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2003L01-REPEAL CHAP 13 SOLICITO ORDINANCE NO. ~,~ - ,~ - ~ / 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 REPLACING WITH A NEW CHAPTER 13, "PEDDLERS AND SOLICITORS"; PROVIDING A PENALTY CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT, Chapter 13 of the Code of Ordinances of the City of Schertz, Texas is hereby repealed, and the following Chapter 13 is enacted: CHAPTER 13 PEDDLERS AND SOLICITORS ARTICLE I - DEFINITIONS; PURPOSE; GENERAL PROHIBITIONS; EXCLUSIONS Sec. 13.1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: -3- (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; and (d) Persons engaged in religious or political speech, which does not include the sale of any item or the solicitation of contributions. 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 pervious 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 Investiiiatlon (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. Such fee shall be paid at the time of 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. (b) 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. 8cc. 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. Sec. 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 of 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. -5- 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 filed 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. 13.1 1 - Underage Solicitors No person under the age of eighteen (18) 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. -6- ARTICLE III - PENALTIES 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. ARTICLE IV - REPEALING CLAUSE Sec. 13.14 - RepeAling Clause All ordinances in conflict with the provisions of this ordinance or the provisions of new Chapter 13 of the Code of Ordinances are hereby repealed. Specifically repealed are Ordinance No. 75-L-19 and Ordinance No. 90-L-23. ARTICLE V - SEVERABILITY Sec. 13.15 - Severabtlity Clause All sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable. If any such section, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid in any court of competent jurisdiction in a valid judgment or decree, such unconstitutionality or invalidity shall not cause any remaining section, paragraph, sentence clause or phrase of this Ordinance to fall or become inoperative. ARTICLE VI - EFFECTIVE DATE Sec. 13.16 - Effective Date This Ordinance shall be in full force and effect from and after its final passage and it is so ordained. -7- AND ADOPTI~D this the ~_~ay of ~t~,, PASSI~D, APPROVED Mayor, City of Schertz, Texas ATTEST: City?ecrdtart~, City of S-chertz, Texas (SEAL OF CITY) -8- Exhibit 1 Investigation Fee: $10.00 Permit Fee (90 days): $30.00 i CITY OF SCHERTZ, TEXAS SOLICITORS PERMITS Solicitors Permit No. Last Name First Name Middle Name Company Name Address, City, ST Date Issued Date Expired Receipt No. City Official Applicants Signature CITY OF SCHERTZ, TEXAS CONTRACTOR LICENSE License No, Last Name F~rst N~me Middle Name Con-~any Name Address Date Issued Date E~plres Receipt No. CRIME WATCH NO SOLICITING (ORD. NO. . City ofSche~z Inspechon Dept 1400 Sche~z Parkway Scheft, TX 78154 (210) 658-7477, Fax (210) 658-9627 Investigation Fee $10.00 Receipt No: Date: _ Solicitor Fee $30.00 perrmt No: 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 THE CODE OF ORDINANCES. 1. Name: Phone No: 2. Address: 3. Permanent Address: 4. Company or Firm Name: 5. Company or Fmn 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 paymem or deposit of money in advance of final delivery? YES NO 8. Dates of Solicitation: STARTNG: ENDING: Identifications Statistics on applicant 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 in the last 90 days:_ Do you have advertising or solicitation materials (handouts, brochures, etc.) that you will provide the residents? If so, ~ubmit copies with lhis 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 application through means which are readily avafiame to n, ~nctuamg uuL ,~,, ........... -~ Department of Public Safety and the National Crime Information Center, and, taking mto account all facts avadable, the City Manager shall derermine 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 BuildnigOfficial POLICE DEPARTMENT Review and Comment: Date Police Personnel Signature CITY MANAGER .Approved Disapproved Date City Manager Signature SOLICITING DOOR TO DOOR: PERMIT: penmt 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 nimo, Quality Fum, Chi- camber 26th, 2002.. CY ($9,743.00) Said P~aintiff's ORIGI- Anr~ na & G~ass, Antiques, Hardware & Tools. Ffi, JAMES BEHRENDT, NAL NOTICE OF SEiZ- ty Sat, & Sun 8am-3pm. DISTRICT CLERK URE AND INTENDED rice affe~ MENT AND RE-IN- GUADALUPE FORFEITURE bid time oi 2:30 p m, yESTMENTZONES. CSP No. munications COUNTY Petition was flied in wil~ be returned Chop- COURTHOUSE said court on APRIL 15, ened. Approved on first read- plant for th 101 E. COURT ST. 2002 by les in9 the 7th day of Janu- Steele High tit January AN ORDINANCE/ SEGUiN, TEXAS ALLISON LANTY The City of Seguin re- ary, 2003. 78155 113 S. RIVER, STE Ali sen/es the right to re- Mary Ybarra, Deputy 2:00p.m. (:~Oj~ City Secretary BY THE CiTY - BY DIANA 205 ject any and all bids CIL OF THE CI~.?~F' HERNANDEZ,~Deputy SEGUIN, TEXAS and to waive informali- ~C).J~dl[ propos~ SCHERTZ, T[~(AS, ORDiNAN(~ENOi: 78155 ties. The City Council's ORDINANCE elivered t REPEALING CHAP- A brief statement of the 03-L-01 ~ ~'_..,.~CISD, Pure TER 13 OF THE CODE 02-A-27 nature of this.soil isas decision will be final ~ 1060 El OF ORDINANCES OF [r*~liows, to-wit; BY THE CITY COUN- Schertz, ORDINANCE PRO- ~ ORIGINAL NOTICE OF cit~ of Seguin THE CITY OF AN ClL OF THE CiTY OF on or bef SCHERTZ RELATING VlDING~R THE EX- '~SEIZURE AND IN- INVITATION OF SCHERTZ, '[T~XAS RE- and time TO PEDDLERS, SO- TENSION OF THE TENDED FORFEI- BID PEALING CHAPTER the propo~ LIClTORS AND ITIN- SOUNDRY LINE OF TURE ERANT MERCHANTS THE CITY OF as is more fully shown The SCUCISD will ac- 13 OF THE CODE OF dooument~ ORDINANCES OF able on WITHIN THE CITY OF SCHERJ-Z, TEXAS BY by Plaintiffs Petition on cept bids for Classreom , file in this suit. Issued Furniture IFS //03-336 THE CITY OF ary 13th,, SCHERTZ RELATING rices of C SCHERJZ; AND ADD- THE ANNEXATION OF and given under my -n lNG A NEW CHAPTER until 3:00 P.M. on Jan~- 13, "PEDDLERS AND CERTAIN TERRITORY hand and seal of said ~1~ SOLICITORS", ES- OWNED BY HILL- Court, at office in Se- The[i ary 31, 2003. Proposals TO pEDDLERS, SO- ing, 8626 ver~; ~ may be obtained at the LICITORS AND ITIN- Suite 405 l,P~ TABLISHING A PEN- STAR INVESTMENTS, guin, Texas, this De- ~l ERANT MERCHANTS, Texas 78 REPEALING LTD.; DECLARING AN camber 26th, 2002. qu i sCUCISD Purchasing WITHIN THE CI~/ OF ect requ ORDI- EMERGENCY; AND sea~ Department, 1060 EIbel SCHERTZ AND RE- tractor to ch~l' PROVIDING RELATED MA'FI'ERS. JAMES BEHRENDT, Rdad, Schertz, Texas DISTRICTCLERK co~ orlby carling the Put- PLACING WITH A test, NEW CHAPTER 13, Commur SEVERABILITY; GUADALUPE mat~ chasing Dept. at 210- ,,pEDDLERS AND SO- Plant pre ESTABLISHING Passed, Approved and COUNTY Thel 94~-6223. LICITORS"; PROVID- Industry EFFECTIVE DATE. Adopted the 30th day of COURTHOUSE es[~ on first read- December 2002. 101 E. COURT S'[ ~v '~ NOTICE OF lNG A PENALTY Structun SEGUIN, TEXAS ~ch ~, SALE CLAUSE; pROVIDING tern. Fo the 17th day of De- Mary Ybarra, Deputy 78155 feidhl M(~Queeney Mini Stor- A REPEALING tails pi 2002. C_ity~ecretary BY Diana Hemandez, '781~ age, in order to Satisfy CLAUSE; pROViDING Althouse, City CAUSE NO. 02- Deputy Intei a Landlords lian against A SEVERABILITY -- -- its tenants, R. Soto CLAUSE; AND PRO- 0583-CV CiTY OF SEGUIN sbeu #13, T. Winkley #21, J. rIDING AN EFFEC- ~ CAusE No. CITATION BY Pro[~ Roddquez # 26, U. TIVEDATE. ~ 02-0583-CV PUBLICATION NOTICE OF Bid Try- CITATION BY THE STATE OF PUBLIC will i NiCbels //30, J, gonigro -," PUBLICATION TEXAS HEARING SDeCi~ L #40, G. Har[iman #41, Passed, Approved and te THE STATE OF TO: Fernando Prado ~ R.*. Garganta #95, S. Adopted the 17th day of (2 202Arkansas The Planning and Zon.. Rca Hdfacher #128, L. Ca- January2003. TEXAS Ave. lng Commission of the 781~ madllo Jr. #138, L .Da- Mary Ybarra, Deput~ Lam(ID, Texas City of Seguin, Texas 04i vi~/J. D~vis #M17. J. CitvSecret~ln/ · ~ ' TO: Rogolio Carrera 78040 will hold a public heap addlt · ' 602 Reynolds lng on a request for a requ Apartment82 Defendant, Greeting: specific use perreit on ph~ · It Laredo, Texee78040 "You have been sued. Tue§day, January 14, You may employ an at- 2003, at 5:30 p.m. in - Defendant, Greeting: tomey. If you or your at- the Council Chambers "You have been sued, tomey do not file w~en at City Hall, 210~ E. { You may employ an at- answer with the clerk Gonzalas St., Se, guin, ', tomey. If you or your at- · · ~-~,- · '