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HomeMy WebLinkAbout1987-O-09 - Repealing Chapter 11, Article 2 oft eh Code of Ordinances - Peddler Solicitor PermitORDINANCE NO. 1987-9 AN ORDINANCE REPEALING CHAPTER 11, ARTICLE II, OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVTT.T.F. AND ENACTING A NEW AND DIFFERENT PEDDLERS AND SOLICITORS ORDINANCE: DEFINING A "PEDDLER/SOLICITOR"; REQUIRING A PERMIT, APPLICATION, COMPLIANCE WITH LAWS AND A BOND OF ALL PEDDLERS/SOLICITORS; PROVIDING FOR A FEE FOR A PERMIT; REQUIRING THE PERMIT TO BE CARRIED OR DISPLAYED; PROVIDING FOR EXPIRATION AND REVOCATION OF THE PERMIT; PROVIDING FOR A FINE IN THE AMOUNT OF TWO -HUNDRED DOLLARS ($200.00) FOR EACH VIOLATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, many itinerant merchants have been caning into the city; and WHEREAS, the City has no assurance that these merchants are reporting the sales made in Stephenville to the State Canptroller; and WHEREAS, the City is losing sales tax revenue because of this practice; and WHEREAS, the citizens of Stephenville need to be protected from itinerant merchants because the citizens have no recourse if they are cheated because such merchants move away quickly; and WHEREAS, the City owes a duty to its citizens to protect then from un- desireable itinerant merchants and to insure that such merchants have cxnplied with all applicable laws; and WHEREAS, the City Council finds and determines that itinerant merchants should be regulated in order to protect the health, safety and welfare of the citizens of Stephenville, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVIId,E: Article II of Chaper 11 of the Code of Ordinances of the City of Stephenville is hereby repealed. CHAPTER 11 - ARTICLE II - PEDDLERS AND SOLICITORS SECTION ONE DEFINITIONS: The word "person" as used herein shall include the singular and the plural and shall also mean and include any person, firm, or corporation, association, club, co -partnership, or society, or any other organization. The tern "peddler" and the term "solicitor", as used in this article, shall include all peddlers, solicitors, canvassers, itinerant merchants, transient vendors and other persons who either go from place to place in the city or call places in the city by telephone or other means of can- munication soliciting, selling or taking orders for or offering to sell or trade or take orders for any goods, wares, merchandise, services, coupons or tickets for goods or services, meats, fish, vegetables, fruits, farm products or provisions, photographs, newspaper or magazines or subscriptions thereto or who, without traveling from place to place, sell the same or offer the same for sale or trade or take orders for the same from a wagon, motor vehicle, trailer, or other type of conveyance or from any vacant lot, tract or parcel of land or parking lot or area or from any temporary building or structure. No person firm, or cor- poration unless exempted hereunder shall conduct mobile or roadside vending operations upon property owned or controlled by any public or governmental agency or on property dedicated for public purposes including streets, ways, roads, highways, or parkways adjacent thereto whether improved or unimproved, or upon property used or reserved for use as railroad right-of-way and easements of any public utility. A non-profit or charitable organization or any person participating in an exhibition or event sponsored by a non-profit or charitable organization shall be exempt from the application of this section, provided prior approval is obtained from the proper officials of the City not less than 72 hours prior to event. This term shall not include residents of the City of Stephenville who sell their wan property or offer their services at their residence, per- sons who sell items at established places of business in the City, at established markets or at charitable functions, professional salesman or jobbers wholesaling wares to businessmen on a regularly established route, persons offering for sale agricultural products, meats, poultry or other articles of food grown or produced by such persons, or estate sales. SECTION 1WO PERUT REQUIRED; It shall be unlawful for any person to engage in business as a "peddler" or "solicitor" in the City without first obtaining a permit to do so from the City Secretary. SECTION THREE 'ION: Any person desiring a permit required by this article shall file an application therefor with the City Secretary including the following information: a. Full name and description of applicant; b. Applicant's address (legal and local); 1. The name and address of the employer; 2. If a vehicle is to be used, a description of same, together with license number and any other means of identification. c. The type of products, merchandise or service to be sold, disposed of or peddled and brief description of the same; ri d. A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor; e. A statement that all the information supplied in the application by the applicant is the truth; f. Statement that the applicant will accurately report all Stephenville sales to the appropriate state agency. Statement of gross sales to be reported back to the City Secretary. Failure to do so may result in denial of future permits. g. Proof that the applicant has received a Texas limited sales and use tax permit; h. In the case of peddlers where any type or form of food is to be peddled or sold, the applicant shall file with his application a statement by a licensed physician of the City of Stephenville, dated not more than ten (10) days prior to submission of the appli- cation, certifying the applicant to be free of contagious, infec- tious, or communicable disease. a • 58 1. This Chapter shall not be held applicable to the following persons upon satisfactory proof to the City Secretary that they actually belong to the following classes: A. Sales by persons having an established place of business in town. B. Sales by farmers and gardeners of the produce of their farms and gardens; sale, distribution and delivery of milk, teas, coffee, spi- ces, groceries, meats and bakery goods; newspapers, sales on appro- val, conditional sales of merchandise and any other person or sales which may be exempt by laws of the State of Texas; C. Sales of goods or merchandise donated by the owners thereof, the proceeds thereof to be applied to any local charitable, religious, or school organizations. D. Sales of merchandise to dealers and business establishments for resale; SECTION FIVE BDND OF APPLICANT: Each application for a permit under this article shall be accompanied by a bond in the penal sum of One Thousand ($1,000.00) dollars signed by the applicant, and signed, as surety, by some surety company authorized to do business in the state. The bond shall be conditioned for the n final delivery of goods, wares, merchandise, services, photographs, j magazines and newspapers in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers of any and all defects in material or work- manship that may exist in the article sold by the principal at the time of delivery, and that may be discovered by the purchaser or customer within thirty (30) days after delivery. Such bond shall be for the use and benefit of all persons that may make any purchase or give any order to the principal on the bond or to an agent or employee of the principal. o O The fee for a permit under this article shall be based upon the length of time for which the permit is issued as follows: 1. 1 day thru 7 days $ 20.00 2. 30 days thru 90 days $100.00 SECTION SEVEN ISSUkNCE: CONTENTS: After an applicant for a permit under this article has complied with all the provisions and requirements of this article, the City Secretary, or his/her designated agent, shall issue to him a permit certifying that the applicant has complied with this article, upon the payment of the fee prescribed by Section Six. No such permit shall be issued until the applicant therefor has complied with all provisions and requirements of this article. SECTION EIGHT PERMIT TO BE CARRIED ON PERSON AND DISPLAYED: It shall be unlawful for any peddler/solicitior to engage in any activity for whi a license is required by this article unless he is displaying such license on his person or it is displayed at the place of sale. SECTION NINE HOLM OF BLBINESS: It shall be unlawful for any peddler/solicitor to whom a permit is issued to peddle or sell, or to solicit and/or take orders for goods, wares, merchandise, or services of any kind, subscriptions to magazines or newspapers, photographs to be taken in the future, or any article for future delivery, to go from house to house and from place to place or on the court house square, public market, or any street or sidewalk or alley in the City before eight o'clock (8:00) A.M. , or after seven o'clock (7:00) P.M. Such person shall not go to the back doors of any house or dwelling in the City. DC i %V NO USE OF VEHICLE BY SOLICITIOR/PEDDLER SUBJECT TO REGULATION: A peddler/solicitor using a vehicle shall have no exclusive right to any location on public streets or public property, shall not be per- mitted to operate in any congested area or any area where his operation might impede or inconvenience the public. For the purpose of this article, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested, or the public impeded or inconvenienced. A permit issued under this article shall automatically expire and be void at the end of the period for which issued and it shall thereafter be unlawful for the holder of such permit to engage in any activity men- tioned in Section One without obtaining a new permit. SECTION TWELVE REVOCATION OF PEE14IT• APPEAL: 1. Permits issued under the provisions of this ordinance may be revoked by the Chief of Police of the City of Stephenville after notice and hearing, for any of the following causes: a. Fraud, misrepresentation or false statement contained in the application for permit; b. Fraud, misrepresentation or false statement made in the course of carrying on his business as a peddler; c. Any violation of this ordinance; d. Conviction of any crime or misdemeanor involving moral turpitude; e. Conducting the business of peddling in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public; f. Any violation of laws governing the peddler's business or the sale of products by such business or any violation of any con- sumer protection laws. 2. Notice of hearing for the revocation of a permit shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his address given in the applica- tion for permit at least five (5) days prior to the date set for hearing. SECTION THIRTEEN DUTY OF POLICE TO ENFORCE: Jail ITY" It shall be the duty of any police officer of the City of Stephenville to enforce the provisions of this Ordinance against any person found to be violating the same. The Chief of Police shall report to the City Secretary all convictions for violation of this Ordinance and the City Secretary shall maintain a record for each license issued and record the reports of violation therein. a • a• t:�4xy�l Any person or business entity violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon con- viction shall be punished by a fine not to exceed two -hundred dollars ($200.00) for each offense and each day shall be a separate and complete offense. SECTION FIFTEEN SEVERANCE CIA[SE• If any section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this Ordinance, or the Ordinance as an entirety, it being the legisla- tive intent that this Ordinance shall stand nothwithstanding the invali- dity of such section, sentence, clause or phrase. SECTION SIXTEEN All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. EFFECTIVE DATE: ATTEST: SECTION SEVENTEEN This ordinance shall have effect and be in full force fran and after its passage and publication as provided by law. PASSED AND APPROVED this day of , 1987. Larry Ha ett, Mayor