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HomeMy WebLinkAboutO-805-8-87ORDINANCE NO. 805-8-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING ORDINANCE NO. 364, SECTIONS 2 THROUGH 14, AND CHAPTER 8, "LICENSES AND BUSINESS REGULATIONS", ARTICLE III, "ITINERANT MERCHANTS, PEDDLERS, ETC.", DIVISIONS 1 and 2, OF THE CITY OF ALLEN CODE OF ORDINANCES; 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, A LICENSE FEE AND IDENTIFICATION CARD FEE; EXEMPTING THOSE ENGAGED IN INTERSTATE COMMERCE FROM LICENSE FEES BUT REQUIRING SUCH PERSONS AND/OR ORGANIZATIONS TO REGISTER WITH THE CITY SECRETARY; PROVIDING FOR A PENALTY GLAUNE, A SEVERABILITY CLAUSE, PUBLICATION OF THE CAPTION, AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, upon full consideration of the matters has determined the desirability and necessity of providing new regulations for home solicitations and charitable solicitations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1. Ordinance No. 364, Sections 2 through 14, and Chapter 8, "Licenses and Business Regulations", Article III, "Itinerant Merchants, Peddlers, Etc.", Divisions 1 and 2, of the Code of Ordinances of the City of Allen, Texas, are hereby amended as follows: SECTION 2. Definitions. The following words and phrases shall have the meaning respectively ascribed to them by this section: (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 Ordinance No. 805-8-87 - Page 1 donations required by the direct seller for the retention of goods by a donor or prospective customer. (b) MOBILE VENDOR means a merchant who initiates sales transactions from a motor vehicle on a public street, stopping in immediate response to a direct request from a potential consumer, for a period not to exceed fifteen (15) minutes. The term as used herein specifically excludes persons who sell transportation services only, such as taxi or bus service. (c) CONSUMER means an individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes. (d) CONSUMER TRANSACTION means a sales transaction in which one or more of the parties is a consumer. (e) HOME SOLICITATION TRANSACTION means a consumer transaction for the purchase of goods, services, or realty, payable in installment or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence and the consumer's agreement or offer to purchase is given at the residence to the merchant in person. A home solicitation transaction shall not include a sale made pursuant to the pre-existing revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale; or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker. (f) MERCHANT means a party to a consumer transaction other than a consumer. (g) PERSON means an individual, corporation, trust, partnership, association, or any other legal entity. (h) INDIVIDUAL shall mean only a natural person. (i) RESIDENCE means any separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. (j) SOLICIT FUNDS or SOLICITATION OF FUNDS shall mean any request for the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value; or the selling or offering for sale of any property, real or personal, tangible or intangible, whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications. Expressly excluded from the meaning "solicit funds" or "solicitation of funds" is any offer of membership in any organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limits of the city. Ordinance No. 805-8-87 - Page 2 (k) CHARITABLE PURPOSE shall mean philanthropic, religious or other non-profit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans' association or organization; the benefit of any fraternal, social or civic organization, or the benefit of any educational institution. "Charitable purpose" shall not be construed to include the direct benefit of the individual making the solicitation. "Charitable purpose" shall not be construed to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law. (1) 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. Unlawful Solicitation. (a) No person, directly or through an agent, shall canvass or solicit in person from house-to-house in the City of Allen to sell or attempt to sell goods, merchandise, wares, services, or anything of value or to take or attempt to take orders for the future delivery of goods, merchandise, wares, or any personal property of any nature whatsoever, or take or attempt to take orders for services to oe iurnisnea or performed in the future, without first having a written permit therefor, unless the solicitation is for charitable purposes. (b) It shall be unlawful for any person, directly or through an agent or employee, to solicit funds for charitable purposes within the corporate limits of the city unless such person shall have first obtained a Certificate of Registration. (c) It shall be unlawful for any individual, as the agent or employee of another, to solicit funds for charitable purposes in the city unless his principal or employer has received a Certificate of Registration. (d) It shall be unlawful for an individual to solicit funds without visibly displaying an identification card provided by this Ordinance. Such display must be such that the consumer can read the contents of the identification card. card. (e) It shall be unlawful for any person to alter an identification (f) It shall be unlawful for an individual to solicit funds while displaying an identification card issued in the name of another individual. (g) It shall be unlawful to solicit funds after the hours of 7:00 p.m. and before 9:00 a.m., except by appointment. Ordinance No. 805-8-87 - Page 3 (h) It shall