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HomeMy WebLinkAbout1983-1469 - Ordinance - 11/22/1983ORDINANCE NO. 14G9 AN ORDINANCE AMENDING CHAPTER 4, SECTIONS I AND 2 OF THE BUSINESS CODE OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO ITINERANT VENDORS AND TEMPORARY OR TRANSIENT BUSINESS SOLICITATIONS; PROVIDING FOR REGULATIONS OF HANDBILL DISTRIBUTORS; AND RENUMBERING REMAINING SECTIONS 3-13. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That Chapter 4, Sections 1 and 2 of the Business Code of the City of College Station, Texas, is hereby amended to read as follows: "SECTION 1: SOLICITORS, ITINERANT VENDORS, HANDBILL DISTRIBUTORS A. Definitions 1. "Itinerant Vendors" shall mean any person(s) or business entity establishing a place of business in the City of College Station on a temporary basis. The term shall include without limitation a. all roadside sales locations located in or on rights-of-way, b. outdoor sales booths, c. set ups, d. tailgate sales, e. truckload sales and tent sales, f. all door-to-door sales locations, all sales from "moving vehicles", g. auctions, either private or public, and h. all indoor sales of a temporary nature not conducted in a retail establishment 2. "Temporary" shall mean any business transaction in the City of College Station for which definite arrangements have not been made for hire, rental or lease of a structure conforming to the codes and ordinances of the City of College Station for at least one month. 3. "Solicitors" shall mean any person(s) or business entity conducting a business within the City of College Station, without a fixed location or place of business. The term shall include all door-to-door sales persons and any agent or representative doing business by calling in person upon ~otential customers, without appointment, for retail sales. Ordinance No. 1469 4. "Retail sales" shall mean a sale to the ultimate consumer or user of any goods or services intended or sold for personal, family or household use, as distinguished from commercial or business use. 5. "Charitable organizations" shall mean any organization holding a certificate of exemption from Federal Income Tax or State Sales or Franchise Taxes. 6. "Charitable sales" shall mean the sale by a charitable organization to the ultimate consumer or user of goods or services whereby the proceeds are intended to be applied to the charitable organization either for the purpose of maintaining the organization or benefiting others. 7. "Charitable Contribution" shall mean the donation of any money, property, or anything of value, or the pledge of a future donation of money, property or anything of value; or the sale or offer for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications or brochures upon the representation, expressed or implied, that the proceeds of such sale will be used for a charitable purpose as such term is herein defined. Expressly excluded from the meaning of "charitable funds" is membership in any organization. Charitable Contribution shall include anything received as a result of a request for donations by a charitable organization, said funds used for the purpose of either sustaining the charitable organization or benefiting others. 8. "Solicit Charitable Contributions" shall mean a request for any charitable funds. A solicitation of charitable funds is complete when the solicitation is communicated to any individual, then located within the corporate limits of the City. 9. "Charitable Purpose" shall mean philanthropic, religious or other non-profit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any religious or church society, sect group or order; the benefit of a patriotic or veterans association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. The term "charitable purpose" shall not be construed to include the direct beneflt of the individual making the solicitation. Nor shall the term "charitable purpose" be construed to include the benefit of any political group or political organization which is subject to financial disclosure under Federal or State law. 10. "Moving Vehicle" sales shall mean any sales made from a vehicle that stops as it moves down a road. 11. "Auctions" shall mean all sales made by bids received through an auctioneer. Exempt are estate sales conducted by a Ordinance No. 1469 Court-appointed administrator or independent executor, personally or through a licensed auctioneer. 12. "Christmas tree sales" shall mean sales made by a charitable organization of Christmas trees during the Christmas holiday season, November and December. 13. "Commercial Handbills" shall mean any printed or written matter in the form of a circular, leaflet, pamphlet, paper, or any other printed or otherwise reproduced original or copies of any matter or literature which tends primarily to accomplish the following: a. Advertises for sale of any merchandise, product, commodity, or thing; or ms Directs attention to any business or merchantile or commercial establishment, for the purpose of either directly or indirectly promoting the interest of the sales; or Directs attention to or advertises any meeting, theatrical performance, ex- hibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. 0 While containing reading matter other than advertising matter, it is pre- dominately and essentially an advertise- ment and is distributed or circulated for advertisement purposes. 14. "Handbill Distributor" shall mean any person(s) or business entity distributing handbills within the City of College Station. This term shall include all distributions that are made door to door and any distributions that are made on or in motor vehicles. 15. "Parking lot" shall mean any area covered by asphalt, cement or other material designed and suitable for the purpose of parking vehicles and actually used for same or approved by the Project Review Committee or Planning and Zoning Commission, or their successors in function, as a parking lot. 16. "Interstate commerce" shall mean the sale of goods that are brought directly from another state to be delivered to the ultimate consumer. Goods that are warehoused or otherwise stored within this state are not considered to be within interstate commerce. B. License and A~lication Ordinance No. 1469 1. Every itinerant vendor, solicitor or handbill distributor shall have a license. Licenses shall be issued by the City of College Station Police Department, Special Services Office. 2. An applicant shall apply for a license on a form promulgated by the City of College Station, which form shall supply the following information: Name of the Applicant Legal name of the business entity, if any State of incorporation or filing of a partnership or articles of association Sales tax number Local phone number Permanent location, address and phone number Names of employees Permanent addresses of employees Date of Birth Driver's license number Location of birth for all individuals involved in sales activity Copy of Charter or Articles of Incorporation and current listing of directors, partners or principles (any company listed on the American or New York Stock Exchange is exempt from this requirement) A copy of applicant's sales tax permit, where required Copy of permits to do business in Texas for Foreign Corporations If the business is not door to door or person to person then: Copy of written permission to locate in the area proposed if private pro- perty; or permit if public property and permission is required. A listing of the kind, amount and character of goods or services to be sold A description and diagram of the location including parking avail- ability, street access, location and amount of space to be utilized and sign to be displayed A description of vehicle for moving vendor or statement that the itin- erant vendor/solicitor will sell door to door -4- 0~3 Ordinance No. 1469 If the action is to be a solicitation of funds, then a description of that purpose will be set out in the appli- cation If applicable, a statement that the goods are in interstate commerce and a statement as to the location of the goods at this time and the last location of the goods A statement under oath that each individual applicant: Has no unpaid civil judgments against him or her in any State or U.S. possession which arise from a business activity which would have been covered by this ordinance if in effect at the time in the jurisdic- tion where such judgments are of record. Has not been convicted of a property crime (theft, larceny, burglary, criminal mischief, or criminal trespass, their common law equivalents or any lesser included offenses) or a crime of violence (rape, murder, assault, their common law equivalents or any lesser included offenses) in any State or U.S. possession within the last ten (10) years. Ce The individual has read and is familiar with Article 5069-13, The Texas Home Solici- tation Act. A bond in the sum of not less than One Thousand and No/100 ($1,000.00) Dollars, executed by the Itinerant vendor, solicitor, or handbill distributor with two or more good and sufficient sureties satisfactory to Special Services Commander which bond shall be payable to the Mayor of the City of College Station, and his successors in office for the use and benefit of any person or persons entitled thereto, and conditioned that the principal and sureties will pay all damages to persons caused by or arising from or growing out of any action of the intinerant vendor, solicitor or handbill distributor while conducting business in the City of College Station, Texas. The bond shall remain in full force and effect for the entire duration of the license permit provided herein and for two full years after such license permit expires. 3. An employer may seek a license for itself covering all of its employees, but shall supply at least forty-eight (48) -5- Ordinance No. 1469 hours prior to sales activities by any individual the following individual information, accompanied by the signature of the employees affirming under oath the accuracy of such information. Each employer shall sign a statement on the application that it recognizes the individual licensed under its license as employees and not as independent contractors and accepts the responsibilities imposed by State Law for the acts of its employees. Every person who is an independent contractor shall be separately licensed and shall meet the requirements of paragraph number 2 above. Every person who is an independent contractor shall be separately licensed and shall meet the requirements of No. 2 above. a. Employee's name b. Residence address of employee c. Date of birth of employee d. Driver's License number of ealployee e. Location of birth for employee f. A statement under oath signed by each employee that such employee meets the requirements of A, B, C, D and E above. 4. An application for license as an itinerant vendor, solicitor or handbill distributor shall be accompanied by a fee of Twenty-five Dollars ($25.00) for a sole proprietor or business entity plus Three Dollars ($3.00) for each individual engaged in sales activities who will have any contact with the public. a. A license may be denied when the re- quired information is incomplete or incorrect or shows that a person is not otherwise entitled to conduct business under the ageis proposed. b. A license may be denied if a location plan or diagram does not meet the following requirements: The itinerant vendor or solici- tor must locate the activity in an existing parking lot. If there is an open and oper- ating business(es) at the location, then the itinerant vendor or solicitor's activity cannot utilize more than five percent (5%) of the available parking space, or sixteen spaces, whichever is smaller. iii · The location of the activity in the parking lot shall not cause a traffic hazard. -6- 04u 5 Ordinance No. 1469 A license may additionally be denied where an applicant is found to have unpaid civil judgments against him, or has been convicted of a property crime or crime of violence as set forth above. 5. An itinerant vendor or solicitor must comply with the City sign ordinance. 6. Every license shall be displayed where it can be read by the general public either at the place of the business subject to the provisions of this Ordinance or visibly shown by the person making door-to-door sales or distributing handbills. 7. A license may be revoked upon conviction of any offense committed in the City of College Station while engaged in the permitted business, or if a final conviction occurs or is found to have existed at the time of application, or if civil judgments are placed or found of record against an applicant. A license may be suspended in the event of pending charges of a property crime, crime of violence, or violation of this ordinance upon a magistrates determination of probable cause in connection with such changes. A license may be revoked for non-conformity to an approved location plan or diagram or if an itinerant vendor or solicitor files a description as sales from a "moving vehicle" or door-to-door vendor but instead locates at a particular site. 8. Any employee working for an applicant licensed as an employer under Section B.3 above may be denied the right to solicit under such permit, or such rights may be suspended or terminated, under the same circumstances and procedures which apply to the holder of the license. Revocation or suspension of an employer's license terminates all employee permits. 9. It shall be the duty of all peace officers to examine all places of business and persons subject to the provisions of this Ordinance herein, to determine if this Ordinance has been complied with and to enforce the provisions of this Ordinance against any person found to be in violation of the same. 10. The Special Services Commander shall notify a permittee (or an employee whose rights thereunder are involved) of the possible suspension or termination of a license by regular mail, addressed to the most recent address in the City's permit file for the permittee, allowing three days for delivery and setting a hearing on such termination or suspension, not sooner than five days, or later than eight days from the mailing of the notice. Should the reason for suspension or termination consist of a conviction for a crime or the pendency of criminal charges, for a property crime or crime of violence as described herein, -7- 04 36 Ordinance No.1469 the license shall be suspended immediately, pending restoration after the hearing, and the notice shall so state. A permitee (or employee) may appeal the suspension, termination, or denial of a permit by the Special Service Commander to the City Administrative Board. Notice of appeal must be given within ten (lO) days of the ruling. If the appeal is from the immediate suspension or termination by virtue of criminal charges or conviction, the permit shall continue suspended until resolution by the trial board; in all other cases, the suspension or termination shall not be effective until such final resolution. C. Duration 1. Itinerant vendors' licenses shall be valid for one year, provided that sales may not be conducted for longer than three consecutive days or twenty-one (21) cummulative days unless absent compliance with all provisions of the City Zoning Ordinance. 2. Solicitors' and handbill distributors' licenses shall be valid for thirty (30) days but may be renewed upon payment of a Ten Dollar ($10.00) renewal fee. Individual employees' licenses may be renewed upon payment of a One Dollar ($1.00) renewal fee. Each applicant for renewal must verify permit information as correct and file copies of sales tax returns for the prior license period. D. Zonin~ and Locatlon Restrictions 1. No itinerant vendor may locate in an area unless the zoning classification of the area permits the type of business or service to be performed or provided. 2. No itinerant vendor may locate for more than three (3) consecutive days or twenty-one (21) cummulative days in an area, absent compliance with all provisions of the City Zoning Ordinance. 