§ 19-56. Exceptions and exemptions.  


Latest version.
  • (a)

    The provisions of this article shall not apply to special events or other public festivals of nonprofit organizations for the purpose of fundraising, as approved by the city.

    (b)

    Concessionaire permits and regulations shall not apply to designated state park facilities.

    (c)

    An owner/operator of a concession who is also the operator of a primary business conducted upon the same property and who is selling, through the concession, the same merchandise or goods that the operator is authorized to sell in the owner/operator's primary business entirely within the boundaries of the owner/operator's primary business location, and where the owner/operator is operating within the boundaries of premises from which the owner/operator has a license from the Texas Alcoholic Beverage Commission, is not required to obtain a permit to operate such concession. A business shall be considered a primary business only if the owner/operator of the business has been in business in the same location within the designated Mardi Gras or the Seawall Entertainment District area for a continuous period of at least six (6) months prior to the annual Mardi Gras Festival and has been issued a certificate of occupancy for conduct of such business.

    (d)

    A person who holds a valid permit for rental of beach equipment pursuant to the requirements of section 8-53 shall not be required to obtain a permit under this article.

    (e)

    With the exception of subsection (b), during the period of Mardi Gras activities or festivals, no person shall peddle or conduct an outdoor concession within the city without first having obtained a permit.

    (1)

    A Mardi Gras concession permit will be issued for locations where allowed by city regulations with written and notarized authorization from the owner of that location.

    (2)

    Concessions for food or drink will not be permitted within three hundred (300) feet of an existing business which sells food or drink outside of the Central Business District, as defined by the Mardi Gras ordinance (See chapter 20.5).

    (3)

    Concessions which sell food or drink must have a valid permit from the county health district and permission to sell food or drink from the city prior to the issuance of a Mardi Gras permit.

    (4)

    Separate permits are required for each concession, and shall not be issued without approval by the city council upon recommendation of the city manager.

    (5)

    The permit fee for each concession within the area designated "entertainment area" will be as set forth in the Mardi Gras agreement with the city. The permit fee for each concession outside the area designated "entertainment area" will be as follows:

    Seventy-five dollars ($75.00) per weekend for beer or alcohol booths.

    Fifty dollars ($50.00) per weekend for food or novelty concessions.

    It is the intention of this section that a separate permit fee will be paid for each separate concession regardless of whether the concession occupies an entire lot or location or a portion of said lot or parcel, and regardless of whether the concession is located inside or outside the entertainment area. A separate concession shall be based on a space of ten (10) feet by ten (10) feet. No more than two (2) permits shall be issued per each application and each individual or entity may not apply for more than two (2) permits for concessions on public property within the entertainment area, during the duration of Mardi Gras. When the city, has designated an exclusive concessionaire, the permit fees will be established in accordance with chapter 20.5, article VII(A) and the exclusive concessionaire's contract. In addition to the permit fee, the city reserves the right to require a bond or deposit to assure the clean-up of debris.

    (6)

    A two hundred dollar ($200.00) cash bond must be posted for each concession, which is refundable upon inspection of the concession site and the approval by the city.

    (7)

    The Mardi Gras permit will be valid only for the duration of the festival period only. Use of public rights-of-way by festival concessions will be limited to specific locations within the central business district only, and all concessions located in rights-of-way must be removed within twelve (12) hours of the conclusion of the parade for which they were erected.

    (8)

    Each concession will provide one (1) fifty-five (55) gallon trash receptacle.

    (9)

    Each concession will display the Mardi Gras permit in a conspicuous location inside the concession stand/kiosk.

    (10)

    If any provision of this section conflicts with chapter 20.5 (the Mardi Gras ordinance), the Mardi Gras ordinance shall control and prevail.

( Ord. No. 15-061, § 2, 7-23-15 )