2023-015 - Amending Chapter 10 Article 10.05 Market Square Business Related FeesORDINANCE NO. 2023-015
AN ORDINANCE OF THE CITY OF PARIS, TEXAS, AMENDING CHAPTER 10,
ARTICLE 10.05, DIVISION 4, PART II, "MARKET SQUARE," OF THE CODE
OF ORDINANCES OF THE CITY OF PARIS, TEXAS RELATED TO THE USE OF
MARKET SQUARE; AMENDING APPENDIX A, ARTICLE A4.000, "BUSINESS
RELATED FEES;" PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING A
PENALTY CLAUSE; MAKING OTHER FINDINGS AND PROVISIONS
RELATED TO THE SUBJECT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Texas, desires to provide an
opportunity of the operation of a Farmers and Artisan Market within the City of Paris and
finds it to be in the public interest to amend the Code of Ordinances to establish rules of use
for the Market Square as here in defined; and
WHEREAS, guidelines are herein established for the use of Market Square for the
operations of the Paris Farmer and Artisan Market which are hereby adopted by ordinance,
and may be amended from time to time by the Market Square Manager.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS, THAT:
Section 1. That the findings set forth in the preamble of this Ordinance are hereby
in all things approved.
Section 2. That current Chapter 10, Article 10.05, Division 4, Part II, "Market
Square," shall be and is hereby amended to read as follows:
"Part II
Market Square
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1.0„0 „151 Definitions:
For purposes of this Part, the following words and phrases shall have the following
meanings:
Farmers market: A designated location used for a recurring event at which a
majority of the vendors are farmers or other food producers who sell food directly
to consumers. A farmers' market must include at least two vendors who meet the
definition of "farmer" as defined in paragraph (2) of this section and may include
vendors who meet the definition of "food producer" as defined in paragraph (4) of
this section. In addition, a farmers' market may include vendors who are not
"farmers" or "food producers," provided that "farmers" and "food producers"
constitute the majority of vendors who participate in the market throughout the
year.
Farmer: A person or entity that produces agricultural products including, but not
limited to, fruits, vegetables, fungi, grains, fiber, honey, dairy products, meat,
poultry, or eggs, by practice of the agricultural arts upon land that the person or
entity owns, rents, leases, or to which the person or entity otherwise has access.
Farmers Market and Artisan Vendor is a person who is licensed to:
(1) Offers or sells food typically known as "farm grown", "farm originating", or "farm
obtained" such as whole produce, plants, nuts, certain meats, honey, egg, and
pasteurized dairy products;
(2) Offers or sells product typically known as "handmade" and originating from a
trade or occupation of the sort requiring skill and training, particularly manual
skill combined with a knowledge of the principles of the art;
(3) Offers or sells prepared food for off -premises consumption in compliance with all
applicable federal, state, and local laws and regulations; and/or
(4) Conducts a performance at no charge to the general public, including performing
arts such as dance, music, opera, theatre and musical theatre, magic, illusion,
mime, spoken word, puppetry, and circus arts; or
(5) Free information, products, or services from an entity that has received a
determination letter from the Internal Revenue Service stating that the
organization has been determined to be an exempt organization pursuant
to 26 U.S.C. § 501(c)(3) (i.e. §501(c)(3) of the Internal Revenue Code of 1984),
which determination letter has not been revoked.
Food producer: A person who grew, raised, processed, prepared, manufactured, or
otherwise added value to the food product the person is selling. The term does not
include a person who only packaged or repackaged a food product.
Market Square: City of Paris: Block 177, embraced in the territory bounded on the
south by the north boundary line of Sherman Street, on the west by the east boundary
line of Second Street S.W., on the north by the sound boundary line of Austin Street,
and on the east by the west boundary line of First Street S.W., within corporate limits
of the city, is hereby designated the Market Square.
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Market Square Manager: City Manager or Designee.
Mobile Food Unit (Food truck): An operational motor vehicle and/or enclosed trailer
from which food and associated non-alcoholic beverages are prepared, served
and/or sold on public or private property for a period of time which exceeds 60
minutes or two instances of 30 minutes each day. This definition shall also apply to
any seating, garbage and/or recycling containers, restrooms, gear or equipment
that is associated with the food truck's operation. Division 4. 5.07.092, Paris Code
of Ordinances.
