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with this ordinance are hereby repealed.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