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HomeMy WebLinkAboutItem 06 - Peddlers and Solicitorsr MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: MARCH 18, 2003 SUBJECT: AN ORDINANCE AMENDING CHAPTER 17 PEDDLERS AND SOLICITORS RECOMMENDATION: Staff recommends that the City Council approve an ordinance amending Chapter 17 Peddlers and Solicitors in its entirety to adopt reasonable rules and regulations relative to licenses issued for solicitor activities within the city limits. BACKGROUND: February 18, 2003, the City Council adopted Ordinance No. 2003-09, placing a 45 day moratorium on solicitation activities in the City of Grapevine. Staff has reviewed and revised the solicitation ordinance relative to solicitation in the rights of way and solicitor activities for the protection of the residents and citizens. Regulations addressed in the proposed ordinance: • No solicitation allowed in public rights of ways and medians • License: All solicitors are required to have City issued photo permit on person and displayed at all times when soliciting • Exemptions to license: Distribution of religious literature, anonymous political speech, previously established regular business trade and any operation which is exempted by State or Federal statute, ie, alarm systems, real estate brokers, insurance agents • License fees: $50.00 for 1St solicitor; $20.00 for each additional agent; $20.00 for replacement permits • License fee exemptions: charitable solicitations • Authorization from applicant to conduct background check • Background check fees: All solicitors are required to pay the fee set by the City Manager • Eliminate bond requirement March 12, 2003 (10:25AM) • Permitted hours: 9 a.m. — 5 p.m. Monday through Saturday excluding Sunday and Federally designated holidays • Grounds for revocation of license: - Misrepresent the purpose of the solicitation, or - Misrepresent the affiliation of those engaged in the solicitation, or - Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor, or - Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation, or - Solicit at any residence or building which has posted a no solicitor sign, or - Act in any manner which is contrary to local, State, or Federal law. Irm E March 12, 2003 (10:25AM) AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES, RELATING TO PEDDLERS AND SOLICITORS; PROVIDING FOR THE REPEAL OF ALL INCONSISTENT ORDINANCES; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas, is a home -rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, there are serious safety issues involved when individuals solicit in or on public streets, street right-of-ways, and medians within the City of Grapevine, including concerns for the physical safety of those who participate in solicitation activities, as well as the traveling public; and WHEREAS, the City Council of the City of Grapevine, Texas finds and concludes it is necessary to adopt reasonable rules and regulations relative to licenses issued for solicitor activities for the protection of the residents and citizens of the City of Grapevine; and WHEREAS, due to the necessity of conducting background checks on solicitor permit applicants, it is necessary for the City to adopt reasonable fees that match the actual cost of processing solicitor licenses; and WHEREAS, pursuant to §215.031 of the Texas Local Government Code, as amended, the City Council has the power and authority to license, tax, suppress, prevent, or otherwise regulate peddlers and hawkers; and WHEREAS, the City Council finds that the passage of this Ordinance is necessary to protect the health, safety, and welfare of the public and will benefit said public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Chapter 17 of the Code of Ordinances, Peddlers and Solicitors, is hereby amended in its entirety and replaced as follows: "Chapter 17. Peddlers and Solicitors Sec. 17-1. Definitions. As used in this chapter, the following terms shall have the respective meanings ascribed to them: Charitable purpose: The use of money or property for the benefit of a duly incorporated and tax-exempt nonprofit corporation or entity, which is certified as being tax exempt under State or Federal law. City Right of Way: means all areas legally open to public use such as public streets, sidewalks, roadways, highways, parkways, alleys, parks, as well as the areas surrounding and immediately adjacent to public buildings. Solicitor: Any person who goes from house to house or from place to place in the city soliciting, selling or taking orders for any services, goods, wares, or merchandise, of any nature or kind whatsoever. Sec. 17-2. License --Required. (a) It shall be unlawful for any person to conduct himself as a solicitor without having first obtained a license therefor from the city, except that where the person who will be soliciting is under the age of 16, such person shall be supervised by a person who is over the age of 18 and who shall obtain a license on behalf of the person to be supervised. (b) Upon issuance, the license shall be carried with any licensee at all times during which solicitation activity is being conducted. Further, the licensee must ensure that the license is properly displayed while conducting solicitor activities. Properly displayed shall mean attached to or hung so that the license is clearly visible to the public and law enforcement officials. (c) All persons conducting themselves as a solicitor shall at all times during which solicitation is being conducted wear orange traffic safety vests. (d) No solicitation is permitted on, in, upon, or around City Right of Way, with or without a license. Sec. 17-3. Same --Application. ORD. NO. 2 (a) Each application for a license shall be in writing under oath and shall set out the following: (1) Name of applicant, with his permanent address, telephone number, proof of identity, together with two full -face photographs of the applicant two inches square; (2) Name and address of the person or entity he represents; (3) Kind, type and character of goods he will offer for sale, or type of solicitation he will undertake; (4) The specific location(s) where he will solicit; (5) The names of any cities where applicant has worked in the previous 90 days; (6) Whether or not applicant has ever been convicted of a felony or misdemeanor, and if the applicant has been so convicted, state the nature of the offense and the punishment or penalty assessed thereof; (7) An authorization to conduct a criminal background check on the applicant; (8) The license and investigation fees as provided in this Chapter. (b) Failure to provide a complete and thorough application or the falsification of any part of the application shall be grounds for the denial or revocation of a license. Sec. 17-4. Same—License fees; term; exemptions from license fees. The license fee for a solicitor under this chapter shall be $50.00. Provided, however, when a person engages in any such activity, through one or more agents or employees, such person shall, in addition to the $50.00 fee above mentioned, pay a license fee of $20.00 for each agent or employee so engaged, all of which licenses shall be valid for one year from the date of their issuance. The fee for a replacement license that is within one year from the date of original issuance of license shall be $20.00. In addition to the license fee, each applicant must pay the investigation fee provided for in Section 17-5. The license fee shall not be required of charitable solicitations. Sec. 17-5. Same --Investigation of applicant. In addition to the license fee, each applicant shall pay a fee to cover the cost of conducting a criminal background check on the applicant, in an amount to be determined by the city manager, or his designee. It shall be the duty of the chief of police to investigate each applicant for a license under this chapter and make a report thereof to the city manager before issuance of such a license. The chief of police's report shall include a recommendation as ORD. NO. 3 to the propriety of issuing a solicitor permit to the applicant based on a review of the applicant's background. Sec. 17-6. Same --Issuance. It shall be the duty of the city manager, or his designee to issue or refuse to issue a license under this chapter not later than thirty days from the time the application therefor is received by him. Sec. 17-7. Exemptions to licensing requirements. The following shall be exempt from the licensing requirements of this chapter: (a) Religious organizations exclusively for the distribution of literature and other items for the purpose of proselytizing, provided that no fees are charged and no donations are solicited. (b) Anonymous political speech. (c) The provisions of this chapter shall not apply to sales made under authority and by order of law, nor to persons, or their authorized representatives, who have previously established with the owners or occupants of such private residences or property a regular business, trade, service or other contractual relationship. (d) Newspaper solicitations. The licensing requirements of sections 17-2 through 17-7 shall not apply to newspaper solicitations. However, it shall be unlawful for any person, firm or corporation to conduct newspaper solicitations except in compliance with this section 17-8(d) and the other applicable sections of this chapter. Each newspaper is required to notify the city secretary during the regular business hours of the city, and at least 12 hours in advance of such solicitation, of the date, time, and general location of the solicitation, and of the number of persons who will be soliciting. Each person conducting himself as a newspaper solicitor shall wear a badge or other form of identification which identifies the newspaper and is worn on a clearly visible location on the person. (e) Any operation which is exempted by State or Federal statute from this Chapter, only to the extent of such applicable exemption. Any person claiming to be legally exempt from the provisions of this Chapter, including the payment of the license or investigation fee shall make such a claim in writing to the City Manager, or his designee, citing the applicable statute or authority, and providing proof of its applicability. Sec. 17-8. Appeals. ORD. NO. 4 ............. If the city manager refuses to issue a license under this chapter, the applicant shall have the right to appeal to the city council at its next regular meeting. Sec. 17-9. Hours of operation. It shall be unlawful for any person acting as a solicitor to go in or upon the premises of a private residence in the city prior to 9:00 a.m. or after 5:00 p.m. of any day, Monday through Saturday, or at any time on Sunday or any other Federally designated holiday. This section shall not apply to a visit to the premises as a result of a request or invitation made by the occupant. Sec. 17-10. Health certificate for peddlers of food products. Peddlers of food products shall be subject to the requirements of Chapter 12 of the Code of Ordinances, as amended, relating to Health and Sanitation. Sec. 17-11. Cleanliness of food products and vehicles; honest weights and measures. Every person who shall comply with this chapter and shall sell, or offer for sale, any produce of edible quality shall at all times keep the same in a clean and sanitary condition, and shall also keep their wagons, vehicles, or other conveyances in a clean and sanitary condition, and they shall not sell, or offer for sale, any unsound or unwholesome articles, nor shall they give, or make, any false weights or measures of any of the various articles as specified and covered by this section. Sec. 17-12. Prohibited conduct. It shall be a violation of this ordinance and unlawful for any solicitor to: (1) Misrepresent the purpose of the solicitation; (2) Misrepresent the affiliation of those engaged in the solicitation; (3) Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or to buy anything from that solicitor; or (4) Represent the issuance of any license under this chapter as an endorsement or recommendation of the solicitation; or (5) Solicit at any residence or building which has posted a no solicitor sign; or (6) Act in any manner which is contrary to local, State, or Federal law. Sec. 17-14. Penalties; civil remedies; license forfeiture. (a) Any person, firm or corporation violating any of the terms or provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof ORD. NO. 5 Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere or dismissal. Section 4. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it ORD. NO. 6 shall be punished by a fine in a sum not to exceed $2,000.00 for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed $500.00 for each offense for all other violations, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (b) In case of any willful violation of any of the terms and provisions of this chapter, the city, in addition to imposing the penalties above provided, may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation of the terms of this chapter as a misdemeanor, shall not preclude the city from invoking the civil remedies given it by the laws of the state, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violations. (c) Each day's engaging in the business regulated by this chapter without the payment of the fee due thereon, and procuring a receipt, or license therefor, and each day's failure to comply with any of the other provisions of this chapter, shall constitute a separate offense, and the person so found guilty of such violation, or failing to comply with the provisions hereof shall, upon conviction, be punished therefor as hereinabove provided. (d) In addition to the sanctions provided for above, any person, firm, or corporation violating any term or provision of this chapter shall be subject to forfeiture of their solicitor license. In the event of such forfeiture of license, no part of such license fee as may have been so paid shall be refunded to such person, and no further license shall be issued to such person for the remaining period of such license year under this chapter." Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere or dismissal. Section 4. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it ORD. NO. 6 would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of March, 2003. ATTEST: A" . a a-Qj*j'Vj Z I Q MAJ 1 11 [0] :4 jyj ORD. NO. 7