DIVISION 1. - GENERALLY

Centro de Artes del Mercado is all of that property owned by the city bounded on the north by West Commerce Street, on the west by an alley running north and south, on the south by Produce Row and bounded on the east by Santa Rosa Street.

Director is the director of the parks and recreation department or his authorized representative.

El Mercado is all of that property owned by the city housing specialty shops bounded on the north by West Commerce Street, on the east by an alley running north and south between Produce Row and West Commerce Street, on the south by Produce Row, and bounded on the west by San Saba Street.

Farmer is any person who sells or offers for sale farm products actually raised, grown or produced by him on land owned or leased by him, or some member of his immediate family.

Farmers Market Plaza is all of that property owned by the city bounded on the north by West Commerce Street, on the east by San Saba Street, on the south by Dolorosa Street, and on the west by the expressway east boundary line. All references in this Code or in Chapter 32 previously referring to the "Farmers Market" are changed to read the "Farmers Market Plaza."

Fiesta Room is the air conditioned, separate area on the west end of the El Mercado building to be utilized as designated by the director or manager.

Load is that amount of produce which is contained in one (1) vehicle at the time it enters the Farmers Market.

Mall areas are all city-owned properties within Market Square not specially referred to as the Farmers Market, El Mercado or Centro de Artes del Mercado referred to as Mariachi Mall, Madero Mall and Hidalgo Mall.

Manager is the Market Square Manager or his authorized representative.

Market Square is that area of the city bounded on the north by West Commerce Street, on the west by the expressway east boundary line, on the south by Dolorosa Street, and on the east by Santa Rosa Street.

Permanent stall is a separately identified area on the inside of the Farmers Market building which is available for annual lease from the city.

Produce merchant is any person who sells or offers for sale any farm products which were not raised, grown or produced by him on land owned or leased by him or some member of his immediately family.

Shop is a designated leased premises in the El Mercado which is used solely for the business to be conducted by the tenant, as provided in Article I of Attachment 1, a copy of which is on file and available for public inspection in the office of the city clerk.

Stall is any marked or unmarked area, part or portion of the Farmers Market which may be designated by the director as places to be used on a daily basis for parking, standing or stopping any vehicle for the purpose of selling, offering or exposing for sale, delivering, transferring, loading, unloading or displaying of produce or other merchandise.

Vehicle is every device in or upon, or by which any person or property is or may be transported or drawn upon a highway, including devices moved by human power.

(Code 1959, § 21-1; Ord. No. 50570, § 2, 3-29-79; Ord. No. 66913, § 1, 4-7-88; Ord. No. 79223, § 1, 11-23-93; Ord. No. 84164, § 1, 5-23-96)

Sec. 32-17. - Designation of Market Square as tourist trade center.

Market Square, having met the legal definition for designation, as a tourist trade center, is hereby officially designated and recognized as tourist trade center No. 1.

(Code 1959, § 21-1.1; Ord. No. 51602, § 1, 12-13-79)

Sec. 32-18. - Parks and recreation department; director, duties.

(a)

The parks and recreation department shall be responsible for administering the policies, plans and actions required for effective operation of all activities in the Market Square complex.

(b)

The Director of the Parks and Recreation Department shall have general supervision over the city owned part of Market Square. The director, the Market Square Manager and their employees are hereby vested with all power necessary to require compliance with this chapter, the rules and regulations promulgated hereunder, and the orderly regulation of traffic and parking on Market Square and on all streets, thoroughfares, malls and on all other public property; and it shall be the duty of the director, the Market Square Manager and their employees to enforce strict compliance with all provisions of this chapter affecting and regulating business in Market

Square.

(Code 1959, § 21-2; Ord. No. 50570, § 2, 3-29-79; Ord. No. 84164, § 2, 5-23-96)

Sec. 32-19. - Contracts for leased space.

(a)

The city manager or his designated representative is hereby authorized to enter into contracts not to exceed a term of six (6) years for designated city-owned property at Market Square, except as noted in (3) and (4) below.

(1)

Three (3) days for special activities in the plaza areas or the Centro de Artes del Mercado, or as directed by the city manager.

(2)

On a daily basis for temproary vending in the plaza areas.

(3)

Four-year leases for all tenants in the 1993 completed renovation of the Farmers Market Plaza leasing in-line shop, specialty truck, or food court space.

(4)

For all tenants licensing kiosks and push carts in the Farmers Market Plaza the license term will not exceed a one-year period.

(b)

Copies of leases for purposes authorized in this chapter are attached hereto as Attachments 1-4, which are incorporated herein by reference.

(c)

The following rental rate schedule for El Mercado, the Farmers Market Plaza, and Other Designated Areas in the Market Square complex is established as follows:

El Mercado:
Retail Space	$1.00 psf per month, First Year
	$1.15 psf per month, Second Year
	$1.25 psf per month, Third Year
	$1.25 psf per month plus CPI, Fourth, Fifth and Sixth Year
Retail Space in Common Area	$1.35 psf per month, with $0.05 annual increments
Garbage Assessment Fee:	$0.015 psf per month
Utilities (Water, Gas, and Electricity)	To be pro-rated among tenants
Extra Display Space	$0.30 psf per month
Common Area Encroachment Fee	$250.00 daily
Late Payment Penalties	$20.00 late charge on payments not made by 11th day when due
	Ten percent (10%) per annum interest penalty on payments not made within 30 days
Farmers Market Plaza:
In-Line Stores and Food Court	$1.35 psf per month, Year 1
	$1.35 psf per month, Year 2
	$1.35 psf per month, Year 3
	$1.38 psf per month, Year 4
	$1.40 psf per month, Year 5
	$1.41 psf per month, Year 6
	$1.42 psf per month, Year 7
	$1.45 psf per month, Year 8
Garbage Assessment Fee	$0.025 psf per month
Utilities (In-Line Stores) (water, gas, electricity)	To be pro-rated among tenants, based upon square footage leased, of 50% of the total utilities services provided by the city to the leased premises
Utilities (Food Court)	Tenants shall be metered and billed for water separately
Kiosks	$300 per month
Garbage/Utilities	$25.00 per month
Push Carts	$250 per month
Garbage/Utilities	$15.00 per month
Late Payment Penalties	$20.00 late charge on payments not made by 11^th day when due
	Ten percent (10%) per annum interest penalty on payments not made within 30 days
Common Area Encroachment Fee	$250.00 daily
Storage Space Fees	$0.25 psf, per month
Outdoor Display Space for Private Sector:
Merchandise Display Space Designated in Plaza Areas	$0.40 psf per month, First Year
	$0.45 psf per month, Second Year
	$0.50 psf per month, Third Year
	$0.50 psf per month, plus CPI, Fourth, Fifth and Sixth Year
Late Payment Penalties	$20.00 late charge on payments not made on 11th day when due
	Ten percent (10%) per annum interest penalty on payments not made within 30 days
Private Sector Garbage Assessment and Common Area Maintenance Fee	$0.06 psf per month
Common Area Encroachment Fee	$250.00 Daily
Outdoor Sidewalk Space for Dining Used by Restaurants:
	$0.40 psf per month, First Year
	$0.45 psf per month, Second Year
	$0.50 psf per month, Third Year
	$0.50 psf per month, plus CPI, Fourth, Fifth and Sixth Years
Late Payment Penalties	$20.00 late charge on payments not made by 11th day when due
	Ten percent (10%) per annum interest penalty on payments not made within 30 days
Restaurant on city-owned property:
Restaurant Interior	$1.25 psf per month, or 6% of gross receipts, whichever is greater, First, Second and Third Year
	$1.25 psf per month, plus CPI, or 6% of gross receipts, whichever is greater, Fourth, Fifth and Sixth Year
Outdoor Sidewalk Space	$0.40 psf per month, First Year
	$0.45 psf per month, Second Year
	$0.50 psf per month, Third Year
	$0.50 psf per month, plus CPI, Fourth, Fifth and Sixth Year
Utilities (Water, Gas, and Electricity)	Reimbursement from applicable meters
Late Payment Penalties	$20.00 late charge on payments not made on 11th day when due
	Ten percent (10%) per annum interest penalty on payments not made within 30 days

(Code 1959, § 21-3; Ord. No. 50570, § 2, 3-29-79; Ord. No. 70253, § 1, 9-14-89; Ord. No. 74293, §§ 1—4, 9-12-91; Ord. No. 78722, §§ 1, 2, 9-15-93; Ord. No. 79223, §§ 2—4, 11-23-93; Ord. No. 94566, §§ 1, 2, 9-20-01)

Sec. 32-20. - Initial and future rates.

Initially, all contracts executed under authority of this chapter shall be at rates to phase in the established fair market rate over a three year period. Future adjustment of the lease rates will be annually in accordance with the consumer price index (CPI) after market rates have been reached. A market analysis will be conducted every five (5) years to determine additional future rates.

(Code 1959, § 21-4; Ord. No. 50570, § 2, 3-29-79; Ord. No. 74293, § 5, 9-12-91)

Sec. 32-21. - Fee collections.

