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
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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)
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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.
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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
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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:
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