Sec. 12-6-5. - Commercial activities—Generally.
(a) Authorized businesses. The displaying, trading, renting or selling of any article, fish, animal, reptile, bird, food, boats, swimsuits, merchandise or thing of any kind whatsoever from any portion of the sand beach area described in this article is hereby prohibited. Only those activities listed in subsections (b), (c) and (d) of this section shall be authorized within such area.
(b) Rental of recreational items. The rental to the public of water- or beach-related recreational items may be authorized upon the following conditions:
(1) Any person desiring to offer such items for rental to the public shall make application for a permit from the office of the city tax collector, which is located in the city hall building. Upon concurrence of the county supervisor in whose district that portion of the beach is located, the city tax collector shall issue the permit designating the area of the beach in which the applicant may conduct his rental business and the termination date of the permit. The applicant must present evidence of being in receipt of a state sales tax license number and shall furnish sufficient evidence from the state tax commission of the current status of payment of applicable sales taxes prior to the issuance of a new or renewal permit. Permits shall be issued only for those areas shown on the map on file in the office of the tax collector, such locations being the same as those approved by the supervisors in whose district that portion of the beach is located. The city tax collector shall furnish a copy of such permit to the director of the department of police. No merchandise, structure or object of any kind may be left on the beach after the termination date of the permit, or after the normal beach season ends. The recipient of each permit must register it with the county sheriff, and the permit shall not be valid until such registration.
(2) The number of permits issued for the rental of marine recreational items under this section shall at no time exceed 24; provided, however, that in the event all existing permits are not renewed the maximum number of permits to be issued shall be reduced to 20. Permits shall be issued annually effective January 1st, and all permits issued under the provisions of this section shall expire annually on December 31st. Application for these permits cannot be made prior to December 1st of the year preceding that for which the permit will be valid. At the time of renewal of the permit, the applicant who holds a permit, for his/her specific location, shall be given a preference over any other applicant seeking to obtain a permit for that location. Any remaining permits shall be issued by drawing lots from among all eligible applicants on the first working day after January 1st of each year. The city tax collector shall conduct the drawing of lots for assignment of these permits in the city council room at 10:00 a.m. of each such day. The city tax collector shall have five working days from the date of the application to approve or deny the permit.
(3) There is hereby imposed upon the applicant, seeking to engage in such rental business, an annual permit fee of $500.00.
(4) The applicant shall, in advance of conducting any business, furnish and make payable to the city a good and sufficient penal bond in the amount of $1,000.00, conditioned that if said applicant, or any employees or agents thereof, comply with all the provisions of this article, the obligation shall be void, otherwise, to remain in full force and effect.
(5) Persons renting such equipment and entering the waters of the Mississippi Sound must comply with all state statutes and regulations regarding water safety.
(6) There will be no advertising in connection with the enterprise other than "for rent" signs, limited to being no larger than ten square feet in size, which may be placed on the items to be rented. Vendors must keep the sand clean and clear by regularly policing the beach within 75 feet of their rental area.
(c) Sale of food. The sale to the public of food may be authorized upon the following conditions:
(1) Any person desiring to offer such items for sale to the public shall make application for a permit from the office of the city tax collector, which is located in the city hall building. Sales shall be allowed only from locations specified by the city tax collector upon concurrence of the county supervisor in whose district that portion of the beach is located. The applicant must present evidence of being in receipt of a state sales tax license number and shall furnish sufficient evidence from the state tax commission of the current status of payment of applicable sales taxes prior to issuance of a new or renewal permit.
(2) The number of permits issued under this section shall at no time exceed 11. Permits issued under the provisions of this section shall be issued annually effective January 1st, and all permits issued under the provisions of this section shall expire annually on December 31st. Applications for these permits cannot be made prior to December 1st of the year preceding that for which the permit will be valid. At the time of renewal of this permit, the applicant who holds a permit, for his/her specific location, shall be given a preference over any other applicant seeking to obtain a permit for that location. Any remaining permits shall be issued by drawing lots from among all eligible applicants on the first working day after January 1st of each year. The city tax collector shall conduct the drawing of lots for assignment of these permits in the city council room at 10:00 a.m. of each such day. The city tax collector shall have five working days from the date of the application to approve or deny the permit. The tax collector shall furnish a copy of the permit to the director of the department of police.
(3) There is hereby imposed upon the applicant seeking to engage in such business, an annual permit fee of $500.00.
(4) The applicant shall, in advance of conducting any business, furnish and make payable to the city a good and sufficient penal bond in the amount of $1,000.00, conditioned that if the applicant, or any employees or agents thereof shall comply with all the provisions of this article, the obligation shall be void, otherwise to remain in full force and effect.
