold harmless the City of Carpus Christi, Texas from any and all claims or causes f action for damages whatsoever which might arise either solely or to part from placement of such vending machine, and an indemnity agreement shall be executed between such vendor as indemnitor and the City as indemnitee to effectuate such agree ment. Every such vendor shall maintain on file inthe City Secretary's Office a certificate of insurance evidencing public liability in the amount f million dollars (91, n 000,000 00) naming the City of Corpus Christi, Texas, as an additional i ured and providing that no cancellation of such policy of indemnity Insurance shall be effective without prior written notice stothe City. Every such vendor shall maintain an agent in Carpus Christi, Texas who may be reached at a listed telephone number during normal business hours to receive and handle complaints and respond to inquiries. The name, address and local telephone number of such agent shall be filed with the office of the City Secretary. (5) Ordinary commercial travelers orsalesmen, transacting business only at wholesale or with dealers in such goods or to goods or s for use in other manufacturing or commercial purposes. (6) Sales conducted pursuant to Statute or by order of any court. ()) (a) (7) Persons or transactions associated with bona fide trade shows, exhibits, expositions or ventions where all transactions of purchase, sale orexchange a made i connection with such trade showexhibit, exposition a convention and within the confines of the said trade show. exhibit, exposition or convention situs. (8) Individual, o eo time only sales of personal property items sold by the nowner thereof at his private residence or business. (9) Garage sales, which for purposes of this article shall mean and include all general sales, open to the public, conducted from or on a residential premise for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage", "lawn", "yard", "attic", "porch", "room", "backyard", "patio", or "rummage" sale, of which n e than three (3) are held at or by any o residence and/or family household during any calendar year, each of such sales being limited in time to noa than three (3) consecutive days or two (2) consecutiveweekends (Saturday and Sunday). Sales of the type, but ines of the number or duration provided for herein, are business operations outside the intent of this exemption. (10) Temporary promotional events held in connection with a permanent established business as authorized in the Corpus Christi Zoning Code. (11) Organized community and festival events held by authority of agreements or special permits issued by the City Council a held upon public premises or to or pan public parks o beaches under the auspices or sponsorship or within the regular administration of the Parks and Recreation Department of the City. (By way of example and not limitation: Buccaneer Days, Bayfest, Feria Hispanica and Corpus Christi Beach Party). (12) Sidewalk sales held by adioining or abutting businesses and otherwise in compliance with the provisions of the Code of Ordinances of the City of Carpus Christi, Texas. (13) Authorized contractualoncessiona permitted upon City proprietary premises by agreement,lease o contract with the City duly authorized by the City Councils (14) Delivery services of permanent established businesses in the City; including industrial catering services providing regular food delivery for employees of industry, business and construction sites, and which operate on site and by agreement with or invitation of such industries or businesses. (15) Lemonade stands and the like conducted and operated entirely by children under the age of sixteen and upon the private residential premises of such children Sec. 38-4 Permit Required Na person shall engage in the business of selling, offering for sale, renting or offering for rent any goods or services as a vendor, peddler, commercial solicitor or itinerant merchant within the City of Corpus Christi without first obtaining a permit therefor in accordance with the teens and provisions of this Article. Sec. 38-5. Permit Application, filing No permit required by this Article shall be issued except upon a sworn application duly filed with the City Manager orsuch Permit Officer as he may designate to administer the provisions of this Article Sec. 38-6. Permit application, information required Every application for a permit required by this Chapter shall contain the following• (1) copy of anssname assumed n of the certificate applicantand/oriicateif acorporate , rtified rate other lega organization charter ofa record, together with proof of the individual's authority to act in behalf of such entity. (2) The business address and phone number of the applicant. who will b(3) Thad in the businesses and phone n mbar of arp• individuals engage operations in the Lity. (4) A description of the type of goods or services to be offered for sale or rental. (5) A description of the proposed location of the business for which the permit application is filed, including proposed routes for mobile street vendors, which shall show compliance with all site regulations of this Article. (6) The license number of any rotor vehicle to be used in the operation of the business in the City. displaying ) photographAn rd (orication together card with no laaddditional photograph identification card, such as a current driver's license, to be used with the identification card required hereby) for each individual representative f the applicant who will be engaged in the business for which application for a permit is made. The identification card required hereby shall contain the name of the individual representative, the permanent residence address of the individual representative, the local address and phone number, if any, of the individual representative, and the name and address of the applicant as shown on the application for a permit. conducts business from purposes of this Article, every individual who applicant is representative of such applicant whether acting as employee, agent, independent contractor, franchisee o otherwise for other business purposes, and the applicant shall for all purposes under this Article be responsible for compliance with this Article by every such individual representative (8) A description and photograph or drawing with construction plans and specifications of any vending unit to be used in the business for which the permit application is filed. (9) Proof of a general comprehensive business liability insurance policy, issued by an insurance company authorized to do business in the State of Texas, protecting and indemnifying the applicant and the City from all claims for damages to property and for bodily Injury, including death, which may arise from operations under or in connection with the requested permit. Such Insurance shall name the City as additional insured, shall provide that notermination or cancellation will be effective without prior written notice to the City, and shall provide liability protection in the following minimum amounts: one hundred thousand dollars (9100,000) per person and three hundred thousand dollars ($300,000) per occurrence for bodily injury and fifty thousand dollars ($50,000) per occurrence for property damage. An Indemnity agreement protecting and ndemnifying the City against all such claims may be substituted for the Insurance ce policy herein required in the ca a of Parade Vendor permits valid onlyr for such parade event and Issued under the provisions of Section 38-17(8) of this Article. (wiith all of of ther appte licablles Tax e state andfederal q cements and compliance ph requirements for the particular business for which a permit Is requested Sec. 38-7. Health Permits required for food and beverages businesses No permit authorized to be issued under this Article shall be sed to any person for the purpose ofselling offering for sale any food or beverage unless the applicant shallhave first obtained all health permits, certificates and inspections required by the City Health Code for the particular type of business for which the permit is requested. Sec. 38-8. Bond required for Peddlers, Commercial Sollc1tors and Itinerant Merchants In Emergencies (a) Upon the declaration of a state of emergency or of a disaster 1n the City, as authorized in this Cade, every permit issued under this Article for a Peddler, Commercial Solicitor or Itinerant Merchant to engage in the selling, renting or offering for sale or rent any goods o services used or useful to any co nection with such emergency or disaster relief shall beimmediately suspended. The permitting officer is hereby authorized to determine whether each particular permit issued by him Is within the class of permits suspended and Is further authorized to reinstate suspended permits upon compliance by the permittee with the bonding requirements herein. Applicants for new or renewal permits during the period f the a rgency or disaster shall be subject to the said bonding requirements the same as suspended permittees. (b) Prior to the issuance orr renewal o reinstatement of any permit under this Article for a PeddlerCommercial Solicitor or Itinerant Merchant, under the conditions of subsection (a), the applicant therefor shall provide a bond in the sum of not less than twice the maximum amount of any single transaction, as determined by the permitting officer; payable to the City for the use and benefit of any person aggrieved by the failure of such Peddler, Commercial Solicitor or Itinerant Merchant to fully comply with the conditions thereof. Said bond shall be executed by the applicant, s principal, with a good and sufficient surety upon which service of process may be made in the State of Texas, and shall be conditioned that the principal shall comply fully with all of the provisions of the ordinances of the City and the Statutes of the State of Texas and conditioned further that the principal will pay all damages growing out of the violation of any such ordinance or statute or the wrongful, fraudulent or illegal conduct of said principaloarising out of any misrepresentation or deception practiced o any person transacting business with such principal, his agents or employees, either at the time of such transaction or through any advertisement or representation prior to or after such transaction. Such bond shall be further conditioned that n payment under such bond shall reduce the liability of the principal and surety under the bond for damages related to any separate violation a transaction. The bond shall remain to full force and effect for the duration of the permit authorized under this Article and for two years thereafter. Action on the bond may be brought in the name of the City to the use and benefit of the aggrieved person. Sec. 38-9. Permits, Duration and Fees (a) Except as otherwise provided in this Article, permits granted under this Article shall be issued in thirty day increments with a maximum period of validity of ninety (90) days. lb) The fee for a thirty (30)day permit under increment. Article shall be twenty-five dollars ($25) per (c) An annual permit may be issued to a year-round business in lieu of the permit provided for to subsection (a) above, and the fee for such annual permit shall be two hundred seventy-five dollars ($275). (d) Each vending unit and each distinct location of an itinerant merchant business shall be separately permitted. each individual As a condition of each permit issu d u der this Article, al engaged in the permitted business shall be provided with a separate Identification Card which shall be valid for the duration of the permit in connection with which it is required. Each such identification card shall be provided by the applicant as required under Sec. 38-6(7) and shall, upon Issuance of the permit, have placed upon it the stamp of approval of the 710019ting officer Sec. 38-10. Permits, Renewal Permits ,sued under this Article may be renewed by filing a written request therefor which shall correct and update any information required in the original application as necessary to accurately reflect current facts and information. Such re ewai requests shall be accompanied bythe required fees and shall be processed as in the case of original permit applications. Sec. 38-11. Permits, Not Transferable No permit issued under this Article shall be transferable or assignable. Sec. 38.12 Permits, Issuance (a) Within five (5) working days of the receipt of a completed application for a permit under this Article, the permit officer shall issue the requested permit or shall notify the applicant, in writing, of the denial of such permit and the reason for the denial (b) Every permit issued under this Article shall state the number of the permit, the dates of issue and expiration, the type of business authorized and the goods or ervices to be offered, the amount of the permit fee paid, the location where said business may be carried on under the permit, the name of the business and the names of the individuals authorized to conduct the actual business operations. Sec. 38.13 Permits. Denial or Revocation (a)Any permit may be denied or revoked for any of the following causes. (1) Fraud ormisrepresentation contained in the application for the permit. (2) Fraud ormisrepresentation made in the course of carrying onthe permitted business. (3) Conduct of any business required to be permitted under this Article in violation of any of the terms of this Article or of any ordinance of the City of Corpus Christi, Texas. (b) Notice of any such denial or revocation of a permit shall be given in writing, setting forth specifically the grounds of such denial or revocation. Such notice shall be sufficient if personally delivered o mailed, postage prepaid. to the Permittee at the business address given on his application for said permit and shall be effective immediately upon personal delivery or n the second business day following the date of mailing of such notice Sec 38-14. Appeal Any person aggrieved by the decision of the permit officer i regard to the denial of an application for a permit under this Article or in connection with the revocation of a permit under this Article shall have the right to appeal to the City Council of the City of Carpus Christi, Texas. Such appeal shall be taken by filing with the Council within seven (7) days after the effective date of the notice of the denial revocation, a written statement setting forth the grounds for the appeal• The Council shall set the time and place of a hearing on such appeal, which time shall be not more than (10) ten days after the filing of the appeal, and notice of such hearing shall be given to the appellant in the s manner s provided for notice of a denial o and at least three n (3)days prior to the date set for the hearing. The order of the Council on such appeal shall be final. Sec. 38-15. Commercial Solicitors Engaged in Interstate Commerce, Certificate of Registration in Lieu of Permit (a) No Commercial Solicitor engaged solely in the business of taking orders for future delivery of goods or services through the channels of interstate commerce shall be required to post a bond or be issued permit under the terms of this Article, provided, however, that no such solicitor shall engage in such activities without first filing with the City an application containing the information required by paragraphs 1 through 7 and 10 of Section 38.5 of this Article and obtaining a Certificate of Registration as herein provided. (8) Upon the filing of the required application, each such solicitor shat) be issued a Certificate of Registration upon payment of fee of five dollars (85) therefor, and each individual engaged in such solicitation in the City shall have an Identification Card approved a provided for in Sec. 38-9(d) of this Article. No person shall engage in such solicitations without the required identity card. under (c) Certificates hallbe f Registration s forperiod of te an iIdentification Cards issued shall be displayed to any person so requesting ninety (90)days Sec. 38-16 Vendors, General Regulations All vendors permitted under the provisions of this Article shall comply with the following rules and regulations which shall be conditions of the permits (1) A11 vendor premises and surrounding area shall be kept clean and free of trash and litter. A trash receptacle shall be available upon or within seventy-five feet (75.) of every vending unit Every vendor issued a permit under the provisions of this Chapter shall, within five days of such issuance, certify in writing that he has obtained training or information on litter and waste handling from Keep America Beautiful, Inc. or some other approved organization operating an educational program to reduce litter in the City. (2) No vendor shall conduct his vending operation except between the hours of 7:00 a.m. and 12:00 midnight, and no vending u it shall ren an the premises except during such period of operations. (3) Vendor signage shall be restricted to vending units and service vehicles with no extension of signs beyond vehicle or vending unit edges. Signs shall be limited to the Vendor's name and a listing of goods and services available and their prices and shall comply with the zoning regulations relating to signage for the zoning district in which the vending unit is operated. (4) A11 permits shall be prominently displayed and plainly visible within or upon the vending unit. identification Cards shall be displayed to any person so requesting (5) Vending of food or beverages in glass containers 1s prohibited. (6) All vendor premises must be vacated and vending units removed from the premises during Condition 3 and higher hurricane alerts. (7) No vending unit or service vehicle used therewith shall be left unattended o any public street, alley, sidewalk or other public way nor upon any public grounds, park, beach or other public premises. (8) Vending units shall be freestanding and no item related to the vending operation shall be allowed to lean against o hang from or otherwise be attached to any structure except the vending unit. (9) Vending units shall be constructed and maintained in professional, workmanlike manner with quality materials and units which are rusted, tattered, worn or otherwise in disrepair are strictly prohibited. Sec. 38-17 Sidewalk Vendors, special regulations No permit shall be issued to any vendor to operate his business and n vendor shall vend upon any public sidewalk in the City except as follows. (a) Vendors shall be permitted to operate on the Bayfront Seawall sidewalk, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this Article. (1) The maximum size of vending units shall be three feet (3') 1n width by four feet (4') in length, excluding movable parts and pushbars. Overall size shall not exceed six feet (6') in length nor four feet (4) in width. (2) Vendors shall confine their vending units and activities on the seawall sidewalk to the area immediately adjacent to the waterside 5ewall curb (the side of the nit nearest such curb shall be kept within two feet (2') of such curb). Vending is prohibited on or from streets, the bayfront landmass and connecting sidewalks, the seawall steps, the barge dock and parking areas. (3) Mobile vending units shall remain mobile except to stop and vend and for reasonable rest periods during which no vending occurs (4) No type of vendor service vehicle shall be parked along Shoreline Boulevard next to the seawall except for the time necessary to load or unload inventory or a vending unit. (5) Vending is prohibited within seventy-five feet (75') of another vendor, within three hundred feet (300') of any permanent contractual concession; within twenty-five feet (25') of any street intersection, within three hundred feet (300') of the designated grounds of anauthorized community festival event, and within fifty feet (50') of any building entrance. (b) No vendor shall cause any obstruction to the smooth flow of pedestrian or vehicular traffic and vendors shall yield the right-of-way to other traffic of any type. (7) Rental of motorized transport for use on the Bayfront Seawall sidewalk is prohibited. (8) Motorized vending units are prohibited. (9) No vendor shall use any type of sound amplification nor shall any vendor shout or make any other loud noises to attract the attention of pedestrians or motorists or otherwise harass or disturb persons. Distribution of commercial handbills, circulars or other advertising paaphernalia is prohibited (10) No vendor shall vend to persons in vehicles. (b) Vendors shall be permitted along parade routes during and for four hours prior to and one hour after any parade held under authority of a permit issued pursuant to the City Code, subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this Article. (1) Vendors shall comply with all pertinent restrictions and regulations applicable to sidewalk vendors under subsection 7 of this section (2) Parade Vendor permits shall be issued for the period specified in this section only and the fee therefor shall be ten dollars (810) for each vendor and/or vending unit, which fee shall be in lieu of the permit fee established for vendors in Section 38 9 of this Article (3) Vendors shall be restricted in their location to sidewalks and other public areas, except streets, immediately adjacent to and within 600 feet of the the parade route and to private premises immediately adjacent to and within 600 feet of parade routes. Such private premises shall be owed by the vendor or used by him with the expressed permission of the owner. Such permission shall be evidenced by written affidavit filed with the permitting officer prior to the issuance of a permit under this subsection. ADpltcations for Parade Vender permits must be completed and filed at least two days prior to the scheduled parade date. Sec. 38-18 Street Vendors, Special Regulations No permit shall be issued to any v dor to operate his business and no vendor shall vend upon or from any public street, alley or roadway except subject to the fallowing restrictions and regulations in addition to other conditions imposed upon vendors by this Article. (1) Vending units shall be street -approved motor vehicles duly licensed for operation upon public streets and roadways in accordance with the regulations of the Texas Department of Public Safety and Texas Department of Motor Vehicles. (2) No vending shall be conducted except upon residential streets as designated in the Corpus Christi Urban Transportation Plan and located to residential zones under the provisions of the Corpus Christi Zoning Ordinance. (4) (3) Vending units mist remain mobile except to stop and vend Vending from a moving vehicle is prohibited. (4) Vending within five hundred feet (500') of the grounds of any school, public or private, when the school is in session and for one-half hour prior to the start and one-half hour after the close of any session is prohibited. (5) Vending within five hundred feet (500') of any hospital is prohibited. (6) No vendor or vending unit shall restrict, obstruct or interfere with the access of any person to or from a private driveway or in any way create an obstruction to adequate access to property (7) Vending shall be conducted only during daylight hours (8) No vendor shall vend or stop, stand or park his vehicle within seventy-five feet (75') of any street intersection (9) Vending units shall be tapped diately adjacent (within 18") to curbs or street edges for conducting business. Double parking is prohibited. (10) Vending units shall be equipped with a caution sign that an be extended horizontally from the left side of the vehicle with letters not less than six inches in height spelling out the word CAUTION or SLOW and shall be further equipped with caution signs on the front and back alerting oncoming motorists that children may be crossing near the vehicle. The extendable caution arm mast be extended whenever the unit is stopped for vending. All equipment installed in or on any vending vehicle shall be secured so as to prevent movement during transit and detachment in the event of a collision or sudden movement orstop. Loose utensils shall be securely stored whenever the vehicle is moving (11) No vendor shall use any outcry, sound amplification device or other instrument which can beheard for a distance greater than five shall feet (S00!) to attract attention for vending nor any outcry, sound amplification device or other instrument for attracting attention be used in any place or at any time when vending is prohibited by this section. (12) Vending vehicles shall not exceed fifteen miles per hour in residential areas while engaged in seeking customers. (13) Vending to persons standing 1n the street is prohibited. (14) Vendors shall yield the right-of-way to all other types of traffic. Sec. 38-19. Park 8 Beach Vendors, Special Regulations No permit shall be issued to any vendor to operate his business and no vendor shall vend in or upon any public park or beach or, from or upon other public grounds in the City except as follows Vendors shall be permitted to