be unlawful for any person, directly or through an agent or employee, to solicit funds after the expiration of any permit or Certificate of Registration issued as hereinafter provided. (i) It shall be unlawful for the person registering or applying, or the agents or employees thereof, to solicit funds for a purpose other than that set out in the registration statement or application upon which the Certificate of Registration or permit was issued. (j) It shall be unlawful for any person who shall solicit funds in the city to represent in connection with such solicitation of funds that the issuance of a Certificate of Registration or permit, or an identification card by the city constitutes an endorsement or approval of the purposes of such solicitation of funds by the city or any officer or employee thereof. (k) 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 of the sale price of goods. (1) 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. No direct seller shall engage in or attempt to engage in any mobile vending operation on any public street which is not residential in character, or on any street which includes four or more marked traffic lanes. (m) 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 two -hundred (200) foot radius of the source. (n) 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 4. Application for Permit. Any person desiring to make home solicitation transactions within the city shall file a written application for a permit to do so with the City Secretary, which application shall show: (a) The full name of the person applying and desiring to make home solicitations. (b) Whether the person applying is a natural person, partnership, corporation or association; and, Ordinance No. 805-8-87 - Page 4 (1) If a natural person, the business and residence address and telephone number of the applicant must be given. (2) If a partnership, the names of all partners and the principal business address and telephone number of each partner must be given. (3) If a corporation, the person applying shall state whether it is organized under the laws of Texas or is a foreign corporation and must show the mailing address, business location, telephone number, name of the individual in charge of the Allen office of such corporation, and the names and addresses of all officers and directors or trustees of said corporation, and if a foreign corporation, the place of incorporation. (4) If an association, the application shall show the association's principal business address and telephone number, if any, and shall show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed five (5) in number, in which case the application shall so state and the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is a part of a multi -state organization or association, the mailing address and business location of its central office shall be given, in addition to the mailing address and business location of its local office. (c) The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds. (d) The time period within which the solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusion. (e) A description of the methods and means by which the solicitation of funds is to be accomplished. (f) The names of other communities in which the applicant has made home solicitations in the past six (6) months. (g)' • The nature of merchandise to be sold or offered for sale or the nature of the services to be furnished. (h) Whether such applicant upon any such order so obtained will demand, accept or receive payment or deposit of money in advance of final delivery. (i) A statement to the effect that if a permit is granted, such permit will not be used as or represented to be an endorsement by the city or any of its officers or employees. Ordinance No. 805-8-87 - Page 5 (j) Any other information which the City of Allen deems necessary for the administration of this Ordinance. (k) The application must be signed by the applicant, if the person applying is an individual; if the person applying is a partnership, by the partner charged with disbursing funds solicited; if the person applying is a corporation or an association, by its officer charged with disbursing the funds solicited. The individual signing the application shall sign the application and swear before an officer authorized to administer oaths that he has carefully read the application and that all the information contained therein is true and correct. (1) Information provided by applicant shall be subject to verification by the Allen Police Department. (m) Such application shall also show satisfactory written proof of the individual's authority to represent the company. SECTION 5. Registration Fee. The application shall be accompanied by a fee of $25.00 and no permit hereunder shall be issued until such fee has been paid by such applicant. In addition, a $1.00 per identification card fee shall be charged. SECTION 6. Issuance of Permit. (a) A permit applied for under this Ordinance shall be issued by the City Secretary not sooner than two (2) days and within ten (10) business days after the application is completed and filed, unless it is determined that the applicant has provided false or incomplete information on its application. (b) A permit requested under this Ordinance shall be issued for the length of time requested, not to exceed six (6) months. (c) The City of Allen shall prescribe the form of the permit. Each such permit shall be printed in black except that the following shall be printed prominently thereon in red: "The issuance of this permit