The director is hereby authorized to collect fees, daily or monthly, for all space rented in the Market Square complex. It shall also be the duty of the director to collect fees for the delivery of produce to the Farmers Market, as shown on Exhibits A—B [incorporated herein by reference].

(Code 1959, § 21-5; Ord. No. 50570, § 2, 3-29-79)

Sec. 32-22. - Hours of operation.

(a)

The director is authorized to establish the opening and closing hours of any and all operations within Market Square and Farmers Market Plaza.

(b)

Failure of tenants and lessees to maintain stated minimum operating hours shall result in the following penalties:

First offense	Written warning
Second offense	Twenty-five dollar ($25.00) fine
Third offense	Fifty dollar ($50.00) fine
Fourth offense	Five hundred dollar ($500.00) fine
Fifth offense	Default declared and cause for termination of lease and/or license established

(Code 1959, § 21-6; Ord. No. 50570, § 2, 3-29-79; Ord. No. 94566, § 3, 9-20-01)

Sec. 32-23. - Right reserved to refuse rentals.

(a)

The director shall have the right to refuse to rent any area of the Market Square complex to any person guilty of willful violations of the rules and regulations promulgated under this division.

(b)

No tenant may own or operate more than two (2) stores within the Market Square complex, to include any combination of pushcarts, kiosks, in-line stores, food court stalls and specialty trucks. Kiosks in their entirety constitute two (2) individual retail stores.

(Code 1959, § 21-7; Ord. No. 50570, § 2, 3-29-79; Ord. No. 94566, § 4, 9-20-01)

Sec. 32-24. - Special activities—Authority to develop rules.

The director is specifically authorized to develop, implement and enforce all necessary and proper rules for the conduct of special activities in Market Square.

(Code 1959, § 21-8; Ord. No. 50570, § 2, 3-29-79)

Sec. 32-25. - Same—Prohibited on holidays.

There will be no scheduling of special events on the following holidays:

(1)

Thanksgiving Day;

(2)

Christmas Eve;

(3)

Christmas Day;

(4)

New Year's Eve; and

(5)

New Year's Day.

(Code 1959, § 21-9; Ord. No. 50570, § 2, 3-29-79)

Sec. 32-26. - Same—Duration.

All special activities not designated by the department shall not exceed three (3) days in length, unless approved by the city manager.

(Code 1959, § 21-10; Ord. No. 50570, § 2, 3-29-79)

Sec. 32-27. - Same—Availability of facilities; priorities.

Facilities will be provided upon request to eligible sponsors as the schedule allows. Priority will be given to nonprofit organizations, groups or individuals.

(Code 1959, § 21-11; Ord. No. 50570, § 2, 3-29-79)

Sec. 32-28. - Same—Rental rate schedule for facilities and special events.

The following rental rate schedule for Market Square facilities and events is hereby established:

(1)

Plaza areas: Mariachi Plaza, one thousand dollars ($1,000.00) per day. Other plaza areas, four hundred dollars ($400.00) per plaza per day. Rental of any plaza area will not include usage of city-owned equipment, such as tables and chairs. Lessee will provide at their own expense any equipment necessary in conjunction with rental of the plaza areas. A garbage container fee, per event, of two hundred dollars ($200.00) shall be paid by the lessee for using the plazas for any event.

(2)

Closing of San Saba Street: Daily rental, eight hundred dollars ($800.00).

Lessee must rent the necessary barricades required for San Saba Street closure from the Market Square Activity in the department of parks and recreation.

Barricade rental: Eighty dollars ($80.00) per event closure.

Garbage container fee, per event, of two hundred dollars ($200.00) per event will be paid by lessee for using the plazas and/or San Saba Street for any event.

(3)

Temporary outdoor vending in plaza areas: All fees are payable in advance. Rental rates will apply to non-food vendors, working artisans, artists and craftsmen:

Monthly, three hundred forty-five dollars, ($345.00).

Daily, twenty-five dollars ($25.00).

No selling of any type of clothing apparel will be permitted in the pedestrian plaza areas. Any type of clothing accessory or accessory item will generally not be permitted to be sold unless the clothing accessory or accessory item is hand crafted as per the definition of working artisans and craftsmen, and with the prior written approval of the Market Square manager.

Working artisans and craftsmen are defined as those persons who use raw and natural products and creatively handicraft individually every component and who demonstrate their craft on premises at all times.

There will be no non-festival related temporary food vending in the plaza areas of Market Square. Mobile or stationary raspa vendors will not be permitted in any area of Market Square complex except during special outdoor public events, and with the prior written approval of the Market Square manager.

