Business Occupations Ordinance
Article 1. Solicitors
Section 4-1. Registration: permit.
All solicitors who solicit business or residential in the City limits of the City of White Deer, Texas, shall be required to register first with the City Office furnishing the City Office with the solicitor’s name, address, and business, and also the name and address of the firm or corporation which he represents. The City Marshal shall perform a background check of the individual seeking the permit and upon approval of the background check, at the discretion of the City Marshal, a permit may be issued. A fee listed on the official fee schedule per person and a deposit listed on the official fee schedule shall be charged, with the deposit being refundable if done so within (48) hours from the time the permit is issued. Otherwise the deposit will be forfeited. Soliciting hours will be from 8:00 am through 6:00 pm. The permit will remain in effect for the calendar year in which it was issued. Exemptions to this fee are City of White Deer organizations and White Deer Independent School District organizations.
Section 4-2. Penalty
The failure to comply with the terms of this article by any person, persons or company is a Class C misdemeanor offense and each day that such failure or refusal is continued is a separate offense. Upon conviction of such offense, the person, persons or company so convicted shall be fined an amount not to exceed the maximum amounts as established by State Law.
CHAPTER 4. BUSINESS OCCUPATIONS
ARTICLE 2. MOBILE FOOD VENDORS
§ 4-1. Definitions.
Fixed business location. A location within the city, which complies with the zoning code [ordinance] of the city and is located or situated on or in a facility that complies with the building code of the city, is listed on the city property tax roll, and which is occupied by the same business for thirty (30) consecutive days or more. A residential address may constitute a fixed business location even though the actual business operations are conducted elsewhere.
Food vendor. Any vendor that offers food for human consumption that does not meet the definition of fixed business location.
Mobile cart food vendor. Any vendor that sells, distributes or offers for sale any item for human consumption from a unit, cart, vehicle or trailer that is capable of moving or being moved from place-to-place and is not motorized.
Mobile food vendor. Any vendor that sells, distributes or offers for sale any food or item for human consumption on a public right-of-way from a self-propelled vehicle that is typically registered by the Texas Department of Motor Vehicles.
Temporary food vendor. Any vendor that sells, distributes or offers for sale any food or item for human consumption from a structure, vehicle or trailer that is capable of moving or being moved from place-to-place.
§ 4-2. Permit.
(a) Fees. Fees as included in the fee schedule in appendix A of this code are to defray the city’s costs of processing the application and compliance monitoring. This fee is non-refundable, unless the permit is denied.
(b) Required. Permit shall include the following:
(1) The name, permanent street address, mailing address and telephone number of the principal owner of the business, and local supervisor if different from owner. If an assumed name is used for the principal owner of the business, then the above-described information shall be provided for the chief executive officer.
(2) The principal occupation of the business and the identity of food items to be sold oroffered for sale.
a. No person may engage in, conduct, or operate as a Mobile Food Vendor without a valid daily, monthly or annual permit issued to such person(s) by the City of White Deer. A permit may only cover one (1) unit.
b. Permits issued under this section are not transferable to any other owner or operator.
(3) The state sales tax permit number.
(4) If the business is to be conducted on premises owned by a person other than the City of White Deer, TX § 4.02 § 4.02 business to be licensed, then the application shall contain the name, address and telephone number of the property owner and show that the applicant has the express written permission of the owner of the premises to conduct business at such location.
(c) Display of permit and issuance of receipts. A license issued hereunder shall be displayed
conspicuously at the primary location of any food vendor and shall be produced for inspection upon request.
(d) Operating hours. A temporary food vendor or mobile food vendor, licensed or permitted hereunder shall limit its operations to a period of time between 6:00 a.m. and 9:00 p.m.
§ 4-3. Temporary food vendors.
Temporary food vendors shall comply at all times with the following:
(1) Not operate at any time in city residential zones. Operations may be conducted in commercial zones.
(2) Hold and produce or display upon request, a current and valid mobile food vendor permit issued by the city.
(3) Provide sufficient off-street parking for employees and customers.
(4) Have the business name and telephone number affixed to two sides of the mobile unit or vehicle in a minimum of three inch (2") [sic] high lettering.
(5) Regularly display a complete menu in a location accessible to the public.
(6) Not use a beacon or strobe light nor sound amplification equipment to advertise products or services.
§ 4-4. Mobile food vendors.
Mobile food vendors shall comply at all times with the following:
(1) Hold and produce or display upon request, a current and valid mobile food vendor permit issued by the city.
(2) May operate in all city zoning ordinance zones, subject to the provisions of this section.
(3) Not park, stop, or remain stationary on any street for more than fifteen (15) minutes at any one time.
(4) Be equipped and display lettering that states: WATCH FOR CHILDREN and/or STOP City of White Deer, TX
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FOR CHILDREN in five inch (5") or more lettering in contrasting colors on at least two sides of the unit or vehicle.
(5) Not sell, distribute, or offer for sale any products or services within two (2) city blocks (six hundred feet – 600'), whichever is greater, of the grounds of any public, private, parochial, elementary or secondary school, between the hours of 11:00 o’clock a.m. and 4:30 o’clock p.m. on days when school is in session.
(6) Be equipped with safety features including mirrors and hazard lights which shall be in good operating condition and shall be used by said vendor. Mobile food vendors may not use sound amplification equipment in accordance with the city noise ordinances.
(7) Not operate in city parks during activities sponsored by local governmental, charitable or nonprofit organizations without the written permission of the city.
(8) Not operate on any street within 300' of a city park during periods when governmental, charitable or nonprofit organizations are operating in said park and selling concessions as part of their sponsored activities.
§ 4-5. Mobile food carts.
Mobile food carts shall comply at all times with the following:
(1) Hold and produce or display upon request, a current and valid mobile food vendor permit issued by the city.
(2) Have their business name, owner, and phone number prominently displayed on the outside of the unit in 2" minimum height letters.
(3) Be permitted to operate on city streets in all zones provided the vendor does not remain stationary for more than 15 minutes and does not impede the normal flow of traffic.
(4) Not operate outside the hours of 6:00 a.m. to 9:00 p.m.
(5) Not sell, distribute, or offer for sale, any products or services within two (2) city blocks or six hundred (600) feet, whichever is less, of the grounds of any public, private, parochial, elementary or secondary school between the hours of 11:00 a.m. and 4:30 p.m. on days when school is in session.
(6) Be permitted to use sound amplification equipment in conformance with city noise ordinances.
(7) Not operate in city parks during activities sponsored by local governmental, charitable or nonprofit organizations without the permission of such organization(s).
(8) Not operate on any street within 300' of a city park during periods when governmental, charitable or nonprofit organizations are operating in said park and selling concessions as part of their sponsored activities.
§ 4-6. Compliance with federal, state and local laws.
Every food vendor shall at all times comply with all applicable federal, state and local laws.
City of White Deer, TX
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