§ 16.17. Temporary sales and special events.  

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  • 1.

    Fundraising sales by nonprofit groups or organizations.


    The intent of this subsection shall be to permit the sale of goods and commodities at a fixed location and may include the use of a structure or parcel of land for such sales by nonprofiting institutions such as churches, schools, and fraternal societies, where such sales are clearly incidental to the primary function of such institutions and the use of the premises where such sale is conducted [is] with or as a special event and for a specified time period.


    Outdoor promotional sale, special events sales, and the sale of seasonal or temporary goods and commodities, except food items by commercial establishments and private vendors.


    The building inspector may issue a temporary use permit for the sale of certain goods and commodities which are strictly of a temporary nature, provided the following conditions and requirements are met:


    Such sales shall not be permitted on any public street rights-of-way except in the central business district (CBD).


    The sales period for seasonal or temporary goods, such as Christmas trees, shall not exceed 30 days; promotional sales such as characterized by the so-called "midnight madness," "truck sale," "tent sale," or "sidewalk sale," shall not exceed 72 hours; and special event sales such as may be permitted in conjunction with a parade, festival or other such event shall not exceed the specific period approved for such event. Not more than one temporary use permit shall be issued in any given three-month period for seasonal type sales, and not more than one temporary use permit shall be issued in any given 60-day period of time for promotional type sales.


    Application for a permit under the provisions herein shall be examined and approved by the appropriate departments of the City of Palestine to insure protection of the public health, safety, and general welfare. In addition to normal concerns of each such department, particular attention shall be given to traffic flow and control, auto and pedestrian safety, and the effect which such use and activity will have on surrounding uses, particularly where the adjoining use is residential.




    Any decision of the building inspector or other administrative official with reference to the provisions of this subsection may be appealed to the zoning board of adjustment and appeals in the manner prescribed by ordinance of the City of Palestine.


    Garage sales. Garage sales are permitted under the following conditions:


    Such sales shall not be conducted longer than 96 hours or four days in length;


    Such sales may only be conducted at any one location (address) once every three months.


    Mobile food vendors. Mobile food vendors, mobile food units, mobile food hot trucks and mobile food pushcarts are defined in section 3.3 use definitions of this ordinance. Mobile food units and mobile food pushcarts may only operate in zoning districts permitted in the table of permitted uses of this ordinance.


    Mobile food unit operational requirements.


    Mobile food units are subject to the health code requirements for temporary food service establishments as specified in chapter 58, health and sanitation of the Code of Ordinances.


    The operating permit for each mobile food unit shall be good for thirty (30) days. Upon expiration of said permit, the mobile unit must vacate the premises. The same mobile food vendor may not reapply for another permit for the same location until after 90 days have passed after the expiration date of the original permit;


    The serving location of a mobile food unit shall be on private property where an existing, permanent business operates in a building with an unexpired certificate of occupancy;


    The serving location of a mobile food unit will not be allowed to have detached awnings, tables or chairs at the serving location.


    No more than one mobile food unit is allowed to operate on property that is less than 10,000 square feet in size. One additional mobile food unit may be located on a parcel for each additional 10,000 square feet of area. The maximum number of mobile food units allowed to operate on a single parcel of land is limited to three.


    Mobile food pushcarts may not stop in any one location for a period of more than 30 minutes to sell food items.


    Mobile food vendors may operate only during the business hours of the primary business on the property;


    The operator shall possess a Texas State Sales Tax Number.


    Mobile food units must park on improved surfaces as defined in chapter 40 development, article XI, off-street parking requirements;


    A drive-thru is not permitted in conjunction with the mobile food unit;


    Mobile food units shall not be parked in driveways, fire lanes or on public roads. A mobile food unit may be located in an off-street parking space(s) as long as the minimum amount of off-street parking in conjunction with the primary business is maintained.


    A mobile food unit shall not obstruct the view of traffic from any adjacent streets or obstruct the visibility of patrons entering and exiting the property on which the mobile food unit is located.


    Employees working in the mobile food unit shall have access to restroom facilities that are located on the same property where the mobile food unit will be operating.


    Mobile hot truck operational requirements.


    Mobile hot trucks are subject to the operational requirements as listed above for mobile food units with the following exceptions and additional requirements:


    A mobile hot truck must obtain an operating permit and necessary health permits prior to operation within the city. The permits shall be good for one year.


    A mobile hot truck shall secure the permission of all property owners where the unit will be conducting business.


    Employees working in the mobile hot truck shall have access to hand washing facilities; however, the unit is not required to provide restrooms.


    A mobile food truck may operate on any property zoned other than residential and must not stay in one location in excess of three (3) hours.


    Push cart vendor operational requirements.


    Push cart vendors are not subject to the operational requirements as listed above for mobile food units or mobile hot trucks with the exception that mobile push cart vendors may not stop at any location for more than 30 minutes.


    Pushcart vendors are not required to obtain any operating permits with the exception of a health permit which is valid for one year.


    Required application and permit. Mobile food units, mobile food hot trucks and push cart vendors shall provide the following prior to the issuance of a health permit and or operating permit:


    Mobile food units:

    ♦ Name and address of the mobile food vendor.

    ♦ A copy of written permission from the property owner of where the mobile food unit will be located. The letter shall include the following; A signed and notarized written statement from the owner or owner's agent, including the name, address and telephone number of the property owner or authorized agent, granting permission for operation of the mobile food unit at the proposed location along with permission for the operators of the mobile food unit to use the on-site restroom facilities.

    ♦ A site plan showing the location of the primary building, location of the mobile food unit, driveways serving the property and location of off-street parking.

    ♦ Verification of approval of a health permit at the time the permit is approved.


    Mobile food hot trucks:

    ♦ Name and address of the operator of the mobile food hot truck.

    ♦ Proof of unexpired health permit.


    Push cart vendor:

    ♦ Proof of unexpired health permit.


    Health and sanitation requirements. All activities associated with mobile food vendors shall meet all requirements of food handlers and temporary food establishments as specified in chapter 58, health and sanitation, article 2, food and food establishments.


    Exemptions. The location requirements and permitting requirements of this section shall not apply to any food vendor participating in any city sanctioned or non-profit events. However, mobile food vendors shall meet all health and sanitation requirements.

(Ord. No. O-30-12, § II(Exh. A), 8-13-2012; Ord. No. O-34-12, § III(Exh. A), 9-10-2012)