ISSUE:

Consider and/or act on Ordinance Number 22-01-1245 amending vendor guidelines establishing rules and regulations for what merchandise/product is appropriate for display at City events.

STAFF RESOURCE/DEPARTMENT: Kayla McFarland, Events Coordinator and Tim Rogers, Public Services Director

ACTION REQUIRED:

Staff recommends Council approval of Ordinance Number 22-01-1245 amending vendor guidelines establishing rules and regulations for what merchandise/product is appropriate for display at City events.

BACKGROUND/HISTORY:

In 2021, a vendor at Murphy Maize Days was selling inappropriate merchandise with profanity/vulgar innuendos which led to a cause for revision of the vendor guidelines.

ATTACHMENTS:

Ordinance Number 22-01-1245 REDLINE Ordinance Number 22-01-1245

 

ORDINANCE NUMBER 22-01-1245

AN ORDINANCE OF THE CITY OF MURPHY, COLLIN COUNTY, TEXAS AMENDING CHAPTER 16 “PUBLIC WAYS AND PUBLIC PLACES”, ARTICLE 16.02 “PARKS AND RECREATION” OF THE CODE OF ORDINANCES OF THE CITY OF MURPHY, TO ADD SECTION 16.02.009 ENTITLED “MAIZE DAYS GUIDELINES” TO ESTABLISH RULES AND REGULATIONS FOR VENDORS AT MAIZE DAYS; PROVIDING FOR INCORPORATION OF PREMISES; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) PER DAY FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A CUMULATIVE/REPEALER CLAUSE, PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the City of Murphy (the “City”) is a Home Rule Municipality acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution; and

WHEREAS, the City has the authority to adopt and enforce ordinances governing the use of its property and to regulate persons engaged in business activities pursuant to Section 2.04 of its Charter; and

WHEREAS, the City holds an event called “Maize Days” in September of each year, and the City Council of the City wishes to formally adopt rules and regulations regarding vendor access to and conduct during Maize Days.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MURPHY, TEXAS:

 

Section 1. Incorporation of Premises. That all of the above recitals are found to be true and correct and are incorporated into the body of this Ordinance as if fully set forth herein.

Section 2. Enactment. A new Section 16.02.009 shall be created, to read as follows:

Chapter 16. Public Ways and Public Places Article 16.02. Parks and Recreation
Sec. 16.02.009. Maize Days Guidelines

(a) Application Process.

 

  1. Any vendor wishing to participate in Maize Days must submit an application, on a form to be provided by the City, along with the application fee established in the Fee Schedule, at least five (5) business days before the event or until the City has accepted its maximum number of applications.
  2. The application must contain a detailed description of the items to be sold by vendor during the event.
  3. The sale, display, or distribution of any profane, obscene, or indecent (as determined by the City) printed material, photograph, or other item is prohibited. The City reserves the right to deny an application from a vendor who wishes to sell, display, or distribute such materials.
  4. Applications will be reviewed to determine family appropriateness and to limit the number of similar products being exhibited. Space is limited. Applications will be approved on a first come, first served basis.
  5. If an application is approved, the City will notify the vendor. The vendor must pick up a Vendor Packet, which includes the vendor parking pass, during the designated time set by City staff. If a vendor cannot attend at the designated time, packets will be available at the Murphy Community Center during open hours or the vendor can contact City staff and arrange for their packet to be mailed to them. Packets must be picked up before the close of business on the Thursday before the festival.

 

(b) Compliance with Laws and Regulations. All vendors and shoppers must comply with all City, state, and federal laws, rules, and regulations.

(c) Set Up.

  1. Vendors may set up their booths the day before the event (Friday) between the hours of 5:00 p.m. to 8:00 p.m. or the day of the event (Saturday) from 9:00 a.m. to 11:15a.m. Booth setup must be complete by Saturday at 11:35 a.m.
  2. Vendors who choose to set up on Saturday will have a maximum of ten (10) minutes to unload their vehicles in their assigned loading zone. Vehicles parking for an extended period of time will be towed.
  3. No vendor may block any street with their vehicle.
  4. No vehicles are allowed on the grass or sidewalk.
  5. Only one booth will be allowed per vendor.
  6. Each vendor must supply their own clean tent. The tent must be able to fit within the size of the booth assigned to the vendor. Booths are set up on grass, so vendors should bring appropriate materials, preferably spike stakes, to secure their booth tent.

(d) Vendor Parking.

    1. Each vendor will be issued a parking pass that must be visibly posted in their vehicle.
    2. During the event, vendors must park at the Murphy Municipal Complex parking lot south of the festival or at Tom Kimbrough Stadium, 700 North Murphy Road. Vendor parking is on a first come, first served basis. No vehicles will be granted access to the vendor parking area without a parking pass.

(e) Event Rules.

    1. No electricity is provided for vendors.
    2. Vendors are responsible for keeping their area clean. Trash should be disposed of properly and walkways shall remain clear.
    3. Vendors, or vendor representatives, must be present at their booth from 11:45a.m. until 7:00 p.m.
    4. Vendors selling order-based products must have at least 50% of their booth occupied by their product.
    5. All informational vendors must provide an activity and/or raffle throughout the day.
    6. Only the types of items listed in the application may be offered for sale on the day of the event. Any attempt by a vendor to sell any other type of item that was not listed on the application is cause for the City to revoke its approval of the vendor’s application, without a refund, and request that the vendor immediately vacate the premises.

(f) Tear Down.

    1. Vendors must keep their booths open until 7:00 p.m.
    2. Once a vendor’s booth is disassembled, the vendor must obtain permission from the vendor attendant to bring the vendor’s vehicle into loading area.
    3. Vehicles will not be allowed in the loading area before 7:15 p.m.

(g) Applicability. This section applies only to market vendors. This section does not apply to food vendors.

Section 3. Penalty. Any person, firm or corporation intentionally, knowingly or recklessly violating any term or provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a penalty of fine not to exceed the amount of Two Thousand Dollars ($2,000) for each offense. Every day a violation continues shall constitute a separate offense.

Section 4. Savings. That all rights and remedies of the City of Murphy are expressly saved as to any and all violations of the provisions of any Ordinances that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such Ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts.

Section 5. Cumulative/Repealer Clause. This Ordinance shall be cumulative of all other Ordinances of the City of Murphy and shall not repeal any of the provisions of such Ordinances except for those instances where there are direct conflicts with the provisions of this Ordinance or where expressly repealed hereby. Ordinances or parts thereof in force at the time this Ordinance shall take effect and that are inconsistent with this Ordinance are hereby repealed to the extent that they are inconsistent with this Ordinance.

Section 6. Severability Clause. If any section, article, paragraph, sentence, clause, phrase or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect.

Section 7. Publication/Effective Date. This Ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and City Charter in such cases provide.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Murphy, Texas, on this 18th day of January 2022.

Scott Bradley, Mayor City of Murphy, Texas

ATTEST:

Susie Quinn, City Secretary APPROVED AS TO FORM:

Wm. Andrew Messer, City Attorney