§ 19-111. Definitions.

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Certificate of occupancy. The term shall mean a written finding issued by the planning department stating that a building, premises or portion thereof and the proposed use of the building, premises, or portion thereof complies with the city's Code of Ordinances, including but not limited to the city's building and zoning regulations. The process for the issuance of a certificate shall be as set forth in Section 18, Appendix A, of City of Eagle Pass Code of Ordinances.

Flea market. The term shall mean any establishment which for a fee or remuneration of any kind permits two (2) or more persons to display for sale items including, but not limited to, wearing apparel, watches, jewelry, luggage, musical instruments, furniture, household appliances, automobile parts and accessories, hand tools, mechanical equipment, garden tools, hobby items, water heaters, pipes, electrical fittings, plumbing fittings, radios, television sets, bicycles, personal property, mobile food vendor carts operated in conformance with state, county, and city health and safety codes, and any and all kinds of used goods, wares and merchandise. A "flea market" shall not be considered a "second hand store" or "used clothes warehouse" as defined in Article IV of Chapter 20, as a flea market is not generally operated within the confines of a building.

Flea market operator license. The term shall mean the written approval by the city to conduct a flea market business pursuant to this article. A license shall not be issued unless accompanied by a certificate of occupancy.

Hard surface. The term shall mean a method of surfacing an access aisle within a flea market that is stable, firm, slip-resistant, and capable of being traversed in by a member of the disabled community, including walking or as facilitated through the use of a wheel chair, walker, or similar mobility assistance device in conformance with the provisions of the Americans with Disabilities Act (ADA). A stable surface is one that remains unchanged by contaminants or applied force so that, when the contaminant or force is removed, the surface returns to its original condition. A firm surface resists deformation by either indentations or particles moving on its surface. A slip-resistant surface provides sufficient frictional counter force to the forces exerted in traversing the aisle to permit safe ambulation or movement.

Operation. The term shall mean that period time during which sales activities are conducted.

Significant life, health, or safety issue. The term shall mean a circumstance which may result in permanent physical impairment, through injury or death.

(Ord. No. 2013-14, § 1, 8-6-2013)