Paris Farmers and Artisan Market: a designated location used primarily for the
distribution and /or sale directly to consumer of food, handmade/artisan goods,
and processed and/or pre-packaged foods meant to be consumed on or off premise,
with proper business license.
Special Event: An occurrence which takes place on a periodic or special occasion,
wholly or partly on the city's rights-of-way, public property or private property,
which may cause interruption of regular activities of the citizens when the needs of
traffic, parking, restrooms, crowds, zoning, etc. exceed the original design and intent
of the site or location or may require the special attention and involvement of city
personnel or facilities. Examples of such activities are, but not limited to, nonprofit
fundraising events, tent sales, parking lot sales, political rallies, amusement rides,
parades, disc jockey other than at a permitted dance hall, carnivals, marathon, 5k,
walk-a-thon, festival closing of a public street, blocking or restriction of public
property where otherwise may be prohibited by this Code or any other code
adopted by the city,
§ 10.05.151 Supervision.
The use of the Market Square for the purposes provided in this part shall be under
the supervision and control of the Market Square Manager and hereby authorized to
direct the assignment of vendor spaces, parking of vehicles in such manner as will
avoid confusion and congestion of traffic, and afford reasonable means of access by
the public and emergency vehicles.
§ 10.05.152 Authorized Use.
The Market Square is hereby dedicated to the use as a Farmers and Artisan Market
and may be used for Special Events as are provided in this part or which may
hereafter be provided for by the city council. This section shall not be construed to
limit or otherwise restrict the use of the Market Square property for other purposes
by the city, as such purposes shall be designated by the city council, including the
construction and use of recreational projects as the city shall designate.
§ 10.05.153 Farmers and Artisan Market License.
(a) No person or organization are permitted to sell at the Market Square until first
having obtained a Farmers and Artisan Market vendor's license as approved by the
Market Square Manager or a Special Event Permit.
(b) All Farmers and Artisan Market business license applicants shall attach copies of
all certifications and business licenses required by the state and local health
departments when submitting the application for the Farmers Market and Artisan
vendor's license.
(c) The Market Square Manager shall be authorized to determine the completeness of
each Farmer and Artisan Market vendor's license application and to issue a vendor's
license based on said application.
(d) The Market Square Manager shall be authorized to revoke a Farmers and Artisan
Market vendor's license upon a determination that the vendor has failed to comply
with the provisions of the vendor's license and the guidelines set forth by the city
which may from time to time be amended.
(e) Vendors may appeal the determination of the Market Square Manager to deny or
revoke a vendor's license by contacting the office of the City Manager. The City
Manager's determination of such an appeal is final. Vending at Farmers and Artisan
Market is a privilege and not a right.
§ 10.04.154 Guidelines.
The Department of Planning and Community Development shall have the authority
to adopt guidelines for the use of the Farmers and Artisans Market, which the
Department may from time to time amend."
Section 3. Appendix A, Article A4.000, "Business Fees," shall be amended to add
§A4.011, Farmers and Artisan Market Vendor's License Fees," to read as follows:
"§ A4.011 Farmers and Artisan Market Vendor's License Fees.
(a) Daily Fee:, $15.00.
(b) Monthl ..Egg $35.00.
(c) SeasonFee six„months,_Re ular Mn,._M,arket:. $180.00.
(d) Mobile Food Units:
L One Day: $25.00.
ii. Two Consecutive Days: $45.00.”
Section 4. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall
remain in full force and effect.
Section S. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section
or provisions of any ordinance at the time of passage of this ordinance.
Section 6. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 7. That any person violating any provision of this ordinance shall be guilty
of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with
provisions of Sec. 1.01.009 of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above -enumerated sections shall constitute and be
deemed a separate offense.
Section 8. This ordinance shall become effective from and after its passage and
publication as required by law.
PASSED AND ADOPTED on this 27th day of March, 2023, by the City Council of the
City of Paris, in regular session, following notice and publication as required by law.
Paula Portugal, Mayor
ATTEST:
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ice Ellis, City Clerk
TO FORM:
. Harris, City Attorney