is not an endorsement by the City of Allen or any of its officers or employees." Each permit shall bear a permit number which is the same as the file containing the application filed by the applicant. SECTION 7. Solicitors Identification Cards. The City of Allen shall prescribe the form for identification cards for solicitors. Each such identification card shall bear the name of the applicant, the application number, the name of the solicitor or agent, the expiration date of the permit, and it shall have printed prominently thereon in red: "This identification card is not an endorsement of the solicitation by the City of Allen or any of its officers or employees. It is your duty to verify all information given to you by this solicitor." Ordinance No. 805-8-87 - Page 6 The applicant shall provide, by a separate list, the names and addresses of all agents or employees for whom identification cards are to be issued. SECTION 8. Public Disclosure. All applications, whether or not a permit has been issued, shall be a public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at cost. SECTION 9. Exemptions from Permit Fee. The permit fee required by this chapter for the issuance of a permit under the provisions of this chapter shall not be required of the following: (a) Ordinary commercial travelers who sell or exhibit for sale goods, wares or merchandise to persons selling and dealing in the same within the city. (b) Persons offering for sale agricultural products, meats, poultry, or other articles of food grown or produced by such persons. (c) Any person engaged in the sale of products or services in interstate commerce as defined herein. (d) Individuals operating under licenses granted by a state agency. SECTION 10. Exhibiting Card Prohibiting Solicitors. (a) A person, desiring that no merchant or other person engage in a home solicitation at his residence, shall exhibit in a conspicuous place upon or near the main entrance to the residence, a weatherproof card, not less than three (3) inches by four (4) inches in size, containing the words, "NO SOLICITORS". The letters shall be not less than two-thirds (2/3rds) of an inch in height. (b) Every merchant upon going onto any premises upon which a residence is located shall first examine the residence to determine if any notice prohibiting soliciting is exhibited upon or near the main entrance to the residence. If notice prohibiting soliciting is exhibited, the merchant shall immediately depart from the premises without disturbing the occupant, unless the visit is the result of a request made by the occupant. (c) No person shall go upon any residential premises and ring the doorbell, or rap or knock upon the door or create any sound in a manner calculated to attract the attention of the occupant of the residence for the purpose of securing an audience with the occupant and engaging in or attempting to engage in a home solicitation transaction, if a card as described in Subsection (a) above is exhibited in a conspicuous place upon or near the main entrance to the residence, unless the visit is the result of a request by the occupant. Ordinance No. 805-8-87 - Page 7 (d) No person, other than the occupant of the residence, shall remove, deface, or render illegible, a card placed by the occupant pursuant to Subsection (a) above. (e) Any merchant who has gained entrance to a residence or audience with the occupant, whether invited or not, shall immediately depart from the premises without disturbing the occupant further when requested to leave by the occupant. SECTION 11. Exception. The provisions of Sections 4 through 10 shall not apply to a person engaged in charitable solicitation and holding a Certificate of Registration as provided for herein. SECTION 12. Registration Statement. All persons desiring to solicit funds for charitable purposes in the city shall file with the City Secretary a registration statement, on forms provided by the City of Allen, containing the following information: (a) The full name of the person registering and desiring to solicit funds for charitable purposes. (b) Whether the person registering is a natural person, partnership, corporation or association; and, (1) If a natural person, the business or residence address and telephone number must be given. (2) If a partnership, the names of all partners and the principal business address and telephone number of each partner must be given. (3) If a corporation, the person registering must state whether it is organized under the laws of Texas or is a foreign corporation and must show the mailing address, business location, telephone number, name of the individual in charge of the Allen office of such corporation, and the names and addresses of all officers and directors or trustees of said corporation, and if a foreign corporation, the place of incorporation. (4) If an association, the registration statement shall show the association's principal business address and telephone number, if any, and shall show names and principal business or residence addresses and telephone numbers of all members of the association unless they exceed five (5) in number, in which case the application shall so state and the person registering may alternatively list the names and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is part of a multi -state organization or association, the mailing address and business location of its Ordinance No. 805-8-87 - Page 8 central office shall be given, in addition to the mailing address and business location of its local office. (c) The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation of funds. (d) The time period within which the solicitation of funds is to be made, giving the date of the beginning of solicitation and its projected conclusion. (e) A description of the methods and means by which the solicitation of funds is to be accomplished. (f) A statement of all facts relied on by the applicant to justify the solicitation to be for charitable purposes. (g) A statement to the effect that if a Certificate of Registration is granted, such certificate will not be used or represented to be an endorsement by the city or any of its officers or employees. (h) Any other information which the City of Allen deems necessary for the administration of this Ordinance. (i) The registration statement must be signed by the applicant, if the person registering is an individual; if the person registering is a partnership, by the partner charged with disbursing funds solicited; if a person registering is a corporation or an association, by its of ficer charged with disbursing the funds solicited. The individual signing the registration statement shall sign the statement and swear before an officer authorized to administer oaths that he has carefully read the registration statement and that all the information contained therein is true and correct. (j) Information provided by applicant in accordance with the provisions of this section shall be subject to verification by the Allen Police Department. SECTION 13. Registration Fee. Every registration statement shall be accompanied by a registration fee of Twenty -Five Dollars ($25.00) to compensate the city for the cost of administering this Ordinance, and such fee will not be refundable. In addition, a One Dollar ($1.00) per identification card fee shall be charged. SECTION 14. Issuance of Certificate of Registration. After review of the registration statement to determine its compliance with Section 12 above and not sooner than two (2) days and within ten (10) business days of the receipt of the registration statement, the City Secretary shall either issue a Certificate of Registration, as provided in Section 12, or, notify the person registering that the Ordinance No. 805-8-87 - Page 9 registration statement does not comply with the requirements of Section 12 above and specifically point out what information or explanation has not been furnished that is required before a Certificate of Registration can be issued. SECTION 15. Form of Certificate of Registration. The City of Allen shall prescribe the form of the Certificate of Registration. Each such Certificate of Registration shall be printed in black except that the following shall be printed prominently thereon in red: "The issuance of this Certificate of Registration is not an endorsement by the City of Allen or any of its officers or employees." Each Certificate of Registration shall bear a registration number which is the same as the file containing the registration statement tiled by the registrant. SECTION 16. Solicitors Identification Cards. The City of Allen shall prescribe the form for identification cards for solicitors. Each such identification card shall bear the name of the person registering, the registration number, the name of the solicitor, or agent, the expiration date of the Certificate of Registration, and it shall have printed prominently thereon in red: "This identification card is not an endorsement of the solicitation by the City of Allen or any of its officers or employees. It is your duty to verify all information given to you by this solicitor." The person registering shall provide, by a separate list, the names and addresses of all agents or employees for whom identification cards are to be issued. SECTION 17. Expiration of the Certificate of Registration. Every Certificate of Registration issued by the City of Allen and every identification card shall expire at the termination of the solicitation period specified in the registration statement. Charitable organizations shall be allowed up to three (3) soliciting events per year; provided, however, none shall run consecutively. SECTION 18. Public Disclosure. All registration statements whether or not a Certificate of Registration has been issued, shall be of public record and shall be available for inspection by members of the public during regular business hours and copies may be obtained at cost. SECTION 19. Exceptions. The following are excepted from the operation of charitable solicitations: (a) The solicitation of funds for charitable purposes by any organization or association from its members. Ordinance No. 805-8-87 - Page 10 (b) The solicitation of funds for charitable purposes by a person when such solicitation occurs on premises owned or controlled by the person soliciting funds or with the permission of the person who owns or controls the premises when previously invited to the premises for the solicitation. (c) The issuance of any announcement or advertisement that charitable solicitation will occur or which announces or advertises an event at which unannounced charitable solicitation will occur. SECTION 20. Minors. It shall be unlawful for any person to use children thirteen (13) years of age or younger on any type of solicitation purposes unless said children are actively supervised by an adult individual at least eighteen (18) years of age who is permitted or registered or is the agent of the permittee or registeree, depending upon the type of solicitation. In all cases the supervising adult shall be within one hundred (100) yards of the child solicitor. SECTION 21. Mