Eagle Pass City Council Approves Ordinance Prohibiting New Flea Markets Except in Industrial Zoning Areas

By: Miguel Munoz, Eagle Pass Business Journal, Inc., Copyright 2018

The City of Eagle Pass, Texas City Council unanimously approved the first of three public readings of an Ordinance prohibiting new Flea Markets within the City Limits except in Industrial Zoning Areas while grandfathering existing conforming Flea Markets at their Tuesday, January 2, 2018, regular meeting. 

The City Council has grappled with the proliferation of Flea Markets within the City limits of Eagle Pass, particularly in the historic downtown area, during recent years.  The issue has been contentious among local downtown merchants and flea market operators. Downtown merchants allege that Flea Markets take significant sales and business opportunities from them without paying ad valorem property taxes and sales taxes.  Flea Market vendors and operators contend that they have a legal right to transact business within the City limits of Eagle Pass and are in compliance with State laws.

City Planning Director Vanessa Rosales advised City Council that the Ordinance was taken before the City’s Planning and Zoning Board at their December 19, 2017 regular meeting and the Board had approved the proposed Ordinance prohibiting new Flea Markets and recommended City Council to adopt the Ordinance with two adjustments. The Planning and Zoning Board recommended that the Ordinance be amended to increase the annual fee for a Flea Market from $125 to $500 and that the Grandfathered existing flea markets lose their conforming status if they cease operating as a flea market for 90 days instead of the proposed one year period.

The City Council accepted the two changes proposed and the recommendation to approve the Ordinance made by the City’s Planning and Zoning Board.

The Ordinance will undergo a second and third reading and approval process by the City Council before becoming final.