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HomeMy WebLinkAboutOrdinance No. 84-14 � � � �. , � � i� , � . , , , , r • � . ORDINANCE N0. 84-14 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FRIENDSWOOD, TEXAS, BY DELETING ARTICLE II OF CHAPTER 11 THEREOF AND SUBSTITUTING THEREFOR A NEW ARTICLE II OF CHAPTER 11 ; DEFINING, REGULATING, AND REQUIRING A REGISTRATION STATEMENT, IDENTIFICATION CARDS, AND FEES, APPLICABLE TO PEDDLERS, SOLICITORS, CANVASSERS, AND ITINERANT VENDORS GOING FROM DOOR TO DOOR, OR FROM PLACE TO PLACE WITHIN THE CITY OF FRIENDSWOOD; PROVIDING A PENALTY, AND PROVIDING FOR SEVER.ABILITY. � * * * � BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIEI`IDSWOOD, STATE OF TEXAS: Section 1. The Code of Ordinances of the City of Friendswood, Texas , is hereby amended by deleting Article II of Chapter 11 thereof and substituting therefor a new Article II to provide as follows : ARTICLE II PEDDLERS SOLICITORS CANVASSERS, AND ITINE VENDORS "Section 11-14. DEFINITIONS. For the purposes of this Article the following definitions shall apply: (1) PEDDLER. Any individual, firm, organization, or cor- poration, as well as their representatives, agents, and em- ployees , who engage in the business in the City of selling, offering for sale, or exhibition for sale of any commodity or service, from house to house or from place to place and not from one established spot. Delivery of the commodity or service is made or to be made at the time of sale. Collection of the sales price at time of sale or later is immaterial. This term shall not include individuals connected with a non-commercial or non-profit purpose or cause, as that phrase is defined in Article III of this Chapter. (2) SOLICITOR OR CANVASSER. Any individual, firm, organ- ization, or corporation, as well as their representatives , agents, and employees, who engage in the business in the City of taking orders for future delivery of commodities or ser- vices , or solicit subscriptions , orders, contributions, or any kind of support, for remuneration or gain, from house to house or from place to place. This term shall not include individuals connected with a non-commercial or non-profit purpose or cause, as that phrase is defined in Article III of this Chapter. (3) ITINERANT VENDORS. Any individual, firm, organiza- tion, or corporation, as well as their representatives, agents, and employees, who engage in a business in the City of selling, or offering for sale, any goods or merchandise, or exhibiting the same for sale, or for the purpose of taking orders for the sale thereof, who display, exhibit, sell, or offer for sale such goods, merchandise, or services upon or from a truck or other vehicle within the City, or who temporarily hire, rent, lease, or occupy any room or space in any building, structure , or other enclosure, or vacant lot in the City upon which such business is to be operated or conducted. This term shall not include individuals connected with a non-commercial or non-profit purpose or cause, as that phrase is defined in Article III of this Chapter. (4) COMMODITIES, GOODS, OR MERCHANDISE. Personal property of any nature whatsoever. (5) SERVICES. The performance of labor for the benefit of another, or at another's cornmand. (6) TEMPORARY BUSINESS. The business use of any real property in the City for which definite written arrangements with the owner have not been made for occupancy of the premises for a term in excess of ninety (90) days. Definite arrange- ments would include, without being limited to, a lease agree- ment or other document conveying an enforceable right of occupancy. (7) NON-COMMERCIAL OR NON-PROFIT PURPOSE OR CAUSE. A purpose or cause not created, existing, or espoused for the generation of a profit or the remuneration of individuals , including, but not limited to, the religious or charitable solicitation of contributions , seeking political support or -2- . � � � , contributions, the promotion of civic causes , the promotion of conservation of resources or animals, or advocating a philos- ophy or religion. "Section 11-15. EXEMPTIONS FROM ARTICLE II. (1) A peddler, solicitor, canvasser, or itinerant vendor conducting activities , as defined above, on the property of another by express, prior invitation of the owner thereof is exempt from the provisions of this Article. (2) A vendor selling or exhibiting for sale commodities, goods , merchandise, or services to persons engaged in the business of buying, selling, and dealing in the same within the City, is exempt from the provisions of this Article. (3) Minors conducting fund raising activities , who repre- sent an organization for the benefit of youths, including, but not limited to, boy scouts, girl scouts, little league groups, and school groups, are exempt from the coverage of this Article. (4) Persons conducting activities for or in behalf of a non-commercial or non-profit purpose or