HomeMy WebLinkAbout2010-3299 - Ordinance - 11/22/2010ORDINANCE NO. 2010-3299
AN ORDINANCE AMENDING CHAPTER 4, "BUSINESS REGULATIONS", SECTION
1 "SOLICITORS, CHARITABLE SOLICITORS, ITINERANT VENDERS, HANDBILL
DISTRIBUTORS", F, "EXEMPTIONS" OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS
SET OUT BELOW; 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 4, "BUSINESS REGULATIONS", SECTION 1
"SOLICITORS, CHARITABLE SOLICITORS, ITINERANT VENDERS,
HANDBILL DISTRIBUTORS", F, "EXEMPTIONS" 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: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter 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) nor
more than Five Hundred Dollars ($500.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 22"d day of November 2010.
APPROVED:
Mayor
ATT ,S`P:
City Secret*
APP VED:
City Attorney /
ORDINANCE NO. 2010-3299 Page 2
EXHIBIT "A"
That Chapter 4, "Business Regulations", Section I "SOLICITORS, CHARITABLE
SOLICITORS, ITINERANT VENDERS, HANDBILL DISTRIBUTORS", F,
"EXEMPTIONS", of the Code of Ordinances of the City of College Station, Texas, is
hereby amended, as set out hereafter to read as follows:
F. EXEMPTIONS
(I) This section shall not apply to the City of College Station for the purpose of distributing
public safety handbills.
(2) 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 permit.
(3) No organization or group shall be exempt from the provisions of this Section as to
itinerant 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 permit or provide a bond.
(4) Christmas tree sales as defined herein are exempted 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) cumulative days. Christmas tree sales may be
made during the Christmas holiday season, November 15 through December 24.
(5) No person or other business entity doing business in interstate commerce shall be
required to pay an application fee to obtain a permit or provide a bond.
(6) Salesmen representing a commercial or industrial business or enterprise where the
contacts are made for the solicitation of bulk orders, wholesale orders, special equipment
sales, special instrument sales, the sale of special manufactured goods or pharmaceuticals
are exempt from this ordinance.
(7) A charitable organization holding a bazaar, fete, rummage sale or other special event for
the purpose of raising funds no more than two (2) times per year are exempt from this
ordinance.
(8) Individuals selling farm products in an unrefined state shall be required to pay an
application fee but shall not be required to provide a bond.
(9) Individuals or corporations having a regular place of business or approved home
occupation with a permanent fixed address in either College Station or Bryan, Texas are
exempt from the permit fee and bond requirements.