HomeMy WebLinkAbout1990-1838 - Ordinance - 01/25/1990ORDINANCE NO. 1838
AN ORDINANCE AMENDING CHAPTER 4, SECTION 1, OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING
TO ITINERANT VENDORS AND TEMPORARY OR TRANSIENT EUSINESS SO-
LICITATIONS; PROVIDING FOR REGULATION OF HANDBILL DISTRIBU-
TORS; AND PROVIDING FOR REPORTING REQUIREMENTS OF CHARITABLE
SOLICITORS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
That Chapter 4, Section
city of College Station,
follows:
1, of the Code of Ordinances of the
Texas, is hereby amended to read as
"SECTION 1: SOLICITORS, CHARITABLE SOLICITORS, ITINERANT
VENDORS, HANDBILL DISTRIBUTORS
A. Definitions
(1)
'Itinerant Vendors' shall mean any person(s) or
business entity establishing a place of business
the City of College Station on a temporary basis.
The term shall include without limitation:
in
(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,
(f) tent sales,
(g) door-to-door sales locations,
(h) all sales from 'moving vehicles',
(i) auctions, either private or public, and
(j) all indoor sales of a temporary nature not
conducted in a retail establishment
(k) temporary parking space rentals.
(1) solicitation of payment or donations for
work already complete
(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)
(4)
(5)
(6)
(7)
(8)
,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. For the purposes of this Section, a
valid home occupation under the Zoning Ordinance
shall be considered a business hereunder. The term
shall include all door-to-door sales persons and
any agent or representative doing business by call-
ing in person upon potential customers without ap-
pointment, for retail sales.
'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.
'Charitable organizations' shall mean any organiza-
tion holding a certificate of exemption from Fed-
eral Income Tax or State Sales or Franchise Taxes.
'Charitable sales' shall mean the sale by a chari-
table organization to the ultimate consumer or user
of goods or services whereby the proceeds are in-
tended to be applied to the charitable organization
either for the purpose of maintaining the organiza-
tion or benefiting others.
'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 in-
tangible, 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 im-
plied, that the proceeds of such sale will be used
for a charitable purpose as such term is herein de-
fined. Expressly excluded from the meaning of
'charitable funds' is membership in any organiza-
tion. Charitable contribution shall include any-
thing received as a result of a request for dona-
tions by a charitable organization, said funds used
for the purpose of either sustaining the charitable
organization or benefiting others.
'Solicit charitable contributions' shall mean a re-
quest 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)
(10)
(12)
(13)
'Charitable purpose' shall mean philanthropic,
religious or other non-profit objectives, including
the benefit of poor, needy, sick, refugee or handi-
capped persons~ the benefit of any rellgious or
church society, sect group or order; the benefit of
a patriotic or veterans association or organiza-
tion~ the benefit of any fraternal, social or civic
organization, or the benefit of any educational in-
stitution. The term 'charitable purpose' shall not
be construed to include the direct benefit of the
individual making the solicitation. Nor shall the
term 'charitable purpose' be construed to include
the benefit of any political group or political or-
ganization which is subject to financial disclosure
under Federal or State law.
'Moving vehicle' sales shall mean any sales made
from a vehicle that stops as it moves down a road.
'Auctions' shall mean all sales made by bids re-
ceived through an auctioneer. Exempt are estate
sales conducted by a Court-appointed administrator
or independent executor, personally or through a
licensed auctioneer.
'Christmas tree sales' shall mean sales made by a
charitable organization of Christmas trees during
the Christmas holiday season, November and Decem-
ber.
'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 lit-
erature which tends primarily to accomplish the
following=
(a) Advertises for sale of any merchandise,
product, commodity, or thing~ or
(b) Directs attention to any business or
mercantile or commercial establishment, for
the purpose of either directly or indirectly
promoting the interest of the sales; or
(c) Directs attention to or advertises any
meeting, theatrical performance, exhibition,
or event of any kind, for which an admission
fee is charged for the purpose of private
gain or profit.
(d) While containing reading matter other than
advertising matter, it is predominantly and
essentially an advertisement and is
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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. For the purposes of this
Section a valid home occupation under the Zoning
Ordinance shall be considered a business hereunder.
This term shall include all distributions that are
made door to door, on or in a motor vehicle and in
the roadway or right-of-way.
(15)
'Parking lot' shall mean any area covered by as-
phalt, cement or other material designed and suit-
able for the purpose of parking vehicles and actu-
ally used for same or approved by the Project Re-
view 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 com-
merce.
(17)
'Temporary parking space rental' shall mean the
rental of a parking space(s) as a temporary activ-
ity for a special event not associated with the
permanent use of the premises.
B. Permit and APPlication
(1)
Every itinerant vendor, solicitor or handbill
distributor shall have a permit. Permits shall be
issued by the City of College Station Accounting
Division of the Finance Department.
(2)
An applicant shall apply for a permit on a form
promulgated by the City of College Station, which
form shall supply the following information:
(a) Name of the applicant
(b)
Legal name of the business entity, if any,
state of incorporation or filing of a
partnership or articles of association
(c) Sales tax number
(d) Local phone number
(e)
(f)
(g)
(h)
(i)
(J)
(k)
(1)
(m)
(n)
Permanent location, address and phone number
Names of employees
Permanent addresses of employees
Date of birth
Driver's license number
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 contact is to be a charitable
solicitation, then a statement as to the
intended use of the funds collected shall be
reported prior to contact with the public;
and after the contact with the public has
been completed or the permit expires, which-
ever event occurs first, then a statement as
to the actual use of the funds shall be re-
ported.
If the business is not door to door or
person to person then:
(i)
Copy of written permission to locate in
the area proposed if private property;
or permit, if public property and
permission is required.
(ii) A listing of the kind, amount and char-
acter of goods or services to be sold.
(iii)
A description and diagram of the lo-
cation including parking availability,
street access, location and amount of
space to be utilized and sign to be dis-
played.
(iv)
A description of vehicle for moving
vendor or statement that the itinerant
vendor/solicitor will sell door to door.
(o)
(p)
(g)
(r)
(s)
If the action is to be a solicitation of
funds, then a description of that purpose
will be set out in the application.
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 (acceptable photo
identification required) that each individual
applicant:
(i)
Has no unpaid civil judgments against
him or her in any State or U.S. posses-
sion which arise from a business activ-
ity which would have been covered by
this Section if in effect at the time in
the jurisdiction where such judgments
are of record.
(ii)
A statement of all convictions in any
state, the United States or U.S. posses-
sion within the last ten (10) years.
(iii)
The individual has read and is familiar
with Article 5069-13, The Texas Home So-
licitation Act.
For food sales, prior written approval of
the Brazos County Health Department shall be
provided.
A bond in the sum of not less than One Thou-
sand and No/100 ($1,000.00) Dollars, ex-
ecuted by the itinerant vendor, solicitor,
or handbill distributor with two or more
good and sufficient sureties satisfactory to
Finance Director, 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 itinerant
vendor, solicitor or handbill distributor
while conducting business in the City of
College Station, Texas. The bond shall re-
main in full force and effect for the entire
duration of the permit provided herein and
(3)
(4)
for two full years after such permit ex-
pires. The bond shall not be required for
the sale of goods in interstate commerce.
An employer may seek a permit for itself covering
all of its employees, but shall, at least two (2)
working days prior to sales activities by any
individual, supply the following:
(a)
Each employer shall sign a statement on the
application that it recognizes the individual
permitted under its permit as an employee and
not as independent an contractor and accepts
the responsibilities imposed by State Law for
the acts of its employees.
(i)
(ii)
(iii)
(iv)
(v)
Employee's name
Residence address of employee
Date of birth of employee
Driver's License number of employee
Location of birth of employee
(b)
Every person who is an independent contractor
shall be separately permitted and shall meet
the requirements of paragraph number 2 above.
An application for permit as an itinerant vendor,
solicitor or handbill distributor shall be accom-
panied 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 permit may be denied when the required in-
formation is incomplete or incorrect or shows
that a person is not otherwise entitled to
conduct business under the aegis proposed.
