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2003L16-CHAPTER 13ORDINANCE NO. ~" L - ~ AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS; REPEALING CHAPTER 13 OF THE CODE OF ORDINANCES OF THE CITY OF SCHERTZ, RELATING TO PEDDLERS, SOLICITORS AND INTINERANT MERCHANTS, WITHIN THE CITY OF SCHERTZ; AND ADDING A NEW CHAPTER .13 "PEDDLERS AND SOLICITORS"; ESTABLISHING A PENALTY; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, Section 1. Chapter 13 of the Code of Ordinances of the City of Schertz is hereby repealed, and the following Chapter 13 is enacted: CHAPTER 13 PEDDLERS AND SOLICITORS ARTICLE I- DEFINITIONS; PURPOSE; GENERAL PROHIBITIONS; EXCLUSIONS Sec. 13-1 Definitions (a) Interstate commerce- means soliciting, selling or taking orders for, or offering to take orders for any goods, wares, merchandise, magazines, or other things of value, which at the time the order is taken are in another state or will be produced in another state and shipped into the City in fulfillment of such order. (b) Canvasser- means any person compiling information and/or conducting a poll from house-to-house, business-to-business, or in a public place. (c) Itinerant merchant- means any person, firm or corporation as well as agents, or employees thereof, who or which engage in the temporary or transient business of selling, exhibiting, or offering for sale in the City any goods, merchandise, services, photographs, magazines, or other things of value, or exhibits same for the purpose of taking orders thereof, and who or which, for the purpose of carrying on such temporary or transient business, either rents, leases, or occupies without renting or leasing, any room or space in any building or structure or in any space, enclosed or unenclosed, upon any private premises within the City. (d) Peddler- means any person who engages in a temporary business within the City limits by carrying goods or merchandise and who sells or offers for sale for immediate delivery such goods or merchandise from house-to-house, business-to-business or upon public property; a merchant shall be considered temporarily in business and a peddler unless it is the intention of such merchant to remain continuously in business at each location where the merchant is engaged in business in the City as a merchant for a period of sixty (60) days or more. (e) Solicitor- means any person who solicits or attempts to solicit, from house-to-house, business-to-business or upon public property, orders for services, commercial goods, wares, merchandise, subscriptions, or publications to be delivered at a future date or time. A "canvasser" is a solicitor. (f) Temporary business- means any business transacted or conducted in the City, in, upon, or through or from any private premises for which no definite arrangement for legal right of occupancy therefore has been made in advance of such use and occupancy. (g) Transient business- means any business described above under "itinerant merchant" conducted or operated by any person, or his agent or employees, who resides away from the City or who has a fixed place of business headquarters outside the City, or who moves stocks of goods, wares, merchandise or other things of value into the City, or samples thereof into the City with the purpose or intention of removing them or the unsold portion thereof away from the City before the expiration of six (6) months. Sec. 13-2 Purpose This Chapter shall be deemed an exercise of the police power of the state and of the City for the public safety, comfort, welfare, convenience and protection of the City and citizens of the City, and all of the provisions hereof shall be construed for the accomplishment of that purpose. Sec. 13-3 General Prohibitions (a) It shall be unlawful for any person to engage in peddling or soliciting within the City between the hours of 6:00 p.m. and 10'00 a.m. or at any time on Sunday. (b) It shall be unlawful for any solicitor to solicit, take orders for, or offer to take orders for any goods, wares, merchandise, magazines or other things of value without first making application for and obtaining a peddlers' and solicitors' permit from the City Manger. (c) It shall be unlawful for any itinerant merchant, to sell, offer for sale, or exhibit for the purpose of selling or the taking of orders for the sale thereof, any goods, wares, merchandise, service, photographs, magazines or any other thing of value without first making application for and obtaining a peddlers' and solicitors' permit from the City Manger. Sec. 13.4- Exclusions from Applicability of this Chapter The provisions of this Chapter shall not apply to the following: (a) Commercial agents dealing with local business establishments in the usual course of their business; (b) Insurance salesman, real estate agents, and others licensed by the State of Texas; (c) Vendors of farm produce or agricultural products when the vendor himself produces such produce or products; (d) Persons engaged in religious or political speech, which does not include the sale of any item or the solicitation of contributions. (e) Persons engaged in the distribution of handbills or flyers for services, commercial goods, wares, merchandise, subscriptions, or publications to be delivered at some future date, who do not engage in face-to-face contact with prospective customers or clients. ARTICLE II PERMITS Sec. 13-5 Application for Permit Each person applying for a peddler's and solicitor's permit under this Chapter shall make application on a form to be supplied by the City, which shall include the following information' (a) Name of the applicant with a permanent address and local address, if any; (b) The age and sex of the applicant; (c) The name and address of the person, firm or corporation the applicant represents; (d) The nature of the goods, merchandise, or other things of value which are to be offered for sale, or for which orders are to be solicited; (e) The names of all cities in the State of Texas where the applicant has worked in the previous ninety (90) days; (f) The license number of the vehicle, if any, which the applicant intends to use in the course of work while in the City; (g) Whether the applicant, upon sale or order, shall demand, receive or accept payment or deposit of money in advance of final delivery; (h) Whether the applicant has ever been convicted of a felony or misdemeanor involving moral turpitude; and (i) The period of time during which the applicant wishes to solicit or sell in the City. Sec. 13.6 Investigation (a) Each applicant shall submit the information required, together with an investigation fee described in Exhibit 1, which will be used to help defray the expense of investigating the applicant to verify the statements on the application and shall not be refundable. Exception: Charitable Organizations and their Representatives shall be required to go through an investigation, but shall not be required to pay fees provided in this section. (a) It shall be the duty of the chief of police or his designee to investigate each applicant and to make a report thereof to the City Manager before issuance of a peddler's and solicitor's permit. Sec. 13.7 - Performance Bond If the application shows that the applicant intends to demand, receive, or accept payment or deposit of money in advance of final delivery, the applicant shall deliver, with the application described in Section 13.5, a bond in the sum of one thousand dollars ($1,000.00) executed by such applicant as principal and by a surety company licensed to do business in the State of Texas, or a cash bond in the same amount. Where two (2) or more applicants represent the same person, firm or corporation, only one bond shall be required. ~ec. 13.8 - Issuance or Denial (a) It shall be the duty of the City Manger to issue or refuse to issue a peddler's and solicitor's permit applied for under this Chapter no later than two (2) weeks from the time a complete application is filed (including the bond, if required). A peddler's and solicitor's permit shall be in the form shown in Exhibit 2. (b) A peddler's and solicitor's permit issued hereunder shall be valid for ninety (90) days, after which the holder thereof must reapply pursuant to Section 13-5 if the holder desires to continue to solicit in the City. Sec. 13.9 - Fees (a) If the City Manager approves an application, the applicant shall pay a fee as outlined in Exhibit 1 upon issuance of the peddler's and solicitor's permit. No permit shall be issued for more than ninety (90) days or before all fees as required by this Chapter have been paid. (b) Charitable organizations and their representatives shall obtain permits as provided in this Chapter but shall not be required to pay the permit fee provided in this Section. Sec. 13.10 - Appeal of Denial If the City Manager denies a peddler's and solicitor's permit to any applicant, the applicant may appeal such denial by written request or reconsider filing with the City Manager within seven (7) days of such denial, providing such additional information as the applicant believes is pertinent to the City Manager's reconsideration of such denial. The City Manager shall deny the appeal or issue the permit within seven (7) days of receiving a request to reconsider. Sec. 13.11 - Underage Solicitors No person under the age of sixteen (16) may solicit in the City unless accompanied by a person who is eighteen (18) years of age or older. Sec. 13.12- No Solicitation Notices Any person may request a "No Solicitation Notice" in the form of Exhibit 3 issued by the City. When such a "No Solicitation Notice" has been affixed in a conspicuous place within five {5) feet of the front door of any residence or business, it shall be unlawful for any person to solicit at such residence or business, notwithstanding that such person may have a peddler's and solicitor's permit issued under this Chapter. ARTICLE III - CLAUSES Sec. 13-13 - Penalty Any Person who shall violate any of the provisions of this Chapter shall be deemed guilty of a class C misdemeanor and upon conviction thereof shall be punished by a fine not to exceed more than two hundred dollars ($200.00). Each day any violation of the Chapter shall continue shall constitute a separate offense. Sec. 13-14 - Effect of Headings