cause, as that term is defined herein. "Section 11-16. UNLAWFUL CONDUCT. It shall be unlawful for any peddler, solicitor, canvasser, or itinerant vendor to : (1) Conduct a business or related activities in the City without a valid registration certificate, as hereinafter pro- vided. (2) Conduct a business or related activities in the City without a valid identification card, as hereinafter provided. (3) Conduct a business or related activities without vis- ibly displaying the identification card issued to that indi- vidual. (4) Alter a registration certificate or identification card issued by the City. (5) Conduct a business or related activities within the City after the expiration of the registration certificate issued by the City. -3- (6) Conduct a business or related activities within the City different than described in the registration statement required by Section 11-17 hereof. (7) Provide false, inaccurate, or misleading information in the registration statement. (8) Use a vehicle or vehicles in the conduct of a business or related activities not identified in the registration state- ment. (9) Conduct a business from a location or locations within the City not listed in the registration statement. (10) Conduct a business selling, offering for sale, exhi- biting for sale, or taking of orders for delivery of any commodities, goods , merchandise, or services not listed and described in the registration statement. (11) Sell, assign, or transfer, or attempt to sale, assign, or transfer, a registration certificate or identification card. (12) Conduct a business, authorized under a registration certificate issued pursuant to this Article, on any public sidewalk, public street right of way, or other public property within the City, without written authorization from the City. (13) Conduct a business during hours other than those per- mitted by this Article. "Section 11-17. REGISTRATION STATEMENT. Prior to com- mencement of business and related activities by any peddler, solicitor, canvasser, or itinerant vendor, a registration statement shall be completed on a form provided by the City Secretary for that purpose, stating the following : (1) Name of applicant (person who completes the registra- tion statement) . (2) Height, weight, sex, and hair color, of applicant. (3) A recent color or black and white photograph of the applicant, no larger than two (2) inches by two (2) inches. (4) Social security number of applicant. (5) Permanent home address , and local address , if dif- ferent. -4- � .w. � _...�. ...�,.., (6) Applicant' s driver' s license number and state of is- suance. The City Secretary shall verify this infor- mation from the applicant 's license. If the applicant has no driver' s license other identification shall be provided. (7) Name of individual, firm, company, or organization represented, if any, and the permanent address and local address of any individual, firm, company, or organization represented. (a) The last four (4) communities in which business was conducted by the individual, firm, company or organization represented shall be listed, with the period (beginning and ending month/year) business was conducted in each community listed; and (b) If said applicant, or individual, firm, company, or organization represented is a CORPORATION incorporated under the laws of the State of Texas, the corporation shall provide a certified copy of the charter or articles of incorporation; or (c) If said applicant, or individual, firm, company, or organization represented is a CORPORATION incorporated under the laws of a state other than Texas, the corporation shall provide a certified copy of its certificate of authority to do busi- ness in the State of Texas. (8) Description, vehicle license number, and state of registration of each vehicle, if any, that will be operated under the registration certificate being applied for. (9) The name, height , weight, sex, hair color, social security number, permanent home address, and driver' s license number and state of issuance, for each indi- vidual who will be involved in business under the registration certificate. If an individual has no driver's license other identification shall be pro- vided. (10) Prior to issuance of the registration certi.ficate and identification cards provided for in Sections 11-18 and 11-19 hereof, each individual whose name is listed by the applicant shall present his driver' s license or other identification in person to the City Secretary for verification of the information provided by the applicant. (11) A recent color or black and white photograph of each individual who is listed by the applicant, no larger than two (2) inches by two (2) inches. (12) A description of the business and related activities to be conducted. (13) Character and description of commodities, goods, merchandise, or services to be offered for sale. (14) Location or locations from which business