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HomeMy WebLinkAboutO-1983-1356 . '. , ORDINANCE NO. 1356 AN ORDINANCE DEFINING, REGULATING AND LICENSING OF PEDDLERS, SOLICITORS AND CANVASSORS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MIS- DEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00); CONTAINING A REPEALING CLAUSE; CONTAINING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE. Section 1. Definitions. . (A) A CANVASSER or Solicitor is defined as any individual, whether resident of the City of La Porte or not, traveling either by wagon, automobile, motor truck, foot or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries, or exposes for sale a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, provided that such definition shall include any person who, for himself, or for another person, firm or corporation, hires, leases, uses or occupies any building, structure, tent, railroad box car, boat, hotel room, lodging house, trailer truck, apartment, shop, or any other place within the City for the sole purpose of ex- hibiting samples and taking orders for future delivery. - (B) CONTRIBUTIONS shall mean and include the word, alms, food, clothing, money, property, financial assistance, or other thing of value. A contribution as defined herein shall also include a sale or offer to sell any book, card, magazine, membership, mer- chandise, subscription, ticket or other thing in connection with which an appeal is made for any charitable or religious purpose. - (C) DIRECT SELLER means any individual who, for him/herself, or a partnership, association, or corporation, sells goods or services, or takes sales orders for the later delivery of goods or services, at any location other than the permanent business place or residence of said individual, partnership, association, or corporation, and shall include, but not be limited to, peddlers, solicitors, hawkers, and transient merchants. The sale of goods includes donations or contributions, whether direct or indirect, required by the direct seller for the retention of goods by a donor or prospective customer. . . , Ordinance No. 1356 , Page 2. (D) GOODS shall include personal property of any kind, and shall include goods provided incidental to services offered or sold. (E) PERSON as used herein shall include the singular and the plural and shall also mean and include any person, firm or cor- poration, association, club, co-partnership or society, or any other organization. . (F) PEDDLER as used herein shall include any person, whether a resident of the City of La Porte or not, traveling by foot, wagon, automotive vehicle, or any other type of conveyance, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, vegetables, fruits, garden truck, farm products or provisions, offering and exposing the same for sale, or making sales and delivering articles to purchasers, or who, without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance, and further provided that one who solicits orders and as a separate transaction makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this Ordinance shall be deemed a peddler sUbject to the provisions of this Ordinanceo The word "Peddler" shall include the words "hawker" and "huckster". ~ - (G) RESIDENTIAL PREMISES shall mean a building or portion of a building used for residential purposes including the real estate upon which any such building is located, provided that the predominant use of the real estate is for residential purposes. .. (H) RELIGIOUS shall not mean and include the word charitable as herein defined, but shall be given its commonly accepted definition. - (I) VENDOR is defined as any person, firm or corporation, whether as owner, agent co- signee or employee, whether a resident of the City or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within said City, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, struc- ture, motor vehicle, tent, railroad box car, or boat, public room in hotels, lodging houses, apartments, shops, or any street, alley, or other pIce within the City, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction provided that such definition shall . e I Ordinance Noo l356 , P ag e 3. not be construed to include any person, firm, or corporation who, while occupying such temporary location, does not sell from stock, but exhibits samples only for the purpose of securing orders for future delivery only. The person, firm, or corporations so engaged shall not be relieved from complying with the provisions of this ordinance merely by reason of associating temporarily with any local dealer, trader, merchant or auctioneer, or by conducting such transient business in con- nection with, as a part of, or in the name of any local dealer, trader, merchant or auctioneer. . Section 2. Regulation of Direct Sellers. '".., (A) Generally Prohibited Practices (1) No person engaged in solicitation shall misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, his/her identity or the identity of the organization he/ she represents. A charitable organiza- tion direct seller shall specifically disclose, upon request, what portion of the sale price of goods being offered will actually be used for the charitable purpose for which the organization is soliciting. Said portion shall be expressed as a percentage of the sale price of the goods. (2) No direct seller shall impede the free use of