FARMERS MARKET

San Antonio City Code ch. 32, art. II, div. 2

in effect

San Antonio City Code § 32-41 "Day" defined.

Sec. 32-41. - "Day" defined. The term "day," as used in this division, shall mean that period of time from the opening hour in the morning to the closing hour ill the evening of any calendar day, such opening and closing hours to be established from time to time by the director. (Code 1959, § 21-28; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-42 Entitlements upon payment of fee.

Sec. 32-42. - Entitlements upon payment of fee. The fee paid for the daily rental of a stall shall entitle the farmer, produce merchant or person to the use of such assigned stalls between the opening and closing hours of the Farmers Market on the day for which the fee is paid, or until the load which he had on his vehicle at the time he rented such stall has been sold; however, in no event shall such farmer, produce merchant or person be entitled to use such stall longer than the day for which the fee was paid without the payment of an additional fee for each day. No produce or merchandise may be placed in the assigned stall in addition to that upon which a fee was originally paid without the payment of an additional fee. (Code 1959, § 21-27; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-43 Hiring of persons guilty of prior violations prohibited.

Sec. 32-43. - Hiring of persons guilty of prior violations prohibited. No farmer, produce merchant, or person shall hire as an agent or employee anyone who has been barred from the Farmers Market for violation of any provision of this chapter or any regulation promulgated by the director. (Code 1959, § 21-29; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-44 Produce, products required to be grown, produced by seller.

Sec. 32-44. - Produce, products required to be grown, produced by seller. It shall be the duty of every person desiring to use the area designated for farmers to first furnish the director with satisfactory evidence that the produce or products to be sold by him in the area designated for farmers have been raised or grown or produced by him upon land or premises owned or leased by him or some member of his immediate family. The director may require a statement in writing signed by such person evidencing the above facts, and any false statement made therein shall be deemed a violation of this article, and the person making such false statement shall be guilty of a misdemeanor. (Code 1959, § 21-30; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-45 Hawking, etc., prohibited.

Sec. 32-45. - Hawking, etc., prohibited. It shall be unlawful for any person to make an outcry or do any hawking or spieling, or to use loud or boisterous language for the purpose of drawing customers or attracting attention to the Farmers Market. (Code 1959, § 21-31; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-46 Litter, rubbish prohibited.

Sec. 32-46. - Litter, rubbish prohibited. No person shall throw, place or permit to be thrown or placed on the Farmers Market, or any part thereof, or the public streets adjacent thereto, any rubbish, refuse or litter of any kind, or any vegetables or produce which are likely to become dangerous or offensive to the public. (Code 1959, § 21-32; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-47 Leaving personal items after hours prohibited.

Sec. 32-47. - Leaving personal items after hours prohibited. No person shall enter, occupy, use or leave any produce, commodity, container, box, crate, basket, motor vehicle or other type of personal property of any description within the limits of the Farmers Market during such time as the market is closed, without the permission of the director. (Code 1959, § 21-33; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-48 Deceitful pricing; refusal to sell.

Sec. 32-48. - Deceitful pricing; refusal to sell. It shall be unlawful for any person occupying a stall in the Farmers Market to resort to any trick or scheme to ask prices which are unreasonable when compared to prices asked for similar products at that time, or to refuse to sell his merchandise for the purpose of holding a stall. Such action on the part of a person in holding a stall shall be sufficient cause for the director to forfeit all rights, including fees paid, to such stall by such person. (Code 1959, § 21-34; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-49 Parking.

Sec. 32-49. - Parking. (a) It shall be unlawful for any person to park, stop or stand a motor vehicle on any of the driveways in the Farmers Market in such a manner as to block or prevent the passing of other vehicles. (b) The director is hereby authorized to designate certain areas on the ground level floor of the Farmers Market building, as defined in section 32-16, as customer parking only areas and to cause signs to be erected showing such designation. No person shall park a motor vehicle for a period of time in excess of one (1) hour during normal hours of operation. (Code 1959, § 21-35; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-50 Rules of operation for parking deck.

Sec. 32-50. - Rules of operation for parking deck. The director is hereby authorized to set rules of operation for the parking deck on the Farmers Market. Such rules of operation shall include the authority to close the parking deck during designated hours; enforce all other applicable sections of this chapter in regard to parking and traffic regulations; and to implement measures that assure easy flow of traffic and parking space turnover. (Code 1959, § 21-35.1; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-51 Vehicle speeds.

Sec. 32-51. - Vehicle speeds. It shall be unlawful for any person to drive a motor vehicle in the Farmers Market at a speed of more than five (5) miles per hour. (Code 1959, § 21-35.2; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-52 Removal, notification of unattended merchandise.

Sec. 32-52. - Removal, notification of unattended merchandise. Produce left unattended by the owner may be removed from the stall by the director, and all rights to such stall shall be forfeited. The city shall have the right to remove or dispose of such produce without liability. An owner must notify the market master of unattended produce. (Code 1959, § 21-36; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-53 Poultry, fish, etc., prohibited from sale.

Sec. 32-53. - Poultry, fish, etc., prohibited from sale. It shall be unlawful for any person to sell or offer for sale any poultry, fish or livestock of any kind. (Code 1959, § 21-37; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-54 Director's authority to prohibit sale of foreign produce.

Sec. 32-54. - Director's authority to prohibit sale of foreign produce. The director may prohibit the sale of any produce not grown in the continental United States. (Code 1959, § 21-38; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-55 Produce-related items.

Sec. 32-55. - Produce-related items. Produce-related items may be sold only with the permission of the director. (Code 1959, § 21-39; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-56 Unauthorized sales personnel.

Sec. 32-56. - Unauthorized sales personnel. It shall be unlawful for any person other than farmers and produce merchants, or agents or employees of produce merchants to sell any produce whatsoever on any part of the Farmers Market. (Code 1959, § 21-40; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-57 Loitering.

Sec. 32-57. - Loitering. It shall be unlawful for any person to loiter, linger or loaf on or about the Farmers Market. (Code 1959, § 21-41; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-58 Fixing prices.

Sec. 32-58. - Fixing prices. It shall be unlawful for farmers, produce merchants or persons to agree among themselves to fix or raise prices, or to exert any influence, pressure, or persuasion on any other farmer, produce merchants or person to fix or raise prices of produce being sold or to be sold on the Farmers Market. (Code 1959, § 21-42; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-59 Animals prohibited.

Sec. 32-59. - 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 Farmers Market. (Code 1959, § 21-43; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-60 Unwholesome produce prohibited.

Sec. 32-60. - Unwholesome produce prohibited. It shall be unlawful for any person to bring, cause to be brought, sell, offer for sale, or expose for sale in the Farmers Market, any produce unfit for human consumption or otherwise not suitable for sale on the Farmers Market because of age, disease, damage or other conditions affecting the wholesomeness of the produce. The decision of the director or his representative shall be final in determining the quality, condition and wholesomeness of all produce in the Farmers Market. (Code 1959, § 21-44; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-61 Obstruction of public ways prohibited.

Sec. 32-61. - 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 Farmers Market so as to obstruct entirely or in part passage along such walking areas, or any part thereof. (Code 1959, § 21-45; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-62 Inferior quality items in boxes, crates, etc.

Sec. 32-62. - Inferior quality items in boxes, crates, etc. 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 produce, merchandise or other commodity of a quality inferior to that with which such container is apparently filled. (Code 1959, § 21-46; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-63 Signs.

Sec. 32-63. - Signs. Each farmer, produce merchant or person, before doing business in the Farmers Market, 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 Farmers Market. (Code 1959, § 21-47; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-64 Sanitary bags, sacks required.