The Section headings herein are for convenience only and shall not affect the construction hereof. Sec. 13-15 - Inconsistent Provisions All ordinances and resolutions or parts thereof, which are in conflict or inconsistent with any provisions of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Specifically repealed is Ordinance No. 03-L-01. Sec. 13-16 - GoverninE Law This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Sec. 13-17 - Severability If any provisions of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Ordinance would have been enacted without such invalid provision. Sec. 13-18 - Construction of Terms If appropriate in the context of this Ordinance, words of the singular number shall be considered to include the plural, words of the plural number and shall be considered to include the singular, and words of the masculine, feminine, or neuter gender shall be considered to include the other genders. Sec. 13-19 - Incorporation of Preamble Recitals The recitals contained in the preamble hereof are hereby found to be tree, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as part of the judgment and findings of the City Council of the City. Sec. 13-20- Public Meeting It is officially found, determined, and declared that the meeting at which this Ordinance is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Ordinance, was given, all as required by Chapter 551, as amended, Texas Government Code. Sec. 13-21 - Effective Date This Ordinance shall be in full force and effect from and after its final passage and it is so ordained. Approved on first reading the ~¢day of 7~ ~, ,2003. PASSED, APPROVED AND ADOPTED the day of .2003. · Schertz, Texas ATTEST: City Secretary, City of Schertz, Texas Investigation Fee: $10.00 Permit Fee (90 days)' $30.00 Exhibit 2 Peddler's and Solicitor's Permit [Add form of Permit] CITY OF SCHERTZ~ TEXAS SOLICITORS PERMITS Solicitors Permit No. Last Namc First Namc Middlc Name company Name Address, City, ST Date Issued Date Expired Receipt No. City Official Applicants Signature Exhibit 3 No Solicitation Notice [Add form of Notice] ! CRIME WATCH NO SOL/C/TING (ORD-NO City of Schertz Inspection Dept 1400 Schertz Parkway Schertz, TX 78154 (210) 65S-7477, Fax (210)65S-9627 Investigation Fee $10.00 Receipt No: Solicitor Fee $30.00 Permit No: Date: Date: APPLICATION FOR PERMIT TO PEDDLE OR SOLICIT WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ, TEXAS, DONE IN ACCORDANCE WITH CHAPTER 13, ARTICLE II, SEC. 13-14 OF TIlE CODE OF ORDINANCES. 1. Name: Phone No: 2. Address: 3. Permanent Address: 4. Company or Finn Name: 5. Company or Firm Address' 6. Full description of Goods, Wares, Merchandise, Tokens or other Merchandise you desire to sell. Will you, upon sale or order, demand, receive or accept payment or deposit of money in advance of final delivery? YES NO 8. Dates of Solicitation: STARTNG: ENDING: Identifications Statistics on apphcant DOB: B. AGE: C. SEX DL NO: E. STATE OF ISSUE: LICENSE NO. OF VEHICLE TO BE USED: Have You Ever been arrested or convicted of a felony or a misdemeanor? If Yes, Explain List cities where you worked m the last 90 days' Do you have advertising or solicitation materials (handouts, brochures, etc.) that you will provide the residents? If so, submit copies with this application for permit. I have read and am fully aware of the provisions of Chapter 13 of the Code of Ordinances of the City of Schertz. Revised 12- 2002 21 14. I agree that the City may conduct 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 inquires to the Texas Depamnent of Public Safety and the National Crime Information Center; and, taking into account all facts available, the City Manager shall determine whether to approve or disapprove this application. An application is denied shall have the right to appeal that denial to the City Manager within 10 days from date of denial. Date Signature of Applicant BUILDING OFFICIAL Review and Comment: Approved Disapproved Date Building Official POLICE DEPARTMENT Review and Commem: Date Police Personnel Signature CITY MANAGER Approved Disapproved Date City Manager Signature SOLICITING DOOR TO DOOR: PERMIT: Permit must be in solicitors possession at all times when conducting business within the city limits of the City of Schertz. HOURS: 10:00 AM to 6:00 PM- Monday through Saturday. SUNDAYS- NO DOOR TO DOOR SOLICING IS PERMITTED. Form: Adm 2 page 2 Revised 12-02 THE STATE OF TEXAS, County of Guadalupe PUBLISHER'S AFFIDAVIT ~\~ ,~ ~,~~~ Before me, the undersigned authority, on this date personally appeared Mike Edd!eman , known"to me, who, being by me duly sworn, on his oath deposes and says that he is the Managing Editor of The Seguin Gazette- Enterprise, a newspaper published in said countT; ~at a ¢~py of the within and foregoing notice was published in said newspaper / time(s) before the return day named therein, such publications being on the following dates' and a newspaper copy of which is hereto attached. BY. THE~'~"~'" C~ , Swam to and subscribed before me this A.D., 2003. /~'~-~, ay of / PASSED, APPROVED AND ADOPTED THE ~' 'daY of '~JUNE :aX)&. Notary Public, Guadalupe County, Texas