SEC. 50-164. LICENSE ISSUANCE; FEES; TRANSFERABILITY; VENDING LOCATION SITES; LICENSE EXPIRATION.
(a) The director shall issue a license to the applicant within 30 days after receipt of the application, unless the director finds one or more of the following to be true:
(1) The applicant is under 18 years of age.
(2) All available vending location sites, as designated by the director, are occupied by licensees.
(3) The applicant or applicant’s spouse is overdue in payment to the city of taxes, fees, fines, or penalties assessed against or imposed upon the applicant or applicant’s spouse.
(4) The applicant is physically or mentally incapacitated to an extent that the applicant cannot operate a vending business.
(5) The applicant has failed to answer or falsely answered a question or request for information on the application form provided.
(6) The applicant has failed to provide proof of a license or permit required by this code or any other applicable city ordinance or state or federal law for the operation of the proposed business.
(7) The applicant, or any agent of the applicant, individually or cumulatively, has been convicted of two violations of this article, other than the offense of operating a business without a license, within the two years immediately preceding the application. A plea of “guilty” or “no contest” in any court of law, including the municipal court, constitutes a conviction for purposes of this section. The fact that a conviction is being appealed has no effect.
(8) The required license fee has not been paid.
(9) The applicant has failed to comply with or the proposed business will violate any applicable law, ordinance, or regulation of the city.
(10) The applicant’s business or method of doing business will interfere with traffic flow on public streets or sidewalks.
(11) The applicant has already received the maximum number of licenses to which the applicant is entitled under Subsection (g) of this section.
(b) If the director finds that one of the items listed in Subsection (a) is true, the director shall deny the application and send to the applicant by certified mail, return receipt requested, a written statement setting forth the reasons for the denial and notifying the applicant of the right to appeal.
(c) A CBD concession license must state on its face the name of the person to whom it is granted and the expiration date. A CBD concession license authorizes the licensee to do business only at a specific vending location site, designated by the director, in the central business district.
(d) The annual fee for each CBD concession license is:
(1) $601 ($150 for license processing and regulation and $450 for the use of 40 square feet of public property) to vend entirely or partially on public property, plus $25 for each square foot of public property over 40 square feet that is contained in the vending location site; and
(2) $151 to vend on private property only.
(e) The fees listed in this section may not be prorated and are not refundable.
(f) A CBD concession license is not transferable in any manner to any person or location other than the one for which it was issued. Only agents listed in the licensee’s most recent updated application for a CBD concession license are authorized to operate under the license.
(g) The same vendor, either personally or through an agent, may not simultaneously hold more than a total of 12 CBD concession licenses for vending on public property. Of those 12 licenses, the same vendor may not simultaneously hold more than one in the West End district, one in the arts district, and 10 in the CBD core district.
(h) For purposes of Subsection (g) of this section, an applicant will be considered to be the same vendor if the same sales tax identification number is listed on each license application.
(i) The number and location of vending location sites to be assigned on public property will be determined by the director based upon the availability of space, the congestion that may result, and other factors related to the public health, safety, and welfare. Each site must have an area of not less than 40 square feet. The director may not authorize or assign on public property:
(1) more than two vending location sites for each side of a block face in the central business district;
(2) a vending location site within 50 feet of another site at which the applicant is licensed to vend;
(3) a vending location site within 100 feet of an existing fixed business that sells, distributes, or offers for sale goods or services similar to those to be sold, distributed, or offered for sale by the applicant, unless the applicant files with the director the written consent of the owner of the existing fixed establishment;
(4) a vending location site within 50 feet of an outdoor patio of an existing fixed food establishment located on the same side of the same block face; or
(5) a vending location site within 1,000 feet of the Dallas Farmers Market, as defined in Section 29A-2 of this code, if the vendor will sell potted plants, fruits, or vegetables.
(j) An applicant may select a vending location site from those available at the time of application in accordance with rules and regulations promulgated by the director. If more than one applicant applies for the same vending location site, the director shall award the site by drawing lots in accordance with rules and regulations promulgated by the director.
(k) A CBD concession license expires one year after the date of issuance. To renew a CBD concession license for the same vending location site, a licensee must file an application with the director and pay all required license fees not more than 60 days or less than 30 days before the license expires. Upon expiration of a CBD concession license, the licensee may apply for a new license, but must select a site from those available at the time of application in accordance with rules and regulations promulgated by the director. (Ord. Nos. 17675; 19300; 25048; 27353; 29023; 33232)
