§ 10-82. Certificate of occupancy required.

(a)

Open air vending shall not be allowed within any commercial or industrial district without obtaining a certificate of occupancy for such vending from the building official.

(b)

The building official shall issue such certificate of occupancy if he finds that:

(1)

Such vending will not endanger the health, safety or general welfare of the public and specifically in this regard, that such vending will not unreasonably increase congestion upon the public roadways in and about such vending location so as to endanger the safety of drivers and pedestrians; and

(2)

The vendor applicant shall be in compliance with all other ordinances and laws applicable to such commercial activity, and have obtained all other necessary permits.

(3)

Open air vendors are allowed to obtain two (2) certificates of occupancy (CO) per calendar year. Each CO can be purchased for one hundred dollars ($100.00). Each CO will be for seven (7) consecutive calendar days, with the date of issuance counting as day 1 and will end at 5:00 p.m. on day 7. There must be at least forty-five (45) calendar days between sales periods, except for perishable produce (fruits and vegetables).

(4)

Hours of operation for open air vendors shall be from 9:00 a.m. to 5:00 p.m. for the dates listed on the permit.

(5)

Open air vending shall only be allowed on open lots (those with no existing structures) in commercial or industrial zoning districts. Open air vending shall at no time be allowed in a planned development district. Lots meeting these requirements are allowed to be used for open air vending purposes only twice per any calendar year.

(6)

An applicant for an open air vendor permit and certificate of occupancy must comply with the following:

a.

Complete and sign an "application for open air vendor permit" in the name of the company or individual as it appears on the Texas Sales and Use Tax Permit.

b.

Submit a letter from the property owner of record (per city tax rolls) authorizing the vendor to operate on the property.

c.

Submit a copy of the vendors Texas Sales and Use Tax Permit.

d.

Post for viewing by the general public the open air vendor permit issued by the City of Ennis.

e.

Must verify by document that a sales tax report assigning the City of Ennis, Texas as the recipient of sales tax funds for the previous sales period (if applicable) was actually filed with the state comptrollers office.

(c)

An applicant shall have the right to appeal an adverse decision of the building official to the zoning board of adjustment.

(Ord. No. 85-6-8, § 15-200, 7-1-85; Ord. No. 92-5-4, §§ III, IV, 6-1-92; Ord. No. 02-11-1, §§ I—IV, 11-18-02)