Recently, questions have come up regarding what is involved in setting up a business in Spur, or holding occasional sales such as fund-raisers and farmers’ markets.
We went to Spur mayor Louise Jones for answers.
Most prospective business owners understand that applying for a federal employer identification number (FEIN) for tax filing is done through the Internal Revenue Service, and that filing to form a corporation of any sort, including the start of a nonprofit organization, is done through the Texas Secretary of State. These matters are related to a business’s finances, employment responsibilities, and tax obligations, not to any city regulations.
Businesses conducting retail sales may also need to apply for a state sales tax number, and arrange to collect and remit sales tax; these are handled through the Texas Comptroller’s Office. And businesses liable for business personal property tax will receive an annual rendition form and bill through the county appraisal district.
But what about business licenses, permits, inspections, and food licensing?
That’s what we discussed with the mayor.
We started by confirming with Mayor Jones that the City of Spur does not require, or issue, any business license to do business here, as is the case in larger cities.
Mayor Jones also confirmed that setting up a retail food establishment comes under the Department of State Health Services (DSHS) and that there is no city or county permit authority in Spur or Dickens County. This means that food establishments should contact DSHS regarding regulations and permits, but the City has no authority to approve or disapprove a business on this grounds.
There are many local health departments in the State of Texas. You should contact your city or county office to determine if they permit facilities in your area. If not, then you are under Department of State Health Services (DSHS) jurisdiction and the following information is applicable. Contact your county or city code enforcement division regarding local building, plumbing, electrical, fire, and zoning requirements. —www.dshs.texas.gov/foodestablishments/startnew.aspx
However, information on the DSHS also mentions that code enforcement and zoning requirements may apply, and we asked the mayor to clarify the situation in Spur.
In Spur, we were told, a business of any size—small or large—can open up in any building or space in the commercial district for any kind of legal business.
“That is correct,” said Jones. “We wish there were more businesses in Spur, especially in the downtown area. We are not against any business opening.”
But in Spur city limits, outside of the commercial district, a business of any size—small or large, whether it’s a restaurant or anything else—must apply to the city council for a zoning variance.
We wondered where prospective businesses would learn about the zoning variance requirement and boundaries if they didn’t think to ask, and also asked how long are such a variance, if granted, would remain in effect.
“If someone wants to open a business outside of a commercial area, they must apply for a variance,” Jones explained. The long-standing procedure is that “a letter is sent to surrounding neighbors for their opinion on whether or not they want a business in their area. The (city) secretary can determine how many letters are sent.”
Spur’s commercial district encompasses Burlington Avenue (and selected blocks adjacent to it, such as Harris Street) as well as Hill Street. The map that indicates these boundaries is old and large, so those seeking to open a business may visit City Hall during business hours to consult it.
It’s worth noting that one of the goals of the Planning Grant for which the City has recent applied would be to create updated digital maps, including zoning maps, that could be posted online.
If the City were to become aware of any violation of zoning ordinances, the Codes Compliance officer would send a letter to the owner; failure to comply becomes a legal matter.
One last thing we asked the mayor about has to do with popup food service and farmers’ markets. Texas DSHS information indicates that state health and safety regulations for farmers’ markets do not apply in counties with a population of less than 50,000; and that a cottage food production operation is exempt from the requirements of a food service establishment and does not have to comply with the Texas Food Establishment Rules.
“The Spur Farmers’ Market has been doing a great job,” said Jones. “It’s good for people to get the right information for themselves.”
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