On Feb. 28, the Bee Cave City Council denied a temporary vending permit to allow Planet K Texas to sell its merchandise outside of the former Trading Post Wine Bar & Grill building.

The unanimous vote to deny the temporary permit came weeks after a district judge issued a temporary restraining order against the city from interfering with Planet K's business. Planet K sells imported cigarettes, pipes, erotica and more.

"I think this is indicative of how polarized both parties have become," said Terry Irion, an attorney for AusPro Enterprises, the parent company of Planet K.

Since March 2011, Planet K has sought approval of a building permit to open inside the former Trading Post building. The city rejected multiple Planet K applications because they did not follow city ordinances, Bee Cave officials have said. A court is now expected to rule whether Planet K has a right to a building permit.

In December, Planet K began selling its products on the former Trading Post porch. More than 15 tickets have been given to Planet K employees for selling the store's merchandise outside without a permit.

On March 7, a judge is scheduled to determine whether to extend the restraining order against the city from interfering with Planet K's business, Irion said.

In violation of city ordinances?

The temporary vending permit considered by City Council would have lasted 30 days. Irion said Planet K was seeking a temporary vending permit to sell its goods outside because the business hoped to be able to open inside the building in the near future.

Councilman Bob Dorsett said it would be impossible for him to approve a temporary vending permit for Planet K since the business's outside vending operation is in violation of multiple city sign and light ordinances. The Planet K vending operation has Christmas lights, an inflatable Santa Claus and signs that do not follow city code, he said.

"We've sat here and we've watched ourselves deny sign applications, deny sign variance requests that didn't comply with statute, and to sit here and say, 'It's OK to grant this temporary permit knowing that we have these multiple violations of our existing ordinances' just cannot be reconciled," he said.

But Irion said the city had been unclear on what is permitted for a temporary vendor. Bee Cave has never issued a temporary vending permit, and Irion said the application did not exist until Feb. 13.

"This ordinance is not real well-thought out; it's not real comprehensive," he said.

Councilman Mike Murphy said he was hoping for a period of relative normalcy between Planet K and city leadership.

"I am a little disappointed that we don't seem able to move off the far ends of the fence posts on both sides," he said.