Planning Department
FLEA MARKET
OPERATOR APPLICATION
3295 Bob Rogers Drive
Eagle Pass, TX 78852
(830) 773-7781
(830) 773-7803 fax
www.eaglepasstx.us
Name of Flea Market _____________________________________________________
Address _______________________________________________________________
Contact Person _________________________________________________________
Phone ______________________
E-mail ___________________________________
Owner’s Name __________________________________________________________
Owner’s Address ___________________ City _____________ State _____ Zip ______
Phone ______________________
E-mail ___________________________________
_____________________________
Applicant’s Signature
SWORN AND SUBSCRIBED BEFORE ME THIS _______ DAY OF _____________, 20______.
________________________________
Notary Public STATE OF TEXAS
**NOTE:
“The license hereby applied for shall be subject to all provisions and regulations of this Code and other
ordinances of the City related to flea market operators.”
Office Use
DISPOSITION OF APPLICATION: Signatures indicate approval by departments
1. Zoning ___________________________________
Date ______________
2. Building __________________________________
Date ______________
3. Water Works (Sewer) _______________________
Date ______________
4. Fire Prevention _____________________________
Date ______________
5. Public Works (Garbage) ______________________
Date ______________
Date of Application ____________
Date Paid ____________
New
Renewal
Receipt # ____________________
Flea Market Regulations
Section 19-112 License required. No flea market shall be operated within the city without a license obtained therefor, which license may be
produced by complying with the following provisions:
(1)
Application; information to be shown. An applicant for a license shall make request therefor in writing addressed to the city
planner which application shall contain the name, address and such other reasonable information as will identify such
applicant. In the case of a partnership, limited liability company, corporation or other such firm, the application shall list the
names and addresses of each individual member, partner, or shareholder of the entity.
(2)
Application to contain provision relative to compliance with ordinances. Such application shall contain the following words:
"The license hereby applied for shall be subject to all provisions and regulations of this Code and other ordinances of the city
related to flea market operators."
(3)
License fees. The annual license fee for licenses under this section shall be twenty-five dollars ($25.00), paid in advance.
(4)
Application to be signed and sworn to. Such application shall be signed and sworn to by the person applying therefor before
some officer authorized by law to administer oaths.
(5)
Issuance of license. Each application shall be presented to the planning director who shall issue a license to the applicant
upon compliance of the applicant with the terms of this article.
Sec. 19-113. - License to be available for inspection. Every flea market operator while engaged in the pursuit of his/her business, shall
have posted in public view and available for inspection at all times, his/her license to be engaged in such business.
Sec. 19-114. - Limitations to license. A license issued under this article shall not entitle the holder thereof to engage in the sale of used
merchandise but shall only authorize the holder to operate a flea market. However, this does not foreclose the holder from obtaining the proper
license and permit to engage in selling used merchandise.
Sec. 19-115. - Copy of regulations to be furnished to every person who is allowed to display merchandise for sale. Every flea market
operator shall furnish a copy of the regulations contained within this article to every person who is allowed to display merchandise for sale
within such flea market. If the operator fails to comply with this provision, his/her license may be suspended.
Sec. 19-116. - Merchandise subject to inspection. All merchandise on the premises of a flea market shall be subject to inspection at all
times by city police officers and/or any member of the code enforcement division of the city.
Sec. 19-117. - Prohibited merchandise. No merchandise shall be displayed for sale at any flea market if the manufacturer's seal,
identification number or brand has been removed or obliterated.
Sec. 19-118. - Hours of business regulated. It shall be unlawful for any person to engage in the operation of a flea market between the
hours of 6:00 p.m. and 6:00 a.m.
Sec. 19-119. - Violators barred from displaying merchandise. In addition to other penalties provided herein, any person violating any
provisions of this article shall be barred from displaying any merchandise at any flea market in the city.
Sec. 19-120. - State sales tax permit and collection required. To the extent required by State law, each flea market operator and
merchandise vendor:
(1)
Shall have a state sales tax permit; and
(2)
Shall be responsible for collecting the appropriate sales taxes and reporting those taxes to the appropriate authorities.
Sec. 19-121. – Flea markets to be located in a commercial zoning district.
zoning district and/or classification.
All flea markets in the city shall be located in a commercial
Sec. 19-122. - Operator responsibility. The flea market operator shall insure that all flea markets:
(1)
Have access to an arterial street;
(2)
Have adequate off-street parking that meets the planning and zoning ordinance requirements of the city;
(3)
Have adequate sanitary (restrooms) facilities for men and women;
(4)
Have adequate on-site garbage and/or trash collection containers;
(5)
Sales are made from booths and tables and not directly from motor vehicles and/or the ground floor; and
(6)
Have reasonable and adequate fire prevention and protection equipment on-site.
Sec. 19-123. - Construction and development plan required. All flea markets in the city shall submit a construction and development plan
detailing the zoning district, sales area and booth arrangement, parking area, fire prevention and protection equipment, fire lanes, sanitary
facilities, garbage and/or trash collection containers and abutting properties zoning district.
SAMPLE