sidewalks and streets by pedes- trians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed. -~ (3) No direct seller shall make any loud noises or use any sound amplifying devise to attract customers if the noise produced is capable of being plainly heard outside a fifty foot (50') radius of the source. (4) No direct seller shall allow rubbish or litter to accumulate in or around the area in which he/she is conducting business. " (5) No direct seller shall solicit or con- duct business with person in motor vehicles. e . , Ordinance No. 1356, Page 4. (6) No direct seller shall solicit or con- duct his business in such a way as would restrict or interfere with the ingress or egress of the abutting property owner or tenant, or create or become a public nuisance, increase traffic congestion or delay, or constitute a hazard to traffic, life or property, or an ob- struction to adequate access to fire, police or sanitation vehicles. . (7) No direct seller other than a person having a permanent business place shall solicit without first complying with the laws of this State and all other relevant provisions of the Code of Ordinances of the City of La Porte. Such other provisions include, but are not limited to: (a) Health inspection; (b) Compliance with building codes; (c) Fire inspection; (d) Restrictions on signs; (e) Restrictions on sale of fireworks; and (f) Inspection and testing of weighing; and measuring devices ...-.... (8) No persons shall engage in solicitation upon any residential premises without a prior invitation from the occupant there- of, if such premises is posted against such solicitation by means of a notice prominently displayed, upon which is printed the ,legend: "NO SOLICITORS" (or words of similar import). For the purposes of this paragraph, a dwelling house or apartment or other place of residence shall be deemed to be posted against solicitation if there is ex- hibited, on or near the main entrance to the premises or on or near the main door to any residence located thereon, a sign at least 3" x 4" in size which bears the above legend in letters at least 1/3" in length. (9) No person shall engage in solicitation upon any premises or in any dwelling house, apartment or other residence after having been asked by the owner or occupant thereof to leave such premises or residence. ~..., , (10) There shall be no solicitation upon any residential premies, other than upon prior invitation of the occupant of any such premises, prior to 9:00 A.M. or after 30 minutes after sunset of any day. e e ~ Ordinance No. 1356 , Page 5. (ll) Not more than two individuals shall engage in solicitation upon any resi- dential premises at the same time for the same goods or services, or for religious or charitable purposes. Each individual member of a group engaged in solicitation in violation of this provision shall be deemed to have violated such provision. . (12) No person shall make more than one solicitation call at the same resi- dential premises for identical goods or services or for the same religious or charitable purposes within any consecutive thirty (30) day period, without receiving a prior invitation therefor from the occupancy of any such premises. This provision shall be con- strued to include representatives of any person more than once during the aforesaid period without a prior invi- tation as herein provided. (13) No person engaged in solicitation shall, at the time of initial contact with a prospective customer or donor, fail to display a current license which shall identify the person and his/her business and the purpose of the so- licitation. - (14) No person engaged in solicitation shall misrepresent the purpose of his so- licitation or use any false, deceptive or misleading misrepresentation to induce a sale or misrepresent the true status or mission of the person. (B) Disclosure Requirements. (I) If any sale of goods is made by a direct seller, or any sales order for the later delivery of goods is taken by the seller at a residential premises, the buyer shall have the right to can- cel said transaction if it involves the extension of credit or is a cash trans- action of more than twenty-five dollars ($25.00), the seller shall give the buyer two copies of a typed or printed notice of that fact. e (2) If the direct seller takes a sales order at a residential premises for the later delivery of goods, he/she shall, at the time the order is taken, pro- vide the buyer with a written statement containing the terms of the agreement, the amount paid in advance whether e e I Ordinance No. 1356 , Page 6. full, partial or no advance payment is made, the name, address and telephone number of the seller, the delivery or performance date and whether a guar- antee or warranty is provided and, if so, the terms thereof. Section 3. Nothing herein shall be construed so as to include any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes. . Section 4. It shall be the responsibility of each so- licitor, peddler or canvassor to display or have available, upon his person, evidence of compliance with any license, inspection, registration or permit requirement provided for under the laws and administrative regulations of this State and the provisions of the Codes of the City of La Porte. Any police officer or other authorized official of the City shall have the right to request evidence of compliance with the above provisions requir- ing any license, inspection, registration or permit. Section 5. Application for License. Applicants for license - under this Ordinance, whether a person, firm or corporation shall file a written sworn application signed by the applicant, if an individual, by all partners, if a partnership, and by ,;.." . e the president if a corporation, with the City Secretary, showing: (A) The name or names of the person or persons having the management or supervision of applicant's business during the time that it is proposed that it will be carried on in the City of La Porte; the local address or addresses of such person or persons while engaged in such business; the permanent address or addresses of such person or persons, the capacity in which such person or persons will act (that is whether as proprietor, agent or otherwise); the name and address of the person, firm or corpor- ation for whose account the business will be carried on, if any; and if a corporation, under the laws of what state the same is incorporated. . . I Ordinance No. 1356 , Page 7. (B) The fingerprints of the person or persons having the management or supervision of applicant's business, as well as the finger- prints of the person or persons canvassing, soliciting, or peddling within the City of La Porte on behalf of the applicant, as well as three (3) letters of recommendation from reliable property owners in the County of Harris. . (C) The place or places, other than the permanent place of business of the applicant where applicant within the six (6) months next preceding the date of said application con- ducted a transient business, stating the nature thereof and giving the post office and street address of any building or office in which such business was conducted. (D) The place or places in the City of La Porte where it is proposed to carryon applicant's business, and the length of time during which it is proposed that said business shall be conducted; . ....... (E) A statement of the nature, character and quality of the goods, wares or merchandise to be sold or offered for sale by applicant in the City of La Porte, the invoice value and quality of such goods, wares and merchan- dise, whether the same are proposed to be sold from stock in possession or from stock in possession and by sample; at auction, by direct sale or by direct sale and by taking orders for future delivery; where the goods or property proposed to be sold are manufac- tured or produced and where such goods or products are located at the time said appli- cation is filed. .,,,. (F) A brief statement of the nature and character of the advertising done or proposed to be done in order to attract customers, and, if required by the City Secretary, copies of all said advertising whether by handbills, cir- culars, newspaper advertising, or otherwise, shall be attached to said application as exhibits thereto; e (G) Whether or not the person or persons having the management or supervision of the appli- cant's business have been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense and the punishment assessed therefor, as well as whether or not the person or persons doing the canvassing, peddling, or solicitation on behalf of the applicant have . e ~ Ordinance No. l356 , Page 8. been convicted of a crime, misdemeanor or the violation of any municipal ordinance, the nature of such offense, and the punish- ment assessed therefor. (H) Credentials from the person, firm or cor- poration for which the applicant proposes to do business, authorizing the applicant to act as such representative: . (I) Such other reasonable information as to the identity or character of the person or persons having the management or super- vision of applicant's business or the method or plan of doing such business as the City Secretary may deem proper to fulfill the purpose of this Ordinance in the protection of the public health, safety and well being. Section 6. Investigation and Issuance. Upon receipt of such application, the City Secretary shall cause such investi- gat ion of such person's or persons' business responsibility or moral character to be made as he deems necessary to the protection of the public good. If, as a result of such invest i- gation, the applicant's character and business responsibility are found to be unsatisfactory, the application shall be denied. e If, as a result of the investigation, the character and business responsibility appear to be satisfactory, the City Secretary shall so certify in writing, and a license shall be issued by the City Secretary. The City Secretary shall keep a full record in his/her office of all licenses issued. Such license shall contain the number of the license, the date the same is issued, the nature of the business authorized to be carried on, the amount of the license fee paid, the expiration date of said license, the place where said business may be carried on under said license, and the name or names of the person or persons , authorized to carryon the same. I . e I e . Ordinance No. 1356 , Page 9. Section 7. Bond. Before any license, as provided by this ordinance, shall be issued for engaging in a transient or itinerant business as defined in this ordinance in the City of La Porte, such applicant shall file with the City Secretary a bond running to the City of La Porte in the sum of one thousand dollars ($1,000.00), executed by the applicant, as principal, and two sureties upon which service of process may be made in the State of Texas; said bond to be approved by the City Attorney, conditioned that the said applicant shall comply fully with all of the provisions of the ordinances of the City of La Porte and the statutes of the State of Texas, regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against said applicant for any violation of said ordinances or statutes, or any of them, together with all judgments and costs that may be recovered against him by any person or persons for damage growing out of any misrepresentation or deception practiced on any person transacting such business with such applicant, whether said misrepresentations or deceptions were made or practiced by the owners or by their servants, agents or employees, either at the time of making the sale or through any advertisement of any character whatsoever printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Action on the bond may be brought in the name of the City to the use of the aggrieved person. Such bond must be approved by the City Attorney, both as to form, and as to the responsi- bility of the sureties thereon. .. . I Ordinance No. 1356 , Page 10. Section 8. Fees. (1) A license fee of Sixty Dollars ($60.00) per calendar year, or any portion thereof, plus Two Dollars ($2.00) per badge; provided, however, no fee shall be required of charitable, non-profit and religious organizations. (2) No fee shall be required of one selling products of the farm or orchard actually producted by the seller. . Section 9. License and Badges. The City Secretary shall issue to each applicant, upon approval of application, one license and a badge bearing the words "Licensed Peddler". The expiration date of the license and the number of the license should appear on the badge in letters and figures plainly discernable. Such badge shall be worn constantly by the licensee on front of his/her hat or outer garment in such a way as to be conspicuous during such time as said licensee is engaged in peddling, canvassing or soliciting. e Section 10. Duty of Police to Enforce. It shall be the duty of any police officer of the City of La Porte to require any person seen peddling, canvassing, vending or soliciting, and who is not known by such officer to be duly licensed, to produce his license and to enforce the provisions of this Ordinance against any person found to be violating the same. Section 11. Revocation of License. Permits and licenses issued under the provisions of this Ordinance may be revoked by the Chief of Police of the City of La Porte after notice of hearing, for any of the following causes: 'I (A) Fraud, misrepresentation or false statement contained in the application for license; . . I Ordinance No. 1356 , Page 11. (B) Fraud, misrepresentation or false statement made in the course of carrying on his busi- ness as a canvasser, solicitor, direct seller, peddler or vendor; (C) Any violation of this Ordinance; (D) Conviction of any crime or misdemeanor in- volving moral turpitude; or . (E) Conducting the business of peddling, can- vassing, soliciting, direct selling, or vending in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the public. (F) Notice of he hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage paid, to the licensee at his last known address at least five (5) days prior to the date set for hearing. Section 12. Appeal. Any person aggrieved by the action of the Chief of Police or the City Secretary in the denial of an application for permit or license as provided in this Ordi- nance, or in the decision with reference to the revocation of I a license as provided in this Ordinance, shall have the right to appeal to the City Council of the City of La Porte. Such appeal shall be taken by filing with the City Council, within fourteen (14) days after notice of the action complained of has been mailed to such person's last known address, as written statement setting forth fully the grounds for the appeal. The Council shall set a time and place for hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 11 of this Ordinance for notice of hearing on revocation. The decision and order of the Council on such appeal shall be final and conclusive, and shall , be considered an exhaustion of appellant's administrative reme- dies. . e I Ordinance No. 1356 , Page 12. Section 13. Expiration of License. All under the provisions of this Ordinance shall 31st day of December in the year when issued. licenses expire issued on the . Section 14. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 15. All conflict herewith are conflict only. ordinances or parts of ordinances in hereby repealed to the extent of such e Section 16. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of the ord inance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). I Section 17. The City Council officially finds, deter- mines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the Ci ty Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, . . , , . . Ordinance No. 1356 , Page 13. Article 6252-17, Texas' Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 18. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. PASSED AND APPROVED this the ~~ day of ~LJ , 1983. CITY OF LA PORTE By ATTEST: '." , "'. . ..'/...... -. ;;. ./ :;. '/ APPROVED: . -".. ,. ...::::'. ,....~~~. . 6~d City Attorney ~