(b)
A permit may be denied if a location plan or
diagram does not meet the following require-
ments:
(i)
The itinerant vendor or solicitor must
locate the activity in an existing
parking lot.
(ii)
If there is an open and operating
business(es) at the location, then the
itinerant vendor or solicitor's
activity cannot utilize more than five
percent (5%) of the available parking
;,-; · 2
(5)
(6)
(7)
space, or sixteen spaces, whichever is
smaller.
(iii)
The location of the activity in the
parking lot shall not cause a traffic
hazard.
(c) A permit may additionally be denied where:
(i)
an applicant is found to have unpaid
civil judgments against him which relates
to the duties and responsibilities of the
permitted occupation which shall be de-
termined by the nature and the amount of
the judgment, the relationship of the
judgment to the purpose of the permit and
the extent that the permit would allow
someone to engage in further activity
that would lead to unsatisfied civil
judgments, or
(ii)
an applicant has been convicted of a
crime which directly relates to the du-
ties and responsibilities of the licensed
occupation which shall be determined by
the nature and seriousness of the crime,
the relationship of the crime to the pur-
pose of the permit and the extent that
the permit would allow someone to engage
in further criminal activity.
An itinerant vendor or solicitor must comply with
the city sign ordinance.
Every permit 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
Section or visibly shown by the person making
door-to-door sales, soliciting in the roadway or
right-of-way or distributing handbills.
A permit may be revoked upon conviction of any of-
lense committed in the City of College Station
while engaged in the permitted business, or if a
final conviction occurs or is found to have ex-
isted at the time of application, or if civil
judgments, as set forth above, are placed or found
of record against an applicant. A permit may be
suspended in the event of pending charges of a
crime, as set forth above, upon a magistrate's de-
termination of probable cause in connection with
such changes.
(8)
(9)
(10)
(11)
A permit may be revoked for non-conformity to the
application location specifications or re-
quirements as well as to non-conformity to an ap-
proved location plan or diagram.
Any employee working for an applicant permitted 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 permit. Revocation or suspension
of an employer's permit terminates all employee
permits.
It shall be the duty of all peace officers to ex-
amine all places of business and persons, subject
to the provisions of this Section herein, to de-
termine if this Section has been complied with and
to enforce the provisions of this Section against
any person found to be in violation of the same.
The Accounting Division shall notify a permittee
(or an employee whose rights thereunder are in-
volved) of the possible suspension or termination
of a permit by regular mail, addressed to the most
recent address in the city's permit file for the
permittee, allowing three (3) days for delivery
and setting a hearing on such termination or sus-
pension, not sooner than five (5) days, or later
than eight (8) days from the mailing of the no-
tice. Should the reason for suspension or termina-
tion consist of a conviction for a crime or upon a
determination of probable cause pursuant to sub-
section (f) as described herein, the permit shall
be suspended immediately, pending restoration af-
ter the hearing, and the notice shall so state. A
permittee (or employee) may appeal the suspension,
termination, or denial of a permit by the Account-
ing Division to the Director of Finance. Notice
of appeal must be given within ten (10) 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 Director of Fi-
nance; in all other cases, the suspension or
termination shall not be effective until such fi-
nal resolution.
C. Duration
(1)
Itinerant vendors' permits shall be valid for one
(1) year, provided that sales may not be conducted
for longer than three (3) consecutive days or
twenty-one (21) cumulative days. No use may be
continued beyond the period of the permit absent
compliance with all provisions of the city Zoning
Ordinance.
(2)
Solicitors' and handbill distributors' permits
shall be valld for thirty (30) days but may be re-
newed upon payment of a Ten Dollar ($10.00) re-
newal fee. Individual employees' permits may be
renewed upon payment of a One Dollar ($1.00) re-
newal fee. Each applicant for renewal must verify
permit information as correct and file copies of
sales tax returns for the prior permit period.
D. Zonina and Location 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 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, where such authority exists.
