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.