HomeMy WebLinkAboutORD 98-49 - Solicitors PermitsL
ORDINANCE Ai
AN ORDINANCE OF THE CITY COUNCIL OF GEORGETOWN, TEXAS
REPEALING CHAPTER 6.16 OF THE CODE OF ORDINANCES OF THE CITY OF
GEORGETOWN, RELATING TO PEDDLERS, SOLICITORS, ITINERANT
MERCHANTS AND TRANSIENT VENV ORS, WITHIN THE CITY OF
GEORGETOWN; AND ADDING A NEW CHAPTER 6.16 "PEDDLERS AND
SOLICITORS"; ESTABLISHING A PENALTY; REPEALING CONFLICTING
ORDINANCES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, Section 215.031 of the Local Government Code authorizes home rule
municipalities to regulate peddlers and solicitors; and
WHEREAS, the City Council seeks to control activities that may become a nuisance
and/or endanger the safety and welfare of City residents; and
WHEREAS, the City Council is interested in protecting its residents from unwanted
intrusions into the privacy of their homes; and
WHEREAS, the current peddlers and solicitors ordinance is found to be out of date and
in need of replacement; and
WHEREAS, the City Council has found that this action implements Policy Number I of
the Century Plan - Policy Plan (Facilities and Services) Element, to wit: "The City will
endeavor to increase the quality of life through the upgrading of existing facilities and
services and the provision of new services to meet the specific needs of the community,"
and is not found to be inconsistent or in conflict with any other Century Plan Policies, as
required by Section 2.03 of the Administrative Chapter of the Policy Plan_
Lai 9 WA e-aff i' an
SECTION I
The City Council of the City of Georgetown, Texas hereby finds the recitals set forth
above to be true and correct and are incorporated by reference herein and expressly made
a part hereof, as if copied verbatim.
SECTION H
Chapter 6.16 of the Georgetown Municipal Code is hereby repealed.
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The following sections 6.16.010 through 6.16.150 shall be adopted as follows:
Section 6.16.010 (Definitions)
A. `Peddler' means any person who engages in a temporary business within
City limits by carrying goods or merchandise and who sells or offers for
sale for immediate delivery such goods or merchandise from houseAo-
house, business -to -business, or upon public property; a merchant shall be
considered temporarily in business unless itis the intention of such
merchant to remain continuously in business at each location where the
merchant is engaged in business in the City as a merchant for a period of
60 days or more.
B. `Solicitor' means any person who solicits or attempts to solicit, from
house-to-house, business -to -business, or upon public property orders for
services, commercial goods, wares, merchandise, subscriptions, or
publications to be delivered at a future date or time. The term `canvasser'
is included under this definition of `solicitor.'
Section 6.16.020 (Permit -Required)
It is unlawful for any peddler or solicitor to engage in business within the City of
Georgetown without first obtaining a permit from the City of Georgetown police
Services Records Section,
Section 6.16.030 (Permit -Exemptions)
The following are excluded from permitting provisions:
A. Newspaper carriers;
B. Farmers who sell agricultural products that were raised or grown
by them;
C. Locally -based non-profit organizations are exempt from the formal
permitting process; however, they are required to notify the
Georgetown Police Services Records Section as to the
approximate dates of the campaign, the areas in which they will be
selling, and a description of items to be sold.
Section 6.16.040 (Permit -Written application required)
Any peddler or solicitor desiring to engage in a temporary business within the
City must file a written application for permit with the Georgetown Police
Services Records Section, which application shall give the following information:
A. Applicant's name, telephone number, address, birth date, physical
description, and either:
1) Driver's License number and state; or
2) Social Security number and an official, government4ssued
picture identification card;
B. If the applicant is peddling or making solicitations for any
commercial, charitable or political organization, the name,
telephone number, and address of such organizations.
C. Full and complete list of goods to be sold and/or services to be
delivered;
D. For each individual involved in the peddling or solicitation
campaign: name, telephone number, address, birth date, physical
description, and either:
1) Driver's License number and state; or
2) Social Security number and an official, government -issued
picture identification card;
E. Description (year, make, type) and license plate number and state
of all vehicles to be used in soliciting and peddling;
F. Applicant must provide original identifying documents to the
Georgetown Police Services Records Section upon request.
Section 6.16.050 (Permit Fees)
All peddlers and solicitors not exempted by Section 6.16.60 shall pay a permit fee
to the Georgetown Police Services Records Section of $15.00 for one (1)
individual or $25.00 for any group of two (2) or more.
Section 6.16.060 (Permit -Fees -Exemptions)
The following are exempt from the permit fee:
A. Any individual soliciting or peddling for a philanthropic,
charitable, political, or religious organization;
r
B. Any individual engaged in interstate commerce.
Section 6.16.070 (Permit -Denial)
A. A copy of the application for permit will be referred to the
Georgetown Police Services Records Section who will undertake
an investigation of the applicant's record and background, such as
shall be reasonably necessary to protect the public. An application
for permit under this Chapter may be denied where:
1. Required application information is incomplete or
Incorrect;
2. Applicant is currently wanted on warrant for arrest.
B. If the Georgetown Police Services Records Section denies a
permit, applicant may appeal this decision in writing to the Chief
of Police, which may affirm, modify, or reverse the decision of the
Georgetown Police Services Records Section.
Section 6.16.080 (Permit -Issuance, Duration)
A. If the Georgetown Police Services Records Section finds that the
application is completed in conformance with Section 6.16.040
through 6.16.070, a permit shall be issued within 5 working days.
The permit shall be the original application under Section
6.16.040, with an official stamp indicating approval by the
Georgetown Police Services Records Section. Each permit will be
valid for twelve (12) months from date of issue;
B. The permittee is required to notify the Georgetown Police Services
Records Section before any peddling or soliciting under the issued
permit is conducted in any new calendar month after the issuance
of the permit. At this time, the permittee will update any
information required under Section 6.16.040 that has changed;
C. The Georgetown Police Services Records Section will retain one
(1) copy of the approved permit for official records. The permit
may not be represented as an endorsement or approval by the City
of Georgetown of the purposes of a solicitation or a product
offered by the permittee;
D. Only those peddlers or solicitors whose names are listed on the
approved application may conduct business under the issued
permit. If any new peddlers or solicitors join the campaign after
the original permit is issued, they must supply the Georgetown
Police Services Records Section with the information required in
Section 6.16.040,
Section 6.16.090 (Permit -Display)
Each peddler or solicitor will carry his or her permit at all times while engaging
in business in the City of Georgetown. Upon request or demand, the peddler or
solicitor will exhibit the permit to indicate compliance with all of the relevant
requirements of this Chapter.
Section 6.16.104 (Permit NonAransferability)
Permits issued under the provisions of Chapter 6.16 are not transferable in any
situation and will be clearly marked "Not transferable."
Section 6.16.110 (Permit -Suspension)
A. The Chief of Police or the Chief's designee may, upon
documented complaint or violation of law, suspend and confiscate
a permit issued under this Chapter,
B. Peddlers and solicitors whose licenses are suspended have three
business days during which to request an administrative review of
the suspension. If request for administrative review is not made
within three working days, the permit is revoked.
Section 6.16.120 (Permit -Revocation)
A. Upon permittee's request, the Georgetown Police Services
Records Section shall provide the permittee with written notice
containing particulars of any and all complaints against him or her,
and the time, date, and place for an administrative review of the
suspension;
B. The Georgetown Police Services Records Section will conduct an
administrative review to determine whether the permit shall be
restored or revoked;
C. After notice and review, the Georgetown Police Services Records
Section may revoke any permit issued under this Chapter for the
following reasons:
1. Fraudulent statements, omissions on permit application or
in conduct of permitted business;
2. Violation of law,
3. Endangerment of Public Welfare, Health, or Safety.
D. If the Georgetown Police Services Records Section revokes a
permit, applicant may appeal this decision in writing to the City
Council, which may affirm, modify, or on
the decision of the
Georgetown Police Services Records Section;
E. Revocation of any permit shall bar the permittee from eligibility
for any person under this Chapter for a period of one (1) year.
Section 6.16.130 (Hours of Operation)
No peddler or solicitor may conduct activities defined in Section 6.16.010 except
between the hours of 8 a.m. and sunset.
Section 6.16.140 (No Solicitor Signs)
Any person violating the provisions of this chapter is guilty of a Class 'C'
misdemeanor and upon conviction shall be fined not more than allowed by law.
Section 6.16.150 (violation -Penalty)
Any person violating the provisions of this Chapter is guilty of a Class 'C'
misdemeanor and upon conviction shall be fined not more than allowed by law.
SECTION IV
All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with
this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION V
If any provision of this Ordinance or application thereof to any person or circumstance
shall be held invalid, such invalidity shall not affect the other provisions, or application
thereof, of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are hereby declared to be
severable.
SEGTiON VI
This Ordinance shall become effective and be in full force and effect (ten) 10 days after
publication, which shall follow second reading by the City Council, signature by the
Mayor and City Secretary. Publication in accordance with the provisions of the Chapter
of the City of Georgetown is accordingly so ordained.
PASSED AND APPROVED on First Reading on the 244"' -day of 1998.
PASSED AND APPROVED on Second Reading on themd` day of f L.cS, 1998.
ATTEST:
`� City Secretary
APPROVED AS TO FORM:
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City Attorney
THE CITY OF GEORGETOWN