(3)
No itinerant vendor, solicitor or handbill dis-
tributor may locate on any private property with-
out written permission to do so.
(4) Itinerant vendors/solicitors doing business from a
moving vehicle shall not stop:
(a)
at a stationary location nor is permitted to
operate in any congested area where his oper-
ation impedes traffic.
(b) to do business on the following streets:
(i)
(ii)
(iii)
(iv)
(v)
Texas Avenue
Southwest Parkway
F.M. 2818
Wellborn Road
Jersey Street/George Bush Blvd.
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(vi) State Highway 30/Harvey Road
(vii) University Drive
(c)
for a period of time longer than ten (10)
minutes at any location.
(5)
No solicitor or handbill distributor may remain on
private property without the permission of the
owner or if asked to leave.
(6)
No person shall distribute, deposit, place, throw,
scatter or cast any commercial handbill in or upon
any motor vehicle without permission of the owner.
(7)
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'.
(8)
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', or 'no solicitors.'
(9)
Temporary parking space rentals shall not exceed
three (3) consecutive days or twenty-one (21) cu-
mulative days per year unless compliance with all
provisions of the City Zoning Ordinance. For the
use of premises for temporary parking space
rentals pursuant to the permit, the permanent
business shall be closed or have excess parking
under the City of College Station Zoning Ordi-
nance.
E. Miscellaneous Requlations
Each major highway entering the City shall have a
sign advising any traveler of the requirement for
a permit under this Section.
(2) A permit issued under this Section is not trans-
ferable.
(3)
It shall be unlawful for any individual as the
agent or employee of another regulated under this
Section to sell goods, solicit funds or distribute
handbills in the city unless its principal or em-
ployer has received a permit under this Section.
(4)
(5)
(6)
(7)
(8)
(9)
(XO)
(11)
(12)
It shall be unlawful for an individual to solicit
funds or distribute handbills without visibly
displaying a valid permit issued to that individ-
ual by the City of College Station under this Sec-
tion.
No person shall solicit funds for a charitable
purpose other than that which is set out in the
statement upon which the permit was issued.
It shall be unlawful for an individual to sell
goods, solicit funds or distribute handbills while
displaying a valid permit issued by the City of
College Station in the name of another individual,
organization, or entity.
It shall be unlawful for any individual directly
or through an agent or employee to sell goods, so-
licit funds or distribute handbills within the
corporate limits of the city after the expiration
of the permit issued by the City of College Sta-
tion under this Section.
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 permit issued by the City of College
Station under this Section.
It shall be unlawful for an individual directly or
through an agent or employee to misrepresent on
the permit affidavit any acts that are regulated
under this Section.
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 per-
mit application upon which the permit was issued.
It shall be unlawful for any individual directly
or through his agents or employees to represent
that the issuance of a permit by the city of
College Station constitutes an endorsement or ap-
proval of the purposes of a solicitation or prod-
uct for sale by the City.
A violation of this Section is a Class C mis-
demeanor and shall be punished by a fine of not
less than Twenty-five Dollars ($25.00) nor more
than Two Hundred Dollars ($200.00).
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 ob-
tain a permit.
(2)
No organization or group shall be exempt from the
provisions of this Section as to itinerant ven-
dors, 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.
(3)
Christmas tree sales as defined herein are ex-
empted from the location requirement of five per-
cent (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 holi-
day 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 permit or provide a
bond.
(5)
Salesmen representing a commercial or industrial
business or enterprise where the contacts are made
for the solicitation of bulk orders, wholesale or-
ders, special equipment sales, special instrument
sales, the sale of special manufactured goods or
pharmaceuticals are exempt from this ordinance.
(6)
A charitable organization holding a bazaar, fete,
rummage sale or other special event for the pur-
pose of raising funds no more than two (2) times
per year are exempt from this ordinance.
(7)
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.
(8)
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."
II.
This Section shall be and become effective from and after
its passage in accordance with the City Charter of the City
of College Station.
PASSED, ADOPTED and APPROVED this 25th day of January,
1990.
APPROVED:
ATTEST: