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1990L23- PEDDLERS' AND SOLICITORS' ORDINANCE NO. C/d -L-~.3 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; PROVIDING THAT THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS BE AMENDED BY REVISING CHAPTER 13, ARTICLE II, SECTION 13-14(b)(S) AND (7) AND SECTION 13-14(e) PEDDLERS' AND SOLICITORS' PERMITS; AND REPEALING ALL ORDINANCES IN CONFLICT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, I THAT the Code of Ordinances, City of Schertz, Texas be amended by revising the following: "Chapter 13 ARTICLE II. REGISTRATION AND PERMITS Sec. 13-14. Peddlers' and solicitor's permits. (b)(S) The names of any cities where the applicant has worked in the previous ninety (90) days. (b)(7) Whether the applicant has ever been arrested or convicted of a felony or misdemeanor. (e) Issuance or denial. It shall be the duty of the City Manager to issue or refuse to issue a permit applied for under this section not later than two (2) weeks fran the tiIre the application is filed and bond, if required, is recieved. An applicant whose appeal that denial of denial." application is denied shall have the right to to the City Manager within 10 days fran date II THAT all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. APPROVED on first reading the j 1 day of CJ ~.-- PASSED, APPROVED AND ADOPTED this theLday of 1990. 1990. ATTEST: (SEAL OF CITY) CITY OF SCHERTZ I APPLICATION FOR PERMIT TO PEDDLE OR SOL1CIT WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ, TEXAS, DONE IN ACCORDANCE W1TH AND UNDER CHAPTER 13, ARTICLe II, SEC. 13-14 OF THE CODE OF ORDINANCES. 1. NAME: 2. ADDRESS: 3. PERMANENT ADDRESS 4. COMPANY OR FIRM NAME 5. COMPANY OR FI RM ADDRESS: 6. FULL DESCRIPTION OF GOODS, WHICH YOU DESIRE TO SELL. _ PHONE: PHONE: WARES AND MERCHANDISE OR OTHER ARTICLES OR TOKENS 7. WILL YOU, UPON SALE OR ORDER, DEMAND, RECEIVE OR ACCEPT PAYMENT OR DEPOSIT OF MONEY IN ADVANCE OF FINAL DELI VERY YES NO 8. DATES OF SOLICITATION: STARTING EN 01 N G 9. NO SOLICITING BETWEEN HOURS OF 6 PM and 10 AM AND ALL DAY SUNDAY. 10. IDENTIFICATION STATISTICS ON APPLICANT: A. DOB: B. AGE: C. SEX: D. DRIVER'S LICENSE NO. & STATE OF ISSUE: E. LICENSE NUMBER OF VEHICLE TO BE USED: 11. HAVE YOU EVER BEEN ARRESTED OR CONVICTED OF A FELONY OR A MISDEMEANOR? If YES, EXPLAIN 12. LIST CITIES WHERE YOU WORKED IN LAST 90 O~.YS 13. 00 YOU HAVE ADVERTISING OR SOLICITATION MATERIALS (HANDOUTS, BROCHURES, ETC.) THAT YOU WILL PROVIDE THE RESIDENTS? IF SO, SUBMIT COPIES WITH THIS APPLICATION FOR PERMIT. 14. I HAVE ReAD AND AM FULLY AWARE OF THE PROVISIONS OF CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ. 15. I AGREe THAT THE CITY MAY COND~CT AN INVESTIGATION OF MY BACKGROUND TO CONFIRM THE INFORMATION ON THIS APPLICATION THROUGH MEANS WHICH ARE READILY AVAILABLE TO IT, INCLUDING BUT NOT LIMITED TO INQUIRIES TO THE TEXAS DEPARH1ENT OF PUBLIC SAFETY AND THE NATIONAL CRH1E INFORMATION CENTER: AND, TAKING INTO ACCOUNT ALL FACTS AVAILABLE, THE CITY MANAGER SHALL DETERMINe WHETHER TO APPROVE OR DISAPPROVE THIS APPLICATION. ! AN APPLICANT WHOSE APPLICATION IS DENIED SHALL HAVE THE RIGHT TO APPEAL THAT DENIAL TO THE CITY MANAGER WITHIN 10 DAYS FROM DATE OF DENIAL. DATE: ==========================================~~~~~I~B~=Qf=~~~k~~~~I================== APPROVE 0 DISAPPROVED DAle CIIY MANAGER ,'t "'." ". ~ ., I FULBRIGHT & .JAWORSKI 300 CONVENT STREET. SUITE 2200 SAN ANTON 10. TEXAS 78205 HOUSTON WASHINGTON, D.C. AUSTIN SAN ANTON 10 DALLAS LOS ANGEL.ES LONDON ZURICH FUL.BRIGHT .JAWORSKI & REAVIS MCGRATH NEW YORK TELEPHONE: 512/224-5575 TELECOPIER: 512/224-8336 June 22, 1990 RE: Application for Peddlar/Solicitor's Permit Mr. Kerry R. Sweatt City Manager P.O. Drawer 1 Schertz, Texas 78154 Dear Kerry: I enclose the application which you sent to me on which I have marked my suggested changes. As we discussed earlier today, two questions have occurred to me which I have asked one of our summer clerks to investigate. First, could an applicant successfully challenge the denial of a permit based on the fact of a prior arrest (but not conviction) for a crime? Second, if the City learns of a prior arrest for a crime but issues a permit anyway, and a crime occurs "in the course" of door-to-door solicitation, would the owner of the affected property have an action against the City? I'll let you know shortly the results of the research, and we can decide if further changes should be made in either the application or Chapter 13 of the Code. Very Michael L. Spain MLS/mjw/3723Z Enclosure