and other activities will be conducted. (15) Prior to issuance of the registration certificate and identification cards provided for in Sections 11-18 -5- and 11-19 hereof, the applicant, and each individual whose name is listed by the applicant, shall answer on the registration statement, or on an attachment thereto, whether he has ever been convicted of a felony or a misdemeanor involving moral turpitude. (16) Prior to issuance of the registration certificate and identification cards provided for in Sections 11-18 and 11-19 hereof, the applicant and each individual whose name is listed by the applicant, shall, on the registration statement, or attachment thereto, sepa- rately list and explain the nature of each and every conviction, whether for felony or misdemeanor of- fenses, other than convictions for misdemeanor traffic law offenses , and give the state where the conviction occurred, and the year of such conviction. (17) The term or period during which the business and activities will be conducted, not to exceed one hundred eighty (180) days. Upon expiration of the one hundred eighty (180) day period, or shorter period indicated by the applicant on the permit registration statement, the applicant must complete a new registra- tion statement, in accordance with the requirements of this Article if renewal is desired. Every registration statement shall be accompanied by a registration fee of five dollars ($5.00) to compensate the City for the cost of administration of this Article. A fee of two dollars ($2.00) shall be charged for replacement of a registration certificate. "Section 11-18. REGISTRATION CERTIFICATE. When all pre- requisites of this Article have been complied with, the City Secretary shall initiate appropriate action to process the application. The City Secretary shall make an appropriate investigation of an applicant, any person listed by the appli- cant, and any information provided. The City Secretary shall issue a registration certificate to the applicant authorizing the sale, offer for sale, taking of orders for sale, and exhi- bition, of commodities , goods , merchandise, and services within five (5) working days after the applicant has fully complied with all applicable provisions of this Article, subject to denial of registration certificate or identification card as outlined in Section 11-22 hereof. The registration certificate shall state the effective term, and the beginning and ending dates , not to exceed one hundred eighty (180) days. Upon expiration, the registration certificate may be renewed upon full compliance with the requirements of this Article. -6- � � :..n . f , . A registration certificate issued hereunder shall be per- sonal to the applicant and shall not be sold, assigned, or transferred to any other person, firm, corporation, or associa- tion. Any attempted sale, assignment, or transfer of a regis- tration certificate shall be grounds for revocation of the registration certificate. "Section 11-19. IDENTIFICATION CARDS. In conjunction with issuance of a registration certificate the City Secretary shall issue identification cards for each individual whose name is listed in the registration statement. The identification card shall be laminated in clear plastic, it shall have a metal clothing clip, it shall contain the photograph of the holder, and it shall state the holder's name, driver' s license number and state of issuance, and height, weight, sex, and hair color, of the card holder, the term of the permit, and the nature of the business and related activities. The card shall contain the following disclaimer of any endorsement by the City of Friendswood, to be placed in a conspicuous place upon such card: THE CITY OF FRIENDSWOOD, TEXAS, DOES NOT ENDORSE THE PRODUCT, SERVICE, OR ACTIVITY PROMOTED BY THIS CARDHOLDER. An identification card issued in accordance with this Article shall be personal to the card holder and shall not be sold, assigned, or transferred to any other person. Any at- tempted sale, assignment, or transfer of a identification card shall be grounds for revocation of the registration certificate and the identification cards issued thereunder. The City Secretary shall issue up to five (5) identifica- tion cards with the registration certificate without any ad- � ditional charge. The applicant may obtain additional or re- placement identification cards by paying to the City three dollars ($3.00) per card. "Section 11-20. DISPLAY OF IDENTIFICATION CARD. While conducting business covered by the registration certificate each identification card holder shall visibly display the identification card for identification by clipping the identi- -7- }� ' , fication card to the clothing of the holder, so that the iden- tification card is in plain view. "Section 11-21. INSPECTION. A representative of the City designated by the Chief of Police shall have the suthority to request admission to inspect, at a reasonable time without ad- vance notice, a business operating under a registration certi- ficate issued pursuant to this Ordinance, to determine whether the permit holder' s business and related activities are as represented in the registration statement. If such admission is denied, or if the Chief of Police deems it advisable, then said Chief shall have the authority to obtain a warrant, in accordance with applicable law, for the purpose of allowing the inspection. "Section 11-22. DENIAL OF P.EGISTRATION CERTIFICATE OR DENIAL OF IDENTIFICATION CARD TO SPECIFIED INDIVIDUAL(S) . The issuance of a registration certificate may be denied if: (1) any violation of this Ordinance, or other City ordi- nances or laws relating to the business or related activities to be conducted under the registration certificate applied for has been committed by any individual or individuals who would operate under said registration certificate ; or (2) false, inaccurate, or misleading information is con- tained in the registration statement; or (3) the applicant is overdue in payment to the City of taxes , fees , fines , or penalties assessed or imposed against him; or (4) the applicant fails to fully comply with applicable provisions of this article. Conviction of a felony or crime involving moral turpitude shall be grounds for (1) denial of issuance to that individual of a identification card, and/or (2) removal from the registra- tion statement on file with the City of any such person so con- victed and/or (3) denial of the right to conduct business covered by said certificate by any such person so convicted. Notice of a denial of a registration certificate, or denial of an identification card, to any individual, shall be given in writing, specifically setting forth the reason(s) for such denial, and what action will be required before a registration certificate can be issued. Such notice shall be served in person, or by depositing same in the United States mail , -8- } . ,.. � , . , - addressed to the applicant' s local address, if provided, or, to the permanent business or home address listed on the registra- tion statement. "Section 11-23. HOURS. Business conducted in accordance with this Article shall be carried out during Central Standard Time from 9:00 a.m. to 6:00 p.m. , and during Daylight Savings Time from 9:00 a.m. to 7:00 p.m. "Section 11-24. REVOCATION OF CERTIFICATE. The City may revoke a registration certificate if: (1) any violation of this Ordinance, or any violation of other City ordinances or laws relating to the business or related activities covered by the registration certificate is committed by any individual or indi- viduals operating under the registration certificate during the original term or renewal thereof; or (2) false, inaccurate, or misleading information is con- tained in the registration statement; or (3) conviction of a felony or crime involving moral turpi- tude. "Section 11-25. APPEAL OF DENIAL OR REVOCATION. An appli- cant or other individual who has been denied a registration certificate or identification card, or who has had a registra- tion certificate revoked, may appeal that action to the City Council by submitting a letter to the City Secretary's office within ten (10) days of the action complained of. A hearing on the denial will be scheduled for the next regular City Council meeting. The City Council will render its decision on the appeal at the meeting during which the appeal is considered. ARTICLE III "Section 11-26. PENALTY. Any person who shall violate any provision of this Article shall be deemed guilty of a misde- meanor and, upon conviction, shall be fined a sum not to exceed $200. Each day of violation shall constitute a separate of- fense. If business , fund raising, or communication under the provisions of this Article shall be conducted by a corporation, it shall be unlawful for any officer, agent , or employee of such corporation to cause or permit a violation of this Article." -9- • + � . � Section 2. SEVER.ABILITY. In the event any section, paragraph, subdivision, clause, phrase, provision, sentence, or part of this Ordinance or the application of the same to any person or circumstance shall for any reason be adjudged invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or invalidate this Ordinance �as a whole or any part or provision hereof other than the part declared to be invalid or unconstitutional ; and the City Council of the City of Friendswood, Texas, declares that it would have passed each and every part of the same notwith- standing the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. PASSED AND APPROVED on first reading this 18th day of June , 1984. PASSED AND APPROVED on second reading this 2nd day of July , 1983. PASSED, APPROVED AND ADOPTED on third and final reading this 6th day of August , 1984. �n'`� `�, Mayor ATTEST: . � City Secretary APPROVED AS TO FORM: ity ttorney -10-