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HomeMy WebLinkAbout2018-4043 - Ordinance - 09/27/2018ORDINANCE NO. 2018-4043 AN ORDINANCE AMENDING CHAPTER 8, “BUSINESS,” ARTICLE V, “HOME SOLICITATION AND ITINERANT VENDORS,” DIVISIONS 1 AND 2 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS RELATING TO HOME SOLICITATION; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Divisions 1 and 2 of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2018-4043 Page 2 of 9 PASSED, ADOPTED and APPROVED this 27th day of September, 2018. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2018-4043 Page 3 of 9 EXHIBIT A That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 1 “Generally” Sec. 8-185 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: DIVISION 1 GENERALLY Sec. 8-185. - Time and manner for conducting home solicitations. (a) A person commits an offense if the person conducts or attempts to conduct (either personally or through an agent), a home solicitation at a residential premises: (1) Before 9:00 a.m. or after 9:00 p.m. of any day, Monday through Sunday; or (2) At any time on any Federally observed holiday. (b) It is a defense to prosecution under Subsection (a) of this section that the visit to the residential premises resulted from the owner or occupant's request or appointment. ORDINANCE NO. 2018-4043 Page 4 of 9 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-209 (a) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: DIVISION 2. - HOME SOLICITOR REGISTRATION Sec. 8-209. - Required; defenses. (a) A person commits an offense if that person: (1) Personally, by an agent, or as the agent of another, engages in a home solicitation without a valid certificate of registration or home solicitor identification badge issued to the person under this division; (2) Engages in a home solicitation by using an agent who does not hold a valid certificate of registration or home solicitor identification badge issued under this division; or (3) Engages in a home solicitation by acting as an agent of another person who does not hold a valid certificate of registration or home solicitor identification badge issued under this division. ORDINANCE NO. 2018-4043 Page 5 of 9 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-210 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-210. - Application; fee; expiration; non-transferability; material changes. (a) To obtain a certificate of registration to conduct home solicitations, a person must file a written application with the City Manager or designee on the City-issued form. The application must include the following information regardless if the applicant is an individual or company: (1) The applicant's name, address, and telephone number and if an individual his or her date of birth, even if the individual is acting as an agent or submitting the application for the applicant. (2) If the applicant is a company the title of each of its officers and date and place of incorporation or location of the business establishment. (3) The name, address, date of birth and telephone number of each person conducting home solicitation in the City for the applicant. (4) A photograph of the applicant and of each person soliciting taken within the preceding twelve (12) months, which clearly depicts the applicant's facial features. (5) The applicant's and each person soliciting date of birth and proof of driver’s license including the driver's license number and the issuing state or if the person does not have a driver's license, proof of a government issued personal identification card with the government number, the person’s photograph and date of birth. (6) The names of other cities or jurisdictions in which the applicant and each person soliciting has worked as a home solicitor in the past twelve (12) months and if the person was an agent of different companies in the other cities or jurisdictions, the names of those companies. (7) The nature, character, and quality of the goods or services to be advertised, offered for sale, or delivered as part of the home solicitation. (8) Whether the applicant and each person soliciting, upon obtaining an order for goods or services, will demand, accept, or receive payment or a deposit of money in advance of final delivery of the goods or services. (9) The dates, times, and locations for which the applicant and each person soliciting proposes to conduct home solicitations in the City. (10) An outline of the method to be used in conducting the home solicitations. (11) Whether the applicant and each person soliciting has been convicted of any crime listed in Section 8-211 within the time period listed in Section 8-211 and the applicant's and each person soliciting signed consent authorizing the City to obtain a criminal history report on the applicant and each solicitor. (12) Proof that the applicant and each person soliciting possesses all licenses or permits required by this Code or by State or Federal law for the operation of the proposed business. (13) If the applicant is an agent of an individual or company, sufficient written proof of the applicant's authority to represent and act on behalf of the individual or company. (14) If a company, proof of applicant's compliance with State or Federal law for the operation of the proposed business, to include Texas Labor Code ch. 51, as amended. ORDINANCE NO. 2018-4043 Page 6 of 9 (15) Any other information the City Manager or designee determines necessary to the enforcement and administration of this article. (b) Any application filed under this section must be accompanied by a nonrefundable registration or renewal fee and identification badge fees for each home solicitor established in Section 2- 117. (c) Upon expiration, the registrant may apply for a registration renewal in the same manner prescribed by this division for a new registration. (d) Neither a certificate of registration nor an identification badge is transferable from one person to another, but: (1) Both may be used by the registrant to act as an agent for different individuals or companies during the registration term if the City Manager or designee is notified in accordance with this section; and (2) A registrant under Subsection (a)(1) of this section may request additional copies of the certificate of registration at the time of issuance so that each agent may comply with the display requirements of this section. (e) A registrant shall notify the City Manager or designee within five days after any material change in the information on the application during the registration term. A material change includes, but is not limited to: (1) When a registrant becomes an agent for another individual or company; (2) When a registrant terminates an individual's authority to serve as the registrant's agent; (3) A change in the nature, character, and quality of the goods or services; or (4) A change in the dates, times, and locations proposed for conducting home solicitations in the City. (f) A certificate of registration expires thirty (30) days after the issue date. The registration may be renewed for a successive (30) thirty day period, if the application is made within the previous thirty (30) day registration period. Before expiration, the registrant may apply for a registration renewal in the same manner prescribed by this section for a new registration, submit a renewal fee and identification badge fees. ORDINANCE NO. 2018-4043 Page 7 of 9 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-211 (c) and (d) of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-211. - Issuance, denial, and display of registration; identification badge. (c) Upon issuing a certificate of registration, the City Manager or designee shall issue the registrant and each person soliciting an identification badge. At all times the registrant and each person soliciting is conducting home solicitations in the City, the registrant shall prominently display the identification badge on the registrant's clothing and maintain the certificate of registration on the registrant's person. The registrant shall allow the certificate of registration and the identification badge to be examined upon request by the City Manager or designee, any Police Officer, any City Code Enforcement Officer, or the owner or occupant of the residential premises on which a home solicitation is being conducted. (d) If a City-issued home solicitor's identification badge is lost, mutilated, or destroyed, the City Manager or designee shall issue the registrant or each person soliciting a duplicate identification badge upon payment of a duplicate badge fee established in Section 2-117. ORDINANCE NO. 2018-4043 Page 8 of 9 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-212 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-212. - Suspension. (a) The City Manager or designee may suspend a certificate of registration for a definite period of time not to exceed thirty (30) days if the City Manager or designee determines that: (1) A violation of this Code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, by the registrant or the registrant's agent has occurred; or (2) The registrant or a representative authorized to supervise the registrant's agents has failed to establish policy and take action to discourage, prevent, or correct violations of this article by agents. (b) The City Manager or designee shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the suspension and notifying the registrant of the right to appeal. A timely request for appeal by the registrant stays the effect of the suspension unless the City Manager or designee determines that an emergency exists. (c) For purposes of this section, an emergency exists if the City Manager or designee determines that a violation has occurred and constitutes an imminent and serious threat to the public health or safety. In case of an emergency, the City Manager or designee may order the registrant or the registrant's representative to correct the violation immediately or cease home solicitations to the extent the City Manager or designee determines is necessary to abate the threat until the violation is corrected. ORDINANCE NO. 2018-4043 Page 9 of 9 That Chapter 8, “Business,” Article V, “Home Solicitation and Itinerant Vendors,” Division 2 “Home Solicitor Registration” Sec. 8-213 of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read as follows: Sec. 8-213. - Revocation. (a) The City Manager or designee shall revoke a certificate of registration if the City Manager or designee determines that: (1) The registrant or an agent of the registrant, individually or cumulatively, has been convicted in any court of two violations of this Code or any other law concerning the sale or distribution of goods or services, or the distribution of commercial printed matter, within a twelve (12) month period. The fact that a conviction is being appealed has no effect; (2) The registrant has given false or misleading information of a material nature or has withheld material information on the application or in any hearing concerning the application or registration; (3) The registrant or an agent of the registrant has intentionally or knowingly or otherwise impeded a lawful inspection by the City Manager or designee, his or her authorized representative, or any representative of another department who has the authority to inspect the registrant and the registrant's business procedure; or (4) A cause for suspension under Section 8-212 (a) or (b) occurs and the certificate of registration has been suspended within the preceding twelve (12) months. (b) The City Manager or designee shall send to the registrant by certified mail, return receipt requested, a written statement setting forth the reasons for the revocation and notifying the registrant of the right to appeal. (c) If the City Manager or designee revokes a certificate of registration, the fee already paid for the registration will be forfeited. A person whose certificate of registration has been revoked under this section may not apply for or be issued a new registration for a period of one year after the date the revocation took effect, except that, if the City Manager or designee determines that the basis for the revocation has been corrected, the person may apply for and be issued a new certificate of registration if at least ninety (90) days have elapsed since the date the revocation took effect.