operate in or upon public parks and beaches in the City, subject to the following restrictions and regulations in addition to other conditions Imposed upon vendors by this Article: (1) The Director of Parks and Recreation may establish Designated Vendor Sites for public parks and beaches within the City, taking into account the following factors (a) Primary use and users of the particular park or beach (b) Pedestrian and vehicle traffic flows and congestion (c) Parking facilities (d) Availability and location of permanent City contractual concessions and other permanent facilities (2) The Designated Vendor sites shall be assigned to conjunction with the issuance of any vendor permit under this Article to operate in or upon a public park or beach, on a first come -first served basis. Vendor sites may not be "reserved" in advance of permit i No vendor assigned to a Designated Vendor Site shall vend in or aanyotherlocation within the park or beach area except the assigned site. in accordance with theted onVendor iderati nsSites shall be established limited an size 1 and ofnumber thiis considerations in paragraph( ) section. (4) Mobile vending units shall be permitted upon the roadway portions of public beaches subject to all applicable provisions of Section 38.14 of this Article. (5) No mobile vending unit shall stop to vend in or otherwise obstruct the travelled portion of any public beach, which portion shall for purposes of this section be deemed a street. Vending units shall stop at least ten feet (10') from the said travelled portion for conducting business. Sec. 38-20. Private Premises Vendors, Special Regulations No permit shall be issued to any v ndor to operate his business and no vendor shall vend from or upon any private premises except subject to the following restrictions and regulations in addition to other conditions imposed upon vendors by this Article' (1) Vendors without a permanent address within the City shall be subject to the bonding requirements of Section 38-8 of this Article. (2) Vendors are prohibited except 1n areas allowing retail business in accordance with the Zoning Ordinance of the City. (3) Prior to the issuance or renewal of a permit under this Article, aorn affidavit of the owner of the premises proposed to be used by the vendor authorizing such use by the vendor, must be filed with the permit officer. (4) Prior to the issuance or renewal of a permit under this Article a valid Certificate of Occupancy for the premises proposed to be used by the vendor must be filed with the permit officer. (5) Vending units shall be set back from all street -front property lines and from all right-of-ways by a minimum of twenty (20) feet. (6) Vending units shall be a maximum of ten feet (10') by twenty feet (20'). (7) Restroom facilities which the vendor has written permission to use oust be available on the premises to be occupied by the vendor or within three hundred feet (3001 of the vending unit. Sec. 38-21. Special Contract Vendors Vending units or operations which are oversized, nonconforming or at variance with the particular provisions of any of the general or specific regulations herein applicable to vending units or vendors may be permitted by special contract subject to the approval of and such terms and conditions as may be imposed by the Parks 8 Recreation Board in the case of vendors in or upon public parks or beaches, the Marina Board in the case of vendors in or upon the bayfront seawall or the Marina, or the City Council in all other cases. Sec. 38-22. Peddlers, Commercial Solicitors and Itinerant Merchants, General Regulations All peddlers, commercial solicitors and Itinerant merchants, permitted under the provisions of this article shall comply with the following rules and regulations which shall be conditions of the permits. (1) No peddler or commercial solicitor shall conduct any such business except between the hours of 9.00 a.m. and 9:00 p.m. (2) No peddler, commercial solicitor or Itinerant merchant shall represent to any person that any Certificate of Registration, Permit or Identification Card issued under the provisions of this article in any manner constitutes an endorsement or approval by the City of Corpus Christi, Texas, of a product, good or service or of any particular person or business (3) Na peddler, solicitor or itinerant merchant shall make any false, fraudulent or misrepresentative statement regarding any goods or services or in any other manner misrepresent his business or purpose. (4) Every peddler, solicitor and itinerant merchant shall upon the request of any purchaser of goods or services from him, provide such purchaser with a written receipt signed by the said peddler, solicitor or itinerant merchant and setting forth a brief description of the goods or services, the total purchase or rental price thereof, the amount of cash payment, if any, and the balance due and terms of payment. (5) Every peddler, commercial solicitor and itinerant merchant shall prominently display any Certificate of Registration or permit issued under the provisions of this Article and shall, upon the request of any person, display any Identification Card issued under the provisions of this Article. (6) No peddler or commercial solicitor shall remain on any private premises or continue any effort to gain entry to a, private premises after being requested by the owner or lawful occupant thereof to depart. For purposes of this provision, any sign posted at the primary entrance to a private premises bearing the words "no peddlers", "no solicitors" or words of similar import, shall be deemed a request that any such peddler or solicitor depart the premises -17- Sec. 38-23. Duty of Police to Enforce It shall be the duty of the Police Department of the City of Corpus Christi, Texas to examine all places of business and persons subject to the provisions of this Article, to determine if this Article has been and is being complied with and to enforce the provisions of this Article against any person found to be violating the same Sec. 38-24. Violations (a) Violation of any provision of this Article shall constitute a class C misdemeanor Each violation of a separate provision and each day that a violation continues shall be a separate offense. (b) Conviction of an offense under this