3. NO itinerant vendor may locate in the street right-of-way or highway department right-of-way without permission of the State Highway District Engineer or the City Engineer having control over such property. 4. No itinerant vendor, solicitor or handbill distributor may locate on any private property without written permission to do so. 5. Itinerant vendors/solicitors doing business from a moving vehicle shall not stop ae at a stationary location nor is permitted to operate in any congested area where his operation impedes traffic. Ordinance No. 1469 b. to do business on the following streets: Texas Avenue Southwest Parkway F.M. 2818 Wellborn Road Jersey Street State Highway 30/Harvey Road University Street c. for a period of time longer than ten minutes at any location. 6. No solicitor or handbill distributor may remain on private property without the permission of the owner or if asked to leave. 7. No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill in or upon any motor vehicle without permission of the owner. 8. No person shall distribute, deposit, place, throw, scatter or cast any commercial handbill upon any premises if requested by anyone not to do so, or if there is placed near or at the entrance thereof a sign bearing the words "no advertisement". 9. No person shall sell or offer for sale any item upon any premises if requested by anyone not to do so, or if there is placed at or near the entrance thereof a sign bearing the words no peddlers or vendors" or "no trespassing". E. Miscellaneous Regulations 1. Each major highway entering the City shall have a sign advising any traveler of the requirement for a license under this ordinance. 2. A license issued under this ordinance is not transferable. 3. It shall be unlawful for any individual as the agent or employee of another regulated under this act to sell goods, solicit funds or distribute handbills in the City unless its principal or employer has received a permit under this ordinance. 4. It shall be funds or distribute identification card College Station under unlawful for an individual to solicit handbills without visibly displaying an issued to that individual by the City of this ordinance. 5. Solicitors and handbill distributors may only conduct business between the hours of 8:00 A.M. and 8:00 P.M. -9- Ordinance No. 1469 6. No person shall solicit funds for a charitable purpose other than that which is set out in the statement upon which the license was issued. 7. It shall be unlawful for an individual to sell goods, solicit funds or distribute handbills while displaying an identification card issued by the City of College Station in the name of another individual, organization, or entity. 8. It shall be unlawful for any individual directly through an agent or employee to sell goods, solicit funds or distribute handbills within the corporate limits of the City after the expiration of the license issued by the City of College Station under this ordinance. 9. It shall be unlawful for any person directly or through an agent or employee to sell goods, solicit funds or distribute handbills within the corporate limits of the City of College Station without a license issued by the City of College Station under this ordinance. 10. It shall be unlawful for an individual directly or through an agent or employee to misrepresent on the license statement any acts that are regulated under this ordinance. 11. It shall be unlawful for any individual directly or through an agent or employee to solicit funds for a purpose other than that set out in the registration statement upon which the license was issued. 12. It shall be unlawful for any individual directly or through his agents or employees to represent that the issuance of a license by the City of College Station constitutes an endorsement or approval of the purposes of a solicition or product for sale by the City. 13. A violation of this ordinance is a Class C misdemeanor and shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00). F. Exemptions 1. Any organization, group or individual making a distribution of a non-commercial handbill shall not be required to pay an application fee or obtain a license. 2. No organization or group shall be exempt from the provisions of this ordinance as to intinerant vendors, solicitors and handbill distributors, except that charitable organizations making charitable sales or soliciting charitable contributions for a charitable purpose shall not be required to pay an application fee for any license. 3. Christmas tree sales as defined herein are exempted -10- Ordinance No. 1469 from the location requirement of five percent (5%) or sixteen (16) spaces and are exempted from the time requirement of three (3) consecutive days or twenty-one (21) cummulative days. Christmas tree sales may be made during the Christmas holiday season, November 15 through December 24. 4. No person or other business entity doing business in interstate commerce shall be required to pay an application fee to obtain a license." This section shall be and passage in accordance with College Station. II. become effective from and after its the City Charter of the City of PASSED, ADOPTED AND APPROVED November- , 1983. this 2~nd day of ~APPROVED · , ATTEST: SECR TAR//