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Texas is hereby repealed, and the following Chapter 13 is enacted: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:
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(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.
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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.
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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.
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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)
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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
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