Article shall be punishable by a fine of not lessthan Fifty Dollars ($50.00) nor more than the maximum amount established by law, for each violation. SECTION 2. That Section 36.10, Vendin. Permits Required inor l and Near City iPer s and Beaches,Activities,of theof C Codeer 02 6OrdinanceseCfe the City of Corpus Christi,TTlexas, be and is of repealed and subsequent sections of said Chapter shall be and are hereby renumbered accordingly. SECTION 3 That Section 49.2, Obstructions Generally,of Chapter 49, Streets and Sidewalks of the Code of Ordinances of the Cty of Corpus Christi, Texas be and is hereby amended to read as follows Sec. 49-2. Obstructions Generally. Except as otherwise provided in this Code, no person shall place any sign, rack, can, keg, barrel, box. sunk or any character of container, property ar object or any obstruction whatsoever upon any sidewalk, street or alley of the City, ar permit the same to remain thereon. Nothing in this Section shall apply to the placing of any container upon any sidewalk that contains rubbish or trash for the purpose of being hauled off by the Sanitation Division. SECTION 4. That Section 49.5, Sale, etc. of Merchandise o Streets and Sidewalks, of Chapter 49 Streets and Sidewalks, of the Code of Ordinances of the City of Corpus Christi, Texas be and is hereby repealed and subsequent sections of said Chapter shall be and are hereby renumbered accordingly. SECTION 5. That Section 19.46, Mobile and Fixed -site Temporary Vendors, of Chapter 19, Food and Food kstablishments of the Code Ordinances of the City of Corpus Christi, Texas be and is hereby amended to read as follows: Sec 19-46 Mobile and Temporary Fixed -Site Food Establishments. (a) Peddler's vehicles, etc ; generally. All vehicles, carts, stands, craft and other devices used for peddling or vending food or beverages, and all the contents thereof shall always be kept i wholesome and sanitary condition, and no person owning, using or driving any such mobile or temporary fixed -site food establishment or vending or peddling food or beverage in any form afoot shall permit the same to contain any unwholesome, fermenting or decaying fruit, vegetables or other food or food products The contents of each such container shall be securely covered and protected from flies, insects and dirt byclean and sound yore of not less than fourteen (14) mesh to the inch or by some other means approved by the health officer No such food and beverage vendor or peddler shall sell or offer any merchandise of any description in the city, without first having obtained the permits as required by this Code and other ordinances of the City pertaining to the particular activity engaged in or type of commodity sought to be sold. (b) Permit. Before any person may operate any mobile or temporary fixed -site food establishment regulated hereby, such mobile or temporary fixed -site peddling or vending unit must be initially inspected by the HealthOfficer and a Health Permit applied for and granted for the operation of such vending unit Every operator of such a unit oust attend a 2 -hour food handler's class. The permit fee for a unit operating under this section is 850.00 which must be paid prior to issuance of the required permit Mobile and movable units shall be presented for such initial inspection at the Health Department. Water craft units shall be initially inspected an -site at the Corpus Christi Marina upon the request of the vendor. Fresh shrimp vendors and peddlers, standards In addition to other applicable health and sanitation provisions in this chapter, all vendors and peddlers of fresh shrimp from mobile or temporary fixed -site units shall comply with the following standards (1) Shrimp Supply: Shrimp shall be in sound condition, free fromspoilage, be safesth or for human other mpptioon.f contamination and shall (2) Shrimp Storage Shrimp shall obeu stored in a sanitized (using chlorine solution) container with sufficient effective insulation and ice or refrigerant to provide and maintain a product temperature of 45 deg. F., or below at all times except during the necessary sary periods of transfer to the customer. Ice shallbe obtained from an approved source. The container must be in sound condition and must remain in an enclosed area at (0) least eighteen inches (10") off the ground or as otherwise approved by the Health Officer. (3) Waste Disposal A holding tank of at least 5 gallon capacity must be provided for liquid waste. (The holding tank may be an ice chest used solely for this purpose). (4) Construction of Peddling or Vending Unit. The unit must be completely encosed The enclosed area may be screened or ered to prevent entry of flies. The interior surface must be in good condition, not rusty, with floors made of non-absorbent material. (5) Equipment s, Utensils The following equipment d utensils shall be required. at least one five (5) gallon container filled with water from an approved source to be used for handwashing, appropriately labelled, a container for holding fluid for sanitizing hands, appropriately labelled, single service towels; and o e spray bottle of acceptable sanitizing agent for e with scale. Alternative equipment and utensils may be permitted subject to the approval of the Health Officer. (0) Crab, Lobster, Crayfish; sold live. In addition to other applicable provisions in this section , peddlers and vendors of fresh crab, lobster, or crayfish shall keep, maintain, and sell such seafood alive. (e) Effect of Compliance. Compliance with the provisions of this section shall not be construed to authorize any activity in violation of any other ordinance of the City. (f) Penalty for Violation, Citation. Persons violating this section shall be subject to a fine of not lessthan $100.00 for each violation. In addition to any other action taken to correct improper handling of food, a health inspector, sanitarian, police officer or park or marina ranger may issue any personviolation ellingd and or beverages in to appear of this municipal court in answer to such charge su Thiss notice wshall provide a space thereon for the party charged to valve trial on the merits and enter a plea of guilty or nolo contendere. In the vent the party desires to enter a plea of not guilty, such person may obtain a trial setting from the clerk of the municipal court. Notwithstanding any other provision of this subsection, persons charged with violation may, after entering a plea of guilty or nolo contendere in the space provided, pay a fine in the amount of one hundred dollars ($100.00), for each such violation, to the clerk of the municipal court within ten days. Each occasion that a individual is found selling food o beveragesin violation of this section will constitute a separate offense. SECTION 6. That Section 12.47, Permission Required for Commercial Activity Generally, of Chapter 12, Boats Bays d Waterways, of the Code of Ordinances of the City of Corpus Christi, Texas be and is hereby amended to read as follows Section 12-47. Permits Required for Commercial Activity; Regulations. Except as otherwise provided to this Code, no person shall r solicit business o sell, rent or offer for sale orany ny goods o service whatsoever from, in oron the Corpus Christi marina or docks, except under the following terms and conditions: (1) The Marina Superintendent is authorized to issue written pertheCorChristi Marinaallowing me to co owners have as le''i pps g hesaeoffresh seafood; provided that no such permit shall be issued except under the following terms and conditions (a) The cost of such permit shall be Twe Hundred Dollars (2200) and the term shall be one year. (b) Such seafood can be sold only from the boat within the assigned slip or other location designated for the purpose by the Marina Superintendent. (c) Moliinythf the catch,n ci arming o a headingpermitted for (d) Sale of fresh seafood must comply with Federal, State and local laws, rules and regulations governing seafood r perishable co mmodity sales. Prior to the issuance of any permit under this section, the applicant therefor shall obtain a Health Perrot for such activity as provided in Chapter 19 of this Code (e) Prior to the issuance of any permit under this section, the applicant therefor shall file with the issuing officer, proof of a policy of public liability insurance for the benefit of the public. Such policy shall name the City as anadditional Insured and shall have provisions thereiwhereby nocancellation or termination of coverage shall be effective without prior written notice to the City and further provisions to protect the City in all respects from any claim which might be presented by reason of the operation of the business, related conditions of the Marina, or the condition of the property of the permittee. Such proof shall be evidenced by a certificate of insurance which (0) (0) shall be maintained an file with the City's copy of the permit. Saidns e is to have ane hundred thousand dollars ($100.000 00)coverage per person, three hundred thousand dollars (5300,000.00) for each occurrence of personal injury, and fifty thousand dollars 050,000.00) for each occurrence of property damage. In addition, the permittee agrees that in the vent any claim is presented by reason of the operation of the permittee's business, the related condition of the Marina, or the condition of the property of the permittee, then sand permittee agrees to save the City harmless against any such claims and defend the City in any lawsuit arising out of such claims. Any proposed improvements to the sales area ea to be made by the permittee aresubject to approval by the Marina Superintendent. The permittee shallremove any structures and/or improvements that the Marina superintendent deems unsafe and/or aesthetically nonconforming to prevalent or planned general appearance, style and decor of marina structures. The permittee shall have no power to sell ora ssign the r permit or privileges extended therein o any part thereof without the written consent of the Marina superintendent and any such sale or assignment without such written consent is void. (2) The Marina Superintendent is authorized to assign slips to commercial boat brokers wlthtn the Carpus Christi Marina allowing far the sale of boats and/or watercraft from each slip assigned, provided that such brokerage activity shall be subject to the following terns and conditions (a) Said brokerage slips shall be limited to five (5) slips per business for the sale of boats or other watercraft Each slip assigned shall be limited to one single craft ata time. (b) The slip rate for brokerage slips shall be established at one hundred forty percent (140%) of the standard pleasure craft rate. Electrical rates and tap water rates shall remain the same as that charged to the standard slip. Before conducting any business, and prior to the Issuance of any permit under this section, the applicant therefor shall file with the issuing officer, benf benefit of policy i hepblicof public Suchl policy shallility unameer the the City as an therein additional nonsured and cancellation all ar have terminationprovisions of coverage shall be effective without prior written notice to the City and further provisions to protect (c) (d) (e) the City in all respects from any claim which night be presented by reason of the operation of the business. related Ionsof the Marina, or the condition of the property of the permittee. Such proof shall be evidenced by a certificate of Insurance which shall be aintained on file with the City'scopyof the permit. Said In s to have two huer ndred thousand dollars tho0ssanndOr dollars coverage (800,000.00)er coverage for hfor undred each of personal injury and one ehundred thousand dollarsn (8100,000.00) coverage for peach occurrence of property damage. In addition, the broker agrees that 1n the event any claim is presented by reason of the operation of such business, the related condition of the marina, or the condition of the property of the broker, then said broker agrees to save the City harmless and indemnify the City against any such claims and defend the City In any lawsuit among out of such claims. Any proposed improvements to the sales area to be made by the broker are subject to approval by the Marina Superontendent. The broker shall remove any structures and/or improvements that the MarinaSuperintendent deems unsafe and/or aesthetically nonconforming to prevalent or planned general appearance, style and decor of marina structures. The broker shall have no power to sell or assogn the permit or privileges extended thereon or any part thereof without the written consent of the Marina superintendent and any such sale or assignment without such consent is void SECTION 7. That Article III, Itinerant Vendors, of Chapter 38, Peddlers, Solicitors and Itinerant Vendors of the Code of Ordinances of the City of Corpus Christi. Texas be and is hereby repealed yy SECTION B. That Article II, Solicitations for Charitable Cudeo oof the ts Ord Chapter38, thee Cotyr 04 SCorpus ors and Chnstl,tTexasn be Vendors,dIs hereby o finances o o an mended by renumbering section numbers in accordance with the numbering of the foregoing Article I of said Chapter. SEC01ON 9. That Chapter 41, Photog9raphers, f the Cade of Ordinances of the City of Corpus Christi, texas be nd Is hereby repealed. SECTION 10. If for anyany section, paragraph, subdivision. clause, phrase, ward, or provasIon 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 1s the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 11 This ordinance shall be published by publishing the caption thereof stating 1 nary the purpose of the ordinance in the official publication of the summary of Corpus Christi, Texas; and shall be effective as of and from the date of such publication That the foregoing rdinance,}+r5ad far t e trst time and PA�s'sed to Cts nd reading on this the d�-day of 19�, by the following vote: Luther Jones / Leo Guerrero Betty N. Turner / Dr. Charles W. Kennedy David Berlanga, Sr. / Joe McComb Welder Brown / : Frank Mendez Mary Pat 5lavik That the foregoing dinance, ead for th time and ,ssed to its thud reading an this the day of sec 19 by the following vote ////iiil ��// Luther Jones Leo Guerrero (�E4,w% Betty N. Turner Dr. Charles W. Kennedy David Berlanga, Sr. Joe McComb If Welder Brown Frank Mendez / Mary Pat 5lavik That the for g ordinance for the tyard time and passed finally on this the day of , lg2, by the following vote: Joe McComb Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the _1— day of 19 SI/ ATTEST. . 4 cretary MAYOR 0 (/ THE CITY OF CORPUS CHRISTI, TEXAS APPP.OVED: _ 0AY OF 19�: J. BRUCE A9COCir, CCIIITTY ATTORNEY BYAdi601i4 • ornery 111788 PUBLISHER'S AFFIDAVIT sCoTEyDPf TNc. a }.e IwO 4..4 it _ -- Before f m4 the undersigned, a Notary Public, Clue day personally _ MARGARET RAMAGE who being first duly swam, according b laM., • COMMUNITX.EELATIQU5. 5UPEEYZSOlbf the Carpus Chrutl Celle+ and The Com�E Daily Newspapers published at Corpus Christi, Texas m said County end State. and that the pubbcah n of NOTICE OF PAssAGE OF ORBINANCE yQ 1@1¢e AME1i4.SN�SHARTER of which the annexed is a true copy, was published in _.__• • car r ea -TIMER rURnSItINC.CO_-- au the 15th dry, of APrT' _.2fand owe each _a Y __ thereafter far Wig _ consecutive R _35 65 MARGARET RAMAGE Subxnbed end sworn to before me this EDNA ROSTER 11-30-88 to To MOTION moved and seconded the motion that the Ordinance amending Chapter 38 and related provisions of the City Code, providing for the permitting, registration and regulation of vendors, peddlers, itinerant merchants and commercial solicitors, being read for the first time on , and the .. second time an , be amended prior to the third reading as follows. SECTION 1: Section 38-2(5) - Omit "on private premises" at the end of the first sentence. Section 38-2(10)- Add ",and" between the words "private premises" and "outside a permanent, established structure." Section 38-3(14)- Add "including industrial catering services providing regular food delivery for employees of industry, business and construction sites, and which operate on-site and by agreement with or invitation of such industries or businesses". Section 38-6(9) - Add "An indemnity agreement protecting and indemnifying the City against all such claims may be substituted for the insurance policy herein required in the case of parade vendor permits valid only for such parade event and issued under the provisions of Section 38-17(b) of this Article." Section 38-9(b) - Substitute "twenty-five dollars ($25)" for seventy-five dollars ($75)". Section 38-9 - Add "(c) An annual permit may be issued to a year-round business in lieu of the permit provided for to subsection (a) above, and the fee for such annual permit shall be two hundred seventy-five dollars ($275)" and re -number subsequent subsections. Section 38-16(1)- Substitute "Keep America Beautiful, Inc." for "Clean Conmunity Systems, Inc." Section 38-16 and Section 38-17 - Move the following provisions from Section 38-17 to Section 38-16• Vending units shall be free-standing and no item - related to the vending operations shall be allowed to lean against or hang from or otherwise be attached to any structure except the vending unit. Vending units shall be constructed and maintained in a professional, workmanlike manner with quality materials and units which are rusted, tattered, worn otherwise in disrepair are strictly prohibited. Section 38-17(b)- Substitute "four hours" for .one hour" before the words "prior to" in the Introductory sentence of subsection (b). Section 38-17(b)(4)- Substitute "two" for "ten". Section 38-18(7)- Substitute the following sentence. "Vending shall be conducted only during daylight hours." Section 38-18(10)- Add "Vending units shall be equipped with a caution sign that can be extended horizontally from the left side of the vehicle with letters not less than six inches in height spelling out the word CAUTION or SLOW and shall be further equipped with caution signs on the front and back alerting oncoming motorists that children may be crossing near the vehicle. The extendable caution arm must be extended whenever the unit is stopped for vending." Section 38-18- Omit "or buildings" In the first introductory sentence of the section. Section 38-19(1)- Substitute "may" for "shall" Section 38-19(2)- Add "Vendor sites may not be 'reserved' in advance of permit issuance" after the first sentence. Section 38-20- Delete paragraph (2) and re -number subsequent paragraphs accordingly Section 38-20(5)(re-numbered to (4) above)- Omit "retail business use of" after the words "certificate of occupancy". SECTION 6• Section 12-47(1)- Substitute "fresh seafood" for "a current day's catch" in each appropriate location Section 12-47(1)(a)- Substitute "two hundred dollars ($200)" for one hundred dollars ($100)". PASSED