HomeMy WebLinkAboutOrdinance 14933~ ~~
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ORDINANCE NO `~' ~ ~
AN ORDINANCE AMENDING SEC. 7-47, "AMENDMENTS" OF
ARTICLE III, "BUILDING CODE" OF CHAPTER 7, "BUILDING" OF
THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED,
BY ADDING SECTION 107.2.6 OUTLINING THE REQUIREMENTS
FOR A VENDOR CERTIFICATE OF OCCUPANCY, AMENDING
TABLE NO. 1-B TO ADD A NEW FEE FOR A VENDOR
CERTIFICATE OF OCCUPANCY, PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE, PROVIDING FOR
Pi1BLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on November 27, 2001, the City Council of Fort Worth adopted Ordinance
No 14872, amending the Zoning Ordinance to establish regulations for transient food
vendors and temporary food and merchandise vendors,
WHEREAS, Ordinance No 14872 requires temporary merchandise and temporary
food vendors to obtain a vendor certificate of occupancy to determine the location of the
vendor for verification of the proper zoning, to insure safety code requirements are met, and
to verify that the vendor has permission of the owner and all applicable health permits, and
WHEREAS, the current City Code of the City of Fort Worth does not have a vendor
certificate of occupancy or an associated permit fee for temporary vendors,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS.
SECTION 1
Chapter 7, "Buildings," Article III, "Building Code", of the Crty Code of the City of
Fort Worth, is amended by adding Section 107.2 6 to Sec 7-47 "Amendments" to provide for
a certificate of occupancy for temporary vendors as follows
107.2.6 Temporary Vendors. Temporary vendors required to obtain a Vendor Certificate of
Occupancy as determined by the Zoning Ordinance shall pay the fee as specified m Table 1-
B The payment of the fee shall be as follows
A
1 The fee shall cover the inspection process to approve a new vendor apphcahon except
as listed below
2 The Vendor Certificate of Occupancy must be renewed annually The fee specified m
Table 1-B shall be required for each renewal of the Vendor Certificate of Occupancy to
cover the cost of re-inspection.
3 T'he Vendor Certificate of Occupancy is only valid for the vendor fisted. Any change m
vendors will require a new application, a new Vendor Certificate of Occupancy and the
payment of a new fee
4 A separate permit and associated permit fee as specified m the appropriate code for the
installation of an electrical service or a water service shall be obtained and paid by the
applicant with any vendor apphcataon that includes such service. The payment of these
required fees is in addition to the Vendor Certificate of Occupancy fee specified in Table No
1-B
SECTION 2.
Sec 7-47 "Amendments" of Chapter 7, "Buildings," of Article III, "Building Code",
of the City Code of the City of Fort Worth, is amended by adding a new fee to Table No 1-B
to provide a fee for a Vendor Certificate of Occupancy for temporary vendors as follows
12 Vendor Certificate of Occupancy for Temporary Vendors $50 00
SECTION 3
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
the City of Fort Worth, Texas (1986), as amended, except where the provisions of this
ordinance are m direct conflict with the provisions of such ordinances and such Code, m
which event conflicting provisions of such ordinances and such Code are hereby repealed.
SECTION 4
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by
the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
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incorporation m this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 5.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than Five Hundred Dollars ($500 00) for each offense. Each day that a
violation exists shall constitute a separate offense
SECTION 6.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of Ordinance No 3011, Ordinance No 13896 or any
other ordinances affecting zoning which 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 m court or not, under such ordinances, same shall not be affected
by this ordinance but maybe prosecuted until final disposition by the courts.
SECTION 7
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish
this ordinance for two (2) days m the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52.013
SECTION 8.
That this ordinance shall take affect upon adoption and publication as required by
law
APPROVED AS TO FORM AND LEGALITY
David Yett, Crty Att ey
By' G~~'-~---.
Assist City Attorney
ADOPTED ~ ^ 2 ~ - 0 2.
EFFECTIVE /- Z~~ ~12--
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/22/02 G-13494 06VENDOR 1 of 1
SUBJECT ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE, "BUILDINGS",
CONCERNING CERTIFICATES OF OCCUPANCY FOR TEMPORARY VENDORS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance to amend Chapter 7 of the City
Code, "Buildings", concerning certificates of occupancy for temporary vendors and establishing a fee.
DISCUSSION
On November 27, 2001 (Ordinance No 14872), the City Council approved amending the
Comprehensive Zoning Ordinance to establish regulations for itinerant (mobile) vendors As a new
function of these regulations, vendors are now required to secure an annual Vendor Certificate of
Occupancy for each location where the vendor is to operate The attached ordinance provides for a
$50 fee to be charged for the processing and inspection required to issue such Vendor Certificate of
Occupancy
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this amendment will provide for appropriate revenue for enforcement
of the new regulations
MG n
Submitted for City Manager's
Office by:
FUND I ACCOUNT I' CENTER
AMOUNT I CITY SECRETARY
Mike Groomer 6140
Bob Riley 8901
Contact•
APPROVED 01/22/02
ORD.# 14933
Bob Riley 8901