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Schertz is hereby repealed, and the following Chapter 13 is enacted: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