Sec. 32-64. - Sanitary bags, sacks required. All burlap bags, sacks, cloth or any other fabric, when used while wet to protect produce by persons utilizing the Farmers Market, must be thoroughly laundered and cleaned before being used for such purpose. The decision of the director as to the cleanliness of such fabric shall be final, and when he has determined that a fabric is too dirty for use on produce, the owner thereof must have such fabric laundered and cleaned before he shall be authorized to use the fabric. (Code 1959, § 21-48; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-65 Weights and measures.

Sec. 32-65. - Weights and measures. No person shall possess, use or permit to be used, a weighing device or measuring device, which has not been sealed by the State of Texas, Texas Agriculture Department Inspector of Weights and Measures, within one (1) year, in weighing or measuring any commodity which is offered for sale, exposed for sale, or sold, or in computing the charge for services rendered based upon weight or measure. (Code 1959, § 21-49; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-66 Health cards for employees.

Sec. 32-66. - Health cards for employees. Any person in the Farmers Market who shall handle produce, either as owner or employee, must have a health card, and such card must be prominently displayed in the stall or stalls. (Code 1959, § 21-50; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-67 Licenses, certificates; display.

Sec. 32-67. - Licenses, certificates; display. Produce licenses and other required certificates must be prominently displayed in stalls. Such licenses and other required certificates must be framed and hung on the wall of the stall. (Code 1959, § 21-51; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-68 Display, storage heights.

Sec. 32-68. - Display, storage heights. All farmers, produce merchants or persons must display their produce eighteen (18) inches or more above the ground. Persons with coolers must store all produce in coolers, or it must be covered and eighteen (18) inches above the ground. Persons with no coolers must store their produce, covered, at least eighteen (18) inches above the ground. Produce must not be stored higher than five (5) feet above the ground. (Code 1959, § 21-52; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-69 Garbage, refuse disposal; general conditions.

Sec. 32-69. - Garbage, refuse disposal; general conditions. All farmers, produce merchants or persons will dispose of all refuse. Refuse must be taken to designated garbage disposal areas. All persons are responsible for keeping their stall in a presentable and sanitary condition at all times. (Code 1959, § 21-53; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-70 Applicability of health provisions.

Sec. 32-70. - Applicability of health provisions. All stipulations of chapter 15 are applicable in the operation of the Farmers Market and will be enforced. (Code 1959, § 21-54; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-71 Non-produce-related items.

Sec. 32-71. - Non-produce-related items. Items not related to produce operations will not be sold or stored in stalls unless authorized by the director. (Code 1959, § 21-55; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-72 Bedding, sleeping in stalls.

Sec. 32-72. - Bedding, sleeping in stalls. There will be no bedding or sleeping allowed in stalls. (Code 1959, § 21-56; Ord. No. 50570, § 2, 3-29-79)

San Antonio City Code § 32-73 Assignment of existing leases.

Sec. 32-73. - Assignment of existing leases. (a) A tenant shall not assign the existing lease in the Farmers Market 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 recommendations by the city staff, 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. (b) In addition to the foregoing, until the expiration of one (1) year from the commencement date of the lease agreement of any new tenant in the Farmers Market Plaza, said tenant may not sell, assign, sublease, or otherwise transfer said tenant's business or any part thereof or any interest therein or transfer the lease agreement under which said tenant is leasing space in said Farmers Market Plaza to another party under any circumstances whatsoever, and thereafter, said tenant may not so assign, sublet, or otherwise transfer without first obtaining the written approval of the City of San Antonio, as evidenced by the passage of a City of San Antonio ordinance. In the event a tenant has been approved to purchase an existing business from either a new tenant or existing tenant of the Farmers Market Plaza and said approved tenant changes or alters the approved merchandise use of the leased premises at the Farmers Market Plaza without the prior written approval of the City of San Antonio, then the lease agreement will be immediately terminated. (Ord. No. 74896, § 1, 12-5-91; Ord. No. 79223, § 5, 11-23-93; Ord. No. 84164, § 5, 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_DIV2FAMAFetched: 10/27/2026