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HomeMy WebLinkAboutO-364-10-81a ORDINANCE NO. 364 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, REPEALING ORDINANCE NO. 52 OF THE CITY OF ALLEN, TEXAS; DEFINING AND REGULATING ITINERANT MERCHANTS, ITINERANT VENDORS, PEDDLERS, AND PERSONS SELLING OR TAKING ORDERS FOR GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, NEWSPAPERS, MAGAZINES, OR SUBSCRIPTIONS TO NEWSPAPERS OR MAGAZINES; PROVIDING FOR A LICENSE AND A LICENSE FEE; EXEMPTING THOSE ENGAGED IN INTERSTATE COMMERCE AND THOSE ASSOCIATED WITH CHARITABLE ORGANIZATIONS FROM LICENSE FEES, BUT REQUIRING SUCH PERSONS AND/OR ORGANIZATIONS TO REGISTER WITH THE CITY SECRETARY; AND PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE, INCLUDING A FINE OF NOT LESS THAN $5.00 NOR MORE THAN $200.00; PROVIDING FOR THE PUBLICATION OF THE CAPTION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:- SECTION EXAS SECTION 1. Registration Required. It shall be unlawful'for any direct seller to engage in direct sales within the City without being registered for that purpose as provided herein. SECTION 2. Definitions. (a) "Direct seller" means any individual who, for himself, or for a partnership, association or corporation, sells goods, or takes sales orders for the later delivery of goods, 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 and transient merchants. The sale of goods includes donations required by the direct seller for the retention of goods by a donor or prospective customer. (b) "Permanent merchant" means a direct seller who, for at least one year prior to the consideration of the application of this ordinance to said merchant, has continuously operated an established place of business in this City which meets all zoning and other pertinent ordinances. (c) "Goods" shall include personal property of any kind, and shall include goods provided incidental to services offered or sold. Ordinance No. 3 6 4 - Page 1 f k (d) "Charitable organization" shall include any benevolent, philanthopric, patriotic or eleemosynary person, partnership, association or corporation, or one purporting to be such. (e) "Soliciting event" means a direct sale undertaking involving a product or service sold door-to-door, or the like, for a period not to exceed five (5) consecutive days from the date of registration with the City Secretary as provided herein. (f) "Interstate commerce" means the intercourse and traffic between citizens or residents of different states, including navigation and the transportation of persons and property, and the purchase, sale and exchange of commodities. SECTION 3. Exemptions. The following shall be exempt from all provisions of this ordinance; except those provisions relating to registration with the City Secretary: (a) Any person delivering newspapers, fuel, dairy products or bakery goods to regular customers on established routes; (b) Any person selling goods at wholesale to dealers in such goods; (c) Any person selling agricultural products which such person has grown; (d) Any permanent merchant or employee thereof who takes orders away from the established place of business for goods regularly offered for sale by such merchant within the City and who delivers such goods in their regular course of business; (e) Any person who has an established place of business where the goods being sold are offered for sale on a regular basis, and in which the buyer has initiated contact with, and specifically requested a home visit by, said person; (f) Any person who has had, or one who represents a company which has had, a prior business transaction, such as a prior sale or credit arrangement, with the prospective customer; (g) Any person selling or offering for sale a service unconnected with the sale or offering for sale of goods; (h) Any person holding a sale required by statute or by order of any court and any person conducting a bona fide auction sale pursuant to law; (i) Any person engaged in the sale of products or services in interstate commerce as defined herein. SECTION 4. Registration. Applicants for registration must complete and return to the Ordinance No. 3 6 4 - page 2 Ll City Secretary a registration application, a form of which is attached hereto as Exhibit "A", furnished by the City Secretary which shall require the following information: Name, permanent address and telephone number, and temporary address, if any; Age, height, weight, color of hair and eyes; Name, address and telephone number of the person, firm, association or corporation that the direct seller represents or is employed by, or whose merchandise is being sold; any; Temporary address and telephone number from which business will be conducted, if Nature of business to be conducted and a brief description of the goods offered, and any services offered; Proposed method of delivery of goods, if applicable; Make, model and license number of any vehicle to be used by applicant in the conduct of his business; The last three previous cities, villages, towns, where applicant conducted similar business; City; Place where applicant can be contacted for at least seven days after leaving the Statement as to whether applicant has been convicted of any crime or ordinance violation related to applicant's transient merchant business within the past five years; the nature of the offense and the place of conviction. SECTION 5. Additional information. Each applicant shall present to the City Secretary for examination: A driver's license or some other proof of identity as may be reasonably required; A state certificate of examination and approval from the sealer of weights and measures where applicant's business requires use of weighing and measuring devices approved by state authorities; A state health officer's certificate where applicant's business involves the handling of food or clothing and is required to be certified under state law; such certificate to state that applicant is apparently free from any contagious or infectious disease, dated not more than ninety days prior to the date the application for license is made. Ordinance No. 364 - Page 3 At the time the registration is returned, each registrant, with the exception of any employee, officer or agent of a charitable organization or one engaged in interstate commerce as defined herein (charitable organizations and those engaged in interstate commerce being specifically exempt from the payment of any and all fees required by this ordinance), shall pay a fee of $25.00 to the City Secretary to cover the cost of processing said registration, said initial fee including the fee for one (1) soliciting event per year for one agent. Provided, however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned in Section 1 hereof through more than one agent or employee, such person, firm, company, partnership, corporation or association, except in the event of any employee, officer or agent of a charitable organization or those engaged in interstate commerce who shall be exempt therefrom, shall, for each additional agent or employee, and in addition to said $25.00 fee above mentioned, pay a license fee of $10.00 for each agent additional or employee so engaged. The fees herein provided for shall be valid for a total of one (1) soliciting event per agent, said soliciting event to last no longer than five (5) days, except for charitable