(4)

Photographer and shoe shine fees: All fees are to be collected in advance.

Only non-stationary photographers will be permitted to set up on a daily basis in the plaza areas of Market Square. Daily fee of six dollars and twenty-five cents ($6.25). Monthly rate of one hundred twenty-five dollars ($125.00).

Shoe shine persons will be permitted to set up on a daily basis in the plaza area of Market Square. Shoe shiners will be limited to areas designated by the director or Market Square manager. Equipment will be limited to one (1) chair only and no storage of equipment is provided. Daily fee of six dollars and twenty-five cents ($6.25). Monthly rate of one hundred twenty-five dollars ($125.00).

(5)

Registration of working artists, craftsmen, photographers and shoe shiners: All working artists, craftsmen, photographers and shoe shiners will be authorized for temporary outdoor vending on a first-come/merchandise basis on the Tuesday of the second week of each January.

(Code 1959, § 21-11.1; Ord. No. 50570, 3-29-79; Ord. No. 54277, § 1, 9-17-81; Ord. No. 61334, § 1, Exh. B, 8-29-85; Ord. No. 70253, §§ 2—8, 9-14-89; Ord. No. 74293, §§ 6—9, 9-12-91; Ord. No. 78722, §§ 3—10, 9-15-93; Ord. No. 84164, § 3, 5-23-96; Ord. No. 84796, §§ 11—13, 9-19-96; Ord. No. 88494, § 2, 9-17-98; Ord. No. 94585, §§ 17, 18, 9-20-01; Ord. No. 2006-09-07-1010, § 7, 9-7-06; Ord. No. 2009-09-17-0731D, § 5, 9-17-09)

Sec. 32-29. - Loading zones.

The director is hereby authorized to designate sections of the Market Square complex as loading zones, and to enforce all necessary and proper rules.

(Code 1959, § 21-12; Ord. No. 50570, § 2, 3-29-79)

Sec. 32-30. - Possession of beverages in other than plastic or paper container.

(a)

Prohibited. It shall be unlawful for any person to knowingly possess a beverage in the area of the Market Square complex unless such beverage is in a plastic or paper container. For purposes of this section, the contents of a container, other than paper or plastic, shall be presumed to be the beverage its label indicates.

(b)

Exceptions. The provisions of this section shall not apply to restaurants or other establishments in the Market Square complex where beverages in bottles, cans or glasses are served in the regular course of business; however, possession of beverages in such containers shall be restricted to the immediate area of the establishment's leased premises.

(c)

Penalty. Any person violating the terms of this section shall, upon conviction, be punished by a fine of not less than five dollars ($5.00) nor more than two hundred dollars ($200.00).

(Ord. No. 59685, § 1—3, 10-30-84)

Sec. 32-31. - Restrictions governing sale of alcoholic beverages during special events.

(a)

Off-premises sale of alcoholic beverages from public places during all celebrations and festivals co-sponsored by the city, sponsored by the Parks and Recreation Department, Market Square Division, or held pursuant to contractual authority at Market Square, shall be confined to public places leased for the festival or celebration.

(b)

The intent of this policy is not to prohibit the off-premise sale of alcoholic beverages conducted in accordance with the law but to permit the sale of off-premises alcoholic beverages from public spaces only to those nonprofit organizations who have leased public areas for the festival or celebration.

(c)

All alcoholic beverage concessions erected for and during celebrations and festivals shall be restricted to one (1) alcoholic beverage concession per mall area; one alcoholic beverage stand on San Saba Street; and one alcoholic beverage concession inside the Farmers Market whenever that facility is leased for a festival or celebration. The size of each alcoholic concession is limited to no larger than a 16′ x 8′ stand placed in each mall area, the Farmers Market, and a stand no larger than 24′ x 8′ on San Saba Street whenever San Saba Street is entirely utilized.

(d)

A sufficient number of licensed and bonded security personnel shall be provided prior to arid during the sale of all alcoholic beverages for all celebrations and festivals as determined by the chief of police taking into consideration the type of event and anticipated attendance. Costs of security shall be borne by the sponsoring organization, unless provided otherwise by written agreement.

(e)

This section shall not impair any contractual rights or obligations to the extent and for the duration they are in effect.

(Ord. No. 66678, §§ 1—5, 2-25-88; Ord. No. 84164, § 4, 5-23-96)

Editor's note—

Ord. No. 66678, adopted Feb. 25, 1988, did not specifically amend this Code; hence inclusion of §§ 1—5 as 32-31 was at the discretion of the editor.

Secs. 32-32—32-40. - Reserved.