(5) The vehicle to be used in the sales of items specified in this section shall be no more than 20 feet in length or eight feet in width. The vendor shall exhibit his wares only from the vehicle. The vehicle utilized by vendors of food items must be so equipped as to meet all requirements of the state department of health.
(6) All vendors must comply with all pertinent city, state and federal laws.
(7) Food vendor vehicles authorized to operate from the sand beach south of the seawall shall at no time be allowed to situate their vehicles more than 30 feet south of the seawall. In locations where no seawall exists, the food vendor vehicle shall be located in the northernmost 30 feet of the sand beach.
(8) No merchandise, structure or object of any kind may be left upon the sand beach, seawall structure or that portion of the seawall easement or right-of-way north of the seawall structure after the termination date of the permit, or after the normal beach business season ends. The recipient of each permit must register it with the county sheriff, and the permit shall not be valid until such registration.
(9) Vendors must keep the sand beach, seawall structure and that portion of the seawall easement or right-of-way north of the seawall structure clean and clear by regularly policing the area within a radius of 75 feet of their sales area.
(10) There will be no advertising in connection with the enterprise other than "for sale" signs, limited to being no larger than ten square feet in size, which may be placed on the vehicle or stand the food is being sold from.
(d) Ticket substations. Tour business ticket substations may be authorized on that portion of the sand beach which is paved and is located south of the Biloxi Lighthouse, provided that the use of this portion of the sand beach is not restricted by deed or otherwise to noncommercial or nonbusiness enterprises.
(1) Any person desiring to locate a ticket substation for the sale of tickets to ride tour vehicles shall make application for a permit from the office of the city tax collector, which is located in the city hall building. Sales shall be allowed only from locations specified by the city tax collector upon concurrence of the county supervisor in whose district that portion of the beach is located. The applicant must present evidence of being in receipt of a state sales tax permit number and shall furnish sufficient evidence from the state tax commission of the current status of payment of applicable sales taxes prior to issuance of a new or renewal permit.
(2) The number of permits issued under this section shall at no time exceed two. Permits issued under the provisions of this section shall expire annually on December 31st. Applications for these permits cannot be made prior to December 1st of the year preceding that for which the permit will be valid, except for the year 1993, in which case, applications may be made upon the passage of this resolution. At the time of renewal of the permit, the applicant who holds a permit, for his specific location, shall be given a preference over any other applicant seeking to obtain a permit for that location. Any remaining permits shall be issued by drawing lots from among all eligible applicants on the first working day after January 1st of each year. The city tax collector shall conduct the drawing of lots for assignment of these permits in the city council room at 10:00 a.m. of each such day. The city tax collector shall have five working days from the date of the application to approve or deny the permit. The tax collector shall furnish a copy of the permit to the director of the department of police.
(3) There is hereby imposed upon the applicant, for the privilege of engaging in such business, an annual permit fee of $500.00.
(4) The applicant shall, in advance of conducting any business, furnish and make payable to the city a good and sufficient penal bond in the amount of $1,000.00, conditioned that if the applicant and any employees or agents thereof comply with all the provisions of this article the obligation shall be void, and otherwise to remain in full force and effect.
(5) The facility to be used in the sales of tickets specified in this section shall be no more than ten feet in length and 12 feet in width and shall be removable. The vendor shall exhibit his wares only from this facility.
(6) All vendors must comply with all pertinent city, state and federal laws.
(7) The recipient of each permit must register it with the county sheriff, and the permit shall not be valid until such registration.
(8) Vendors must keep the area surrounding their facility clean and clear by regularly policing the area within a radius of 75 feet of their sales area.
(9) There will be no advertising in connection with the enterprise other than ticket sale informational signs limited to being no larger than three square feet in size, which may be placed on the vehicle or stand from which the business tickets are being sold.
(10) Any and all permits issued under subsection (d) of this section shall be non-transferable. If such permit is held by a corporation and the majority of the corporation's stock is transferred to any person, corporation or business entity during the term of the license, then the permit shall be deemed transferred and void.
(11) Subsection (d) of this section, shall be automatically repealed from and after December 31, 1994, unless further amended.
(e) Penalty. Any person violating any of the terms and provisions of section 12-6-5, shall be guilty of a misdemeanor, punishable by a fine not to exceed $500.00 and/or 30 days' imprisonment in the county jail.
(Code 1959, § 11A-7-5; Ord. No. 1632, § 1, 2-24-92; Ord. No. 1686, § 1, 6-14-93; Ord. No. 1728, § 1, 6-14-94)
