HomeMy WebLinkAboutORD 91-18 - Peddlers & Solicitorsi
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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WHEREAS, the current peddlers and solicitors ordinance is found to be out of date and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 1 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;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT'd
OF •R •
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.
Peddlers Ordinance No
Page 1 of 6
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Chapter 6.16 of the Georgetown Municipal Code is hereby repealed.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:
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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 house-to-house, business -to -business or upon public
property; a merchant shall be considered temporarily in business unless it is 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.'
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It is unlawful for any
peddler
or solicitor
to engage
in business within the City without
first obtaining a permit from
the City
Secretary as provided
in this Chapter.
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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 City Secretary as to the approximate dates of the
campaign, the areas in which they will be selling, and a description of items to be
sold.
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Any peddler or solicitor desiring to engage in a temporary business within the City must
file a written application for permit with the City Secretary, which application shall give the
following information:
Peddlers Ordinance No.
Page 2 of 6
A. Applicant's name, telephone number, address, birthdate, physical description and either:
1) Driver's License number and state; or
2) Social Security number and an official, government -issued 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 organization;
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, birthdate, 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 City Secretary upon request.
Section 6.16.050 (Pe °t- Fees)
All peddlers and solicitors not exempted by Section 6.16.60 shall pay a permit fee to the
City Secretary of $15.00 for one (1) individual or $25.00 for any group of two (2) or more.
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The following are exempt from the permit fee:
A. Any individual soliciting or peddling for a philanthropic, charitable, political or religious
organization;
B. Any individual engaged in interstate commerce.
A. A copy of the application for permit will be referred to the Chief of Police 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 City Secretary denies a permit, applicant may appeal this decision in writing to the
City Council, which may affirm, modify or reverse the decision of the City Secretary.
Peddlers Ordinance No. f "'
Page 3 of 6
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A. If the City Secretary finds that the application is completed in conformance with Section
6.16.040 through 6.16.070, a permit shall be issued within one working day. The permit
shall be the original application under section 6.16.040, with an official stamp indicating
approval by the City Secretary. Each permit will be valid for twelve (12) months from
date of issue;
B. The permittee is required to notify the City Secretary 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 City Secretary 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. One (1) copy of the approved permit will be sent to the Chief of Police;
E. 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 City Secretary with the
information required in section 6.16.040.
Each peddler or solicitor will carry his or her permit at all times while engaging in
business in the City. Upon request or demand, the peddler or solicitor will exhibit the permit to
indicate compliance with all of the relevant requirements of this Chapter.
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Permits issued under the provisions of Chapter 6.16 are not transferable in any situation
and will be clearly marked "Not Transferable."
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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.
A. Upon permittee's request, the City Secretary shall provide the permittee with written
notice containing particulars of any and all complaints against him or her, and the time,
Peddlers Ordinance No
Page 4 of 6
date and place for an administrative review of the suspension;
B. The City Secretary will conduct an administrative review to determine whether the permit
shall be restored or revoked;
C. After notice and review, the City Secretary may revoke any permit issued under this
Chapter for the following reasons:
1. Fraudulent statements or 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 City Secretary revokes a permit, applicant may appeal this decision in writing to
the City Council, which may affirm, modify or reverse the decision of the City Secretary;
E. Revocation of any permit shall bar the permittee from eligibility for any permit under this
Chapter for a period of one (1) year.
s ('° : E i r
No peddler or solicitor may conduct activities defined in Section 6.16.010 except between
the hours of 8 a.m. and sunset.
Any peddler or
solicitor who
conducts or
attempts to conduct business at a
place where
a sign clearly indicates
that solicitors
or peddlers
are unwelcome, is in violation of
this Chapter.
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.
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.
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.
Peddlers Ordinance No.
Page 5 of 6
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This Ordinance shall become effective and be in full force and effect 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 Charter of the City of
Georgetown is accordingly so ordained.
PASSED AND APPROVED on First Reading on the. day of `� R� . , 1991.
PASSED AND APPROVED on Second Reading on the '„ day of , 1991.
ATTEST: THE CITY OF GEORGETOWN
Elizabeth Gray
City Secretary
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Marianne Landers Banks
City Attorney
Peddlers Ordinance No. `
Page 6 of 6
Mayor