organizations as defined herein which shall be allowed up to three (3) soliciting events per year, not to run consecutively, said soliciting event(s) to last no longer than five (5) days, from the date of the issuance of the permit and shall be used for the purpose of defraying expenses incident to the issuing of said license. In the event any person, firm, company, partnership, corporation or association engages in more than one (1) soliciting event as referred to above, with the exception of charitable organizations and those engaged in interstate commerce, as defined herein, same being exempt, then in that event such person, firm, company, partnership, corporation or association shall be required to reapply for registration through the City Secretary, pay a registration fee of $25.00, and, where applicable, a license fee of $10.00 for each additional agent or employee engaged by such person, firm, company, partnership, corporation or association. Upon payment of said fee, the City Secretary shall register the applicant as a direct seller and date the entry. Said registration shall be valid for a period not to exceed five (5) consecutive days from the date of entry, subject to subsequent refusal as provided in Section 6, and shall be valid for a total of one (1) soliciting event during said five (5) day period. Charitable organizations shall be allowed up to three (3) soliciting events per year; provided, however, none shall run consecutively. In the event a charitable organization engages in three (3) soliciting events as referred to Ordinance No. 364 - Page 4 above, though exempt from the payment of fees, still, in that event, said organization shall be required to reapply for registration through the City Secretary, who shall register the applicant as a direct seller and the date of entry. Said registration shall be valid for a period of one (1) year from the date of entry, subject to subsequent refusal as provided in Section 6, and shall be valid for a total of three (3) soliciting events during said one-year period from the date of each registration. SECTION 6. Investigation. Upon receipt of each application, the City Secretary may refer it immediately to the Chief of Police who may make and complete an investigation of the statements made in such registration. The City Secretary shall refuse to register the applicant if it is determined, pursuant to the investigation above, that: the application contains any material omission or materially inaccurate statement; complaints of a material nature have been received and proven against the applicant by authorities in the three previous cities, villages and towns, in which the applicant conducted similar business; the applicant was convicted of a crime, statutory violation or ordinance violation within the last five years, the nature of which is directly related to the applicant's fitness to engage in direct selling; or the applicant failed to comply with any applicable provision of Section 4. SECTION 7. Regulations. The following regulations shall govern the conduct of registrants hereunder: It shall be unlawful for any direct seller to call at any dwelling or other place between the hours of 7:00 p.m. and 9:00 a.m. except by appointment; to call at any dwelling or other place where a sign is displayed bearing the words "No Peddlers", "No Solicitors" or words of similar meaning; to call at the rear door of any dwelling place, or to remain on any premises after being asked to leave by the owner, occupant or other person having authority over such premises. It shall be unlawful for a direct seller to misrepresent or make false, deceptive or misleading statements concerning the quality, quantity or character of any goods offered for sale, the purpose of his visit, his identity or the identity of the organization he represents. A charitable organization direct seller shall specifically disclose what part 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 Ordinance No. 364 - Page 5 of the sale price of goods. It shall be unlawful for any direct seller to impede the free use of sidewalks and streets by pedestrians and vehicles. Where sales are made from vehicles, all traffic and parking regulations shall be observed. It shall be unlawful for any direct seller to make any loud noises or use any sound amplifying device to attract customers if the noise produced is capable of being plainly heard outside a one -hundred foot radius of the source. It shall be unlawful for any direct seller to allow rubbish or litter to accumulate in or around the area in which he is conducting business. SECTION 8. Disclosure Requirements. The following requirements shall govern the conduct of registrants: After the initial greeting and before any other statement is made to a prospective customer, a direct seller shall expressly disclose his name, the name of the company or organization he is affiliated with, if any, and the identity of goods or services he offers to sell. SECTION 9. Records. The chief of police shall report to the City Secretary all convictions for violation of this ordinance and the City Secretary shall note any such violation on the record of the registrant convicted. SECTION 10. Revocation of Registration. The registration of a direct seller may be revoked by the City Secretary for any violation of this ordinance. SECTION 11. Penalty. Any person, firm or corporation violating any provision of this ordinance shall be fined not less than Five Dollars ($5.00) nor more than Two Hundred Dollars ($200.00) for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 12. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, Ordinance No. 364 - Page 6 paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 13. That from and after the effective date of this ordinance, Ordinance No. 52 is hereby repealed. SECTION 14. The caption of this ordinance shall be published two (2) times in a weekly newspaper published in the City of Allen, and shall be effective immediately upon its passage and publication. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 1st day of October , 1981. APPROVED: M. B. Pierson MAYOR ATTEST: n 0��L �-� Marty Hendrixj CITY SECRETARY APPROVED AS TO FORM: A. Don rowder ATTORNEY Ordinance No. 364 - Page 7 EXHIBIT "A" APPLICATION FOR REGISTRATION AS A DIRECT SELLER Applicant's Name: Phone #: Temporary Address: Age: Height: Weight: Employer Name: Phone #: Temp. Bus. Phone #: Permanent Address: V Color of Hair: Eyes: Employer Address: Temp. Bus. Address: Nature of business and description of goods/services offered: Proposed method of delivery of goods, if applicable: Make , Model , and License No. of vehicle to be used by Applicant in the conduct of his business. List the last three previous cities, villages and/or towns where Applicant conducted similar business: Address and phone number where Applicant can be contacted for at least seven (7) days after leaving the city: Please state whether Applicant has been convicted of any crime or ordinance violation relative to Applicant's transient merchant business within the past five (5) years. If so, please state the nature of the offense and the place of conviction. Names and ages of all agents participating in sale of goods or services to be offered: APPROVED: CITY OF ALLEN, TEXAS By DAR: , 19 Applicant's Signature City Secretary Exhibit "A" -Ordinance No. 364