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HomeMy WebLinkAbout90-2834Amendment - Peddlers & Solicitors Ordinance ORDINANCE NO. 90-2834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS AMENDING THE PLAINVIEW CITY CODE, CHAPTER 7, ARTICLE 6, ENTITLED "PEDDLERS AND SOLICITORS." WHEREAS, the City of Plainview recognizes a measure of regulation is necessary to provide the citizens of Plainview with information relating to peddlers, itinerant vendors, and solicitors who solicit or canvass within the City of Plainview; and WHEREAS, the City of Plainview recognizes a measure of regulation is necessary to protect the citizens of Plainview from deceptive and dishonest' practices from those persons and organizations who solicit and canvass within the City of Plainview. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview that: Section 1: The Plainview City Code, Chapter 7, Article 6, entitled "Peddlers and Solicitors," is hereby amended to read as follows: 7-201 7-202 7-203 7-204 7-205 7-206 7-207 7-208 7-209 7-210 ARTICLE SIX PEDDLERS, ITINERANT VENDORS, AND SOLICITO~ DEFINITIONS ITINERANT VENDORS ON PUBLIC PROPERTY ITINERANT VENDORS ON PRIVATE PROPERTY; LICENSE REQUIRED; APPLICATION BOND REQUIRED DISPLAY OF LICENSE; UNAUTHORIZED USE AND REPRODUCTION ENTRANCE TO PREMISES RESTRICTED REVOCATION AND SUSPENSION APPEAL PROCEDURE EXEMPTIONS PENALTIES AND ENFORCEMENT 1 of 10 7-201. Definitions. As used in this Article, the following words and terms shall have the meaning ascribed thereto: Itinerant Vendor means any person, (whether or not a resident of the City) who engages in the transient business of selling goods within the City. The term "itinerant vendor" shall include any agent, independent contractor, employee, or other representative of any such person and peddlers or solicitors. Transient Business means the sale of goods in or on any real property within the city not owned, leased, or rented by such a vendor for a period of at least sixty (60) consecutive days. Sale or selling shall include the exchange of goods, wares, or merchandise in exchange for consideration, or the offer, exhibition, solicitation, or taking of orders for the sale of goods, wares, or merchandise, or the distribution of commercial printed matter in aid of any such sale. Goods means any goods, wares, merchandise, livestock, poultry, or other wild or domestic creatures, and all other tangible personal property of any nature whatsoever but shall not include natural, botanical, and agricultural products, food and beverages intended for human consumption, and securities, policies of insurance and other intangibles. Public property means any property open or devoted to public use or owned by the City, County, state or federal government, including but not limited to parks, buildings, sidewalks, streets, and public parkways. Person means any individual, association or other legal entity. corporation, partnership, Commercial printed matter means any printed or written matter, whether a sample, device, leaflet, circular, pamphlet, paper, or booklet, whether printed, or reproduced, or copied which: 1. advertises for sale any merchandise, product, commodity, or service; or 2. directs attention to a business or commercial establishment or other activity for the purpose of either directly or indirectly promoting sales; or 3. directs attention to or advertises a meeting, performance, exhibition, or event for which an admission fee is charged for private gain or 2 of 10 profit but does not include a meeting, performance, exhibition, or event for which an admission fee is charged or a collection is taken up only for the purpose of deferring expenses; or 4. while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor. 7-202. Itinerant Vendors on P-hlic Property. (a) Except as herein provided, it shall be unlawful for any itinerant vendor to sell any goods on public property or to display or distribute commercial printed matter in aid of any such sale. (b) It is a defense to prosecution under this section that the person selling goods on public property was: (1) doing so, in connection with official government business; or (2) doing so by authority of a contract, lease, or other agreement with the City, County, state or federal government to operate a business or concession on a designated area of public property; or (3) doing so under the authority of some other valid permit issued by the City. 7-203. Itinerant Vendors on Private Property; License ReceiPted; Application. (a) It shall be unlawful for any itinerant vendor to sell goods on private property within the City without an itinerant vendors license issued in accordance with the provisions of this article. (b) The license required by the preceding sub-part shall be secured prior to the actual sale, offer, exhibit, or solicitation of orders for the sale of goods by an itinerant vendor. (c) Application for an itinerant vendor's license may be secured during business hours at the Plainview Police Department, 108 W. 9th, Plainview, Texas 79072. 3 of 10 (d) Applications for an itinerant vendor's license must be complete, accurate, made on a form provided for that purpose by the Director of Public Safety or his authorized representative, with the signature thereon duly notarized upon the oath of said vendor that his/her answers are true and correct. (e) At the time of the application, each itinerant vendor shall provide, at a minimum, the following data for identification of such applicant and each employee, agent, or representative who will sell, offer, exhibit, or solicit orders on his/her behalf: (1) name; (2) address (residential and business); (3) social security number; (4) date of birth; (5) telephone numbers (residential and business); (6) name and address of the person, corporation, or other entity from whom goods, wares, or merchandise to be sold is secured (sources of goods); (7) recent photograph (not more than one year old) of applicant and all employees, agents,_ or representatives; (8) current drivers license number of applicant and all employees, agents, or representatives; (9) a brief description of the nature of the business and of the goods to be sold or services to be performed; (10) length of time for which the right to do business is required; (11) the fingerprints of the applicant; (12) the names of two references, as to the character and business responsibility of the applicant or, in lieu of such references, the means of obtaining evidence as to the applicant's character and business responsibility; (13) a statement as to any convictions of crimes, misdemeanors,or violations of municipal ordinances, the date, the nature of the offense, and the penalty assessed therefore; 4 of 10 (14) a statement that a license, if granted will not be used or represented as an endorsement by the City for solicitations thereunder. (f) Each application for an itinerant vendor's license shall be accompanied by a license fee of twenty-five dollars ($25.00) for the applicant and an additional fifteen dollars ($15.00) for each employee, agent, or representative of the applicant vendor who will sell, offer, exhibit, or solicit orders for the sale of goods, wares, or merchandise for or on behalf of the applicant vendor. (g) Each itinerant vendor shall be required to receive his/her license in person and acknowledge receipt therefrom on a form provided for this purpose by the Director of Public Safety. (h) Each itinerant vendor's license issued under this article shall be valid for a primary term of ninety (90) days from the date of issuance. (i) The primary term indicated in the preceding paragraph may be extended once for an additional ninety (90) days by filing a renewal application on a form provided for this purpose by the Director of Public Safety prior to the expiration date of the primary license term. (j) Each renewal application shall be accompanied by a license renewal fee of fifteen dollars ($15.00) for each applicant vendor and an additional ten dollars ($10.00) for each employee, agent, or representative selling, offering, exhibiting or soliciting orders for the sale of goods on behalf of the applicant vendor. (k) A license issued under the authority of this article constitutes a purely personal privilege which may not be sold, assigned, or otherwise transferred and shall not inure to the benefit of a person other than the original licensee. (1) The Director of Public Safety shall receive all applications and review such applications for compliance with the provisions of this article. After the passage of five complete business days from the date an application is submitted to the Director of Public Safety, and if the Director of Public Safety has no evidence that answers to the questions on the application are other than stated on the application and the application is determined to comply with the provisions of this article, then said license shall be issued to the applicant. If the Director of Public Safety determines that any question on the application has been answered falsely or that the application does not comply with all of the provisions of this article, then in that event, the license shall not be issued and the applicant shall be so informed and given, in writing, the reason for non-issuance. 5 of 10 7-204. Bond Required. Every applicant shall file with the Director of Public Safety, before a license is issued, a bond in the amount of one thousand dollars ($1,000.00) executed by the applicant as principal and a surety company authorized to do business in the State of Texas running in favor of the City, and any person who may have a cause of action against the principal for any malfeasance, misfeasance, or deceptive practice in the conduct of such solicitation or canvass. Said bond shall further require that the principal shall fully comply with all provisions of the state and city laws regulating the business of solicitors or canvassers, and that all monies paid as a down payment or donated will be accounted for and applied according to the representation of the solicitor or canvasser and further that the property ordered or sold will be delivered or the services will be performed according to the undertaking of the solicitor or canvasser. Any person injured by the applicants/principals failure to account for the monies received, deliver the goods ordered or sold, or performed the services promised, shall have in his/her own name, a right of action on said bond against both the principal and surety. 7-205. Display of License; Unauthorized Use and Reproduction Prohibited. (a) A license issued under this article shall be prominently displayed in a conspicuous place such that the same may be easily read at any time during the sale, offer, exhibition, or solicitation of orders for the sale of goods. (b) It shall be unlawful for any itinerant vendor or employee, agent, or representative of such itinerant vendor to sell goods in the City without prominently and conspicuously displaying his itinerant vendor license as required in the preceding sub-part. (c) It shall be unlawful for any person to present, display, or to sell goods within the City under the authority of an itinerant vendor's license issued to another. (d) It shall be unlawful for any itinerant vendor to fail or to refuse to display or exhibit his/her itinerant vendor's license or other identification upon request by the Director of Public Safety or his/her designee, any member of the Plainview Police Department, or Code Enforcement officer. (e) It shall be unlawful for any itinerant vendor to sell goods under the authority of a false, counterfeit, invalid, or altered itinerant vendor's license. 6 of 10 7-206. Entrance to Premises Restricted. (a) It shall be unlawful for any itinerant vendor to enter upon any private premises when such premises has posted a sign stating "No Peddlers Allowed" or "No Solicitations Allowed" or other words to such effect. (b) Any itinerant vendor who enters upon a premises owned, leased, or rented by another and refuses to leave such premises after having been notified by the owner of such premises, or his/her agent, to leave the same and not return to such premises, shall upon conviction, be deemed guilty of a misdemeanor. (c) It is expressly provided that violation of this seCtion shall be grounds for suspension and/or revocation of a license. 7-207. Revocation and Suspension. A license issued under this chapter may be suspended or revoked by the Director of Public Safety if the following conditions are found: (1) fraud, misrepresentation or false statement contained in the application for the license; (2) fraud, misrepresentation or false statement made in the course of carrying on the business of the soliCitor or canvasser; (3) any violation of this article; (4) conviction of any crime involving moral turpitude, or conducting the business of soliciting or canvassing in an unlawful manner or in such a manner as to constitute a breach of the peace or so as to constitute a menace to the health, safety, or general welfare of the public. Notice of suspension or revocation of a license shall be in writing and mailed to the licensee at the address of record on the original application and shall be effective as of the date of the writing. 7-208. Appeal Procedure; Final Decision. (a) Any person aggrieved by the denial, suspension, or revocation of an itinerant vendor's license herein may appeal such action within ten (10) days from the date thereof in the manner and in accordance with the following procedures: 7 of 10 (1) an appeal in writing must be submitted to the City Manager's office stating the grounds therefore. (2) City Manager's office shall issue a decision within three (3) calendar days regarding the decision rendered by the Director of Public Safety. City Manager's office shall have the authority to grant, deny, modify, or overrule the Director of Public Safety's decision in regard to the issuance of the license. (3) the decision of the City Manager's office shall be final. ~7-209. Exemptions. This article shall not apply to the following activities: (1) Non-retail sales. Sale of goods by manufacturer or wholesaler to a retailer or to another wholesaler having a permanent place of business within; or (2) Religious and charitable sales. Sale of goods by any religious, charitable, philanthropic, scholastic, or eleemosynary institution, organization or association; or (3) Arts and crafts fairs. Sale of goods at an arts and crafts fair or similar event held: (a) within a structure on private or public property that is entirely enclosed; and (b) with no outside display of goods, wares, or merchandise; and (c) in compliance with all zoning, health and sanitation, and other applicable codes; or (4) Sale of goods in connection with a home occupation lawfully conducted in accordance with the law; or (5) Insurance, securities, other intangibles. The sale of insurance contracts, securities, or other intangibles; or (6) Produce. The sale of raw agricultural products, flowers or produce; or 8 of 10 (7) Garage Sales. The sale, offer, exhibition or solicitation of orders for the sale of goods at a "garage sale" held on a private residential premises and in compliance with local ordinances; or (8) Newspapers, periodicals. The sale of newspapers or periodicals from a stationery, coin operated machine properly situated so as not to obstruct or impede pedestrian or motor vehicle traffic and in compliance with local law; or (9) Food Products. The sale of food, beverages, or other commodities intended for human consumption by authority of a permit issued by the Plainview - Hale County Health District or otherwise in accordance with all laws, ordinances, and regulations applicable thereto; or (10) Non-commercial printed matter. The sale or distribution of printed matter that is not commercial printed paper, including but not limited to newspapers, magazines, books, et cetera, which such sale is otherwise than from a coin operated machine as described in the above sub-part. 7-210. Penalties and Enforcement. (a) Any person violating any provision of this article is guilty of a misdemeanor and, upon conviction, shall be punished as provided in Chapter 1, Section 1-5, for each offense. (b) Each sale, offer, exhibition, solicitation, taking of orders or distribution of commercial matter in aid of the sale of goods in violation of this article shall constitute a separate offense. (c) The Director of Public Safety, his/her authorized designee, any officer of the Plainview Police Department or any Code Enforcement officer is authorized to issue a summons and citation as applicable for violations of this article. Section 2: Conflicts. Ail ordinances or parts of ordinances in conflict with this article are hereby repealed to the extent of such inconsistency. Section 3: Cumulativeness. Provisions of this chapter are cumulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating or governing the subject matter herein. 9 of 10 Section 4: Severability. Should any section, sub-section, or any portion hereof be deemed invalid for any reason, such holding shall not render or invalidate any other section, sub-section, sentence, provision, clause, phrase, or word severable therefrom and the same shall be deemed severable for this purpose. Section 5: Publication. This ordinance shall become effective from and after the date of its passage and publication according to law. PASSED AND APPROVED this the 14th day of August, 1990. E.V. Ridlehuber, Mayor ATTEST: Carla Reese, City Secretary APPROVED AS TO CONTENT: Y / , ~D.i of Public Safety APPROVED AS TO FORM: D. Blackburn, City Attorney 10 of 10