EL MERCADO

San Antonio City Code ch. 32, art. II, div. 3

in effect

San Antonio City Code § 32-86 Promulgation of rules; violations; Fiesta Room.

Sec. 32-86. - Promulgation of rules; violations; Fiesta Room. (a) The director is specifically authorized to develop, implement, and enforce all necessary and proper rules for the management and operation of El Mercado. Violation of such rules shall be cause for termination of any lease agreement pertaining to El Mercado between the city and the violator or his representative. Such violation shall also be good and sufficient reason for refusal to lease any space in the Market Square to said violator or his representative. (b) The director is specifically authorized to develop, implement and enforce all necessary and proper rules for the management and operation of the Fiesta Room. Violation of such rules shall be cause for immediate cancellation of any lease agreement pertaining to the Fiesta Room between the city and the violator or his representative. Such violation shall also be good and sufficient reason for refusal to lease any space in Market Square to said violator or his representative. (Code 1959, § 21-72; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-87 Bus parking zone.

Sec. 32-87. - Bus parking zone. The driveway area directly in front of the Fiesta Room is hereby designated as a bus parking zone, and the director is authorized to implement all necessary and proper rules. (Code 1959, § 21-72.1; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-88 Employees guilty of past violations.

Sec. 32-88. - Employees guilty of past violations. No tenant in El Mercado shall hire as an agent, or employ any person who has been barred from El Mercado for violation of any provision of this chapter or regulation promulgated by the director. (Code 1959, § 21-73; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-89 Operating hours.

Sec. 32-89. - Operating hours. The director shall have the authority to establish opening and closing hours of El Mercado and shall have the right to extend or limit hours of operation when deemed necessary. (Code 1959, § 21-74; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-90 Littering prohibited.

Sec. 32-90. - Littering prohibited. No person shall throw, place or permit to be thrown or placed on the El Mercado, or any part thereof, or the public streets adjacent thereto, any rubbish, refuse or litter of any kind, or any obstructions which are likely to become dangerous or offensive to the public. (Code 1959, § 21-75; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-91 Deceitful pricing; refusal to sell.

Sec. 32-91. - Deceitful pricing; refusal to sell. It shall be unlawful for any person occupying a shop in the El Mercado to resort to any trick or scheme to ask prices which are unreasonable when compared to prices asked for similar items at that time, or to refuse to sell his merchandise for the purpose of holding a shop. Such action on the part of a person in holding a shop shall be sufficient cause for the director to forfeit all rights, including fees paid, to such shop by such person. (Code 1959, § 21-76; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-92 Loitering, etc.

Sec. 32-92. - Loitering, etc. It shall be unlawful for any person to loiter, linger or loaf on or about the El Mercado. (Code 1959, § 21-77; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-93 Fixing prices.

Sec. 32-93. - Fixing prices. It shall be unlawful for tenants to agree among themselves to fix or raise prices, or to exert any influence, pressure or persuasion on any other tenant to fix or raise prices of items being sold or to be sold on or about the El Mercado. (Code 1959, § 21-78; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-94 Animals prohibited.

Sec. 32-94. - Animals prohibited. It shall be unlawful for any owner, keeper or person having the custody or control of any dog, cat or other animal to cause or permit such animal to go into or upon the El Mercado. (Code 1959, § 21-79; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-95 Obstruction of public ways prohibited.

Sec. 32-95. - Obstruction of public ways prohibited. It shall be unlawful for anyone to place any barrel, box, crate, wood, vehicle, merchandise or other substances on any walking area in the El Mercado so as to obstruct entirely or in part passage along such walking areas or any part thereof. (Code 1959, § 21-80; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-96 Packing, displaying boxes, etc., deceptively.

Sec. 32-96. - Packing, displaying boxes, etc., deceptively. It shall be unlawful for any person with intent to deceive, or to defraud, to sell, offer for sale, expose for sale or to possess for sale, any box, basket, crate, bag or other container containing merchandise or other commodity of a quality inferior to that with which such container is apparently filled. (Code 1959, § 21-81; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-97 Signs.

Sec. 32-97. - Signs. Each tenant, before doing business in the El Mercado, shall provide a sign of the size, color, lettering and material specified by the director. Such signs shall at all times be displayed in a conspicuous location which shall be approved by the director. No signs, placards or other advertising material other than price signs and above-described signs shall be displayed at the El Mercado. (Code 1959, § 21-82; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-98 Health cards for employees; display.

Sec. 32-98. - Health cards for employees; display. Any person in the El Mercado who shall handle food products, either as owner or employee, must have a health card and such card must be prominently displayed in the shop or shops. (Code 1959, § 21-83; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-99 Licenses, certificates; display.

Sec. 32-99. - Licenses, certificates; display. Food licenses and other required certificates must be prominently displayed in shops. Such licenses and other required certificates must be framed and hung on the wall of the shop. (Code 1959, § 21-84; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-100 Disposal of garbage, refuse; general conditions.

Sec. 32-100. - Disposal of garbage, refuse; general conditions. All tenants and/or employees will dispose of all refuse. Refuse must be taken to designated garbage disposal areas. All persons are responsible for keeping their shop in a presentable and sanitary condition at all times. (Code 1959, § 21-85; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-101 Applicability of health code.

Sec. 32-101. - Applicability of health code. All stipulations of Articles I through IV of Chapter 13, Food and Food Handlers, are applicable in any shop handling food products in the El Mercado, and will be enforced. (Code 1959, § 21-86; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-102 Reserved.

San Antonio City Code § 32-103 Assignment of existing leases.

Sec. 32-103. - Assignment of existing leases. A tenant shall not assign the existing lease in El Mercado and the business conducted on the leased premises or any interest therein without first obtaining the written consent of the city, which consent shall not be unreasonably withheld, and which consent will be evidenced by the passage of a city ordinance, based upon recommendation by the city staff and the Market Square commission, giving due consideration to the tenant mix and product mix as affected by such assignment. However, where the tenant is a sole proprietorship and the tenant dies, the surviving spouse or the tenant's heir or a testamentary beneficiary of the tenant or a representative of the tenant's estate designated by a court of competent jurisdiction may operate the establishment until the end of the term of the lease then in effect, and subject to city council approval. (Res. No. 84-29-35, § l, 6-28-84; Ord. No. 74896, § 2, 12-5-91)

San Antonio City Code § 32-104 Leases to prohibit independent contracts which amount to an assignment or subletting of the leased premises.

Sec. 32-104. - Leases to prohibit independent contracts which amount to an assignment or subletting of the leased premises. Leases on spaces in El Mercado shall be written so as to prohibit the tenant from entering into any independent contracts relative to the operation of the business amounting to any assignment or subletting of the leased premises, as determined solely by the city. This section shall also apply to the leases on spaces in the Farmers Market Plaza. (Res. No. 84-29-35, § l, 6-28-84; Ord. No. 74896, § 2, 12-5-91; Ord. No. 79223, § 6, 11-23-93)

San Antonio City Code § 32-105 Renewal leases.

Sec. 32-105. - Renewal leases. The City hereby exercises its option to renegotiate renewal leases as provided in Section 31.2 of the El Mercado lease agreement. The term of renewal lease shall be for a period not to exceed three (3) years. Upon written notification, if received within ninety (90) days from the expiration of the original term of the existing lease, of any tenant's intent to renew and renegotiate the terms and conditions of a renewal lease. The Director or Market Square Manager is hereby authorized and directed to renew and renegotiate terms and conditions of a renewal lease. (Res. No. 84-29-35, § 1, 6-28-84; Ord. No. 84164, § 6, 5-23-96)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH32TOTRCEAR_ARTIIMASQTOTRCENO1_DIV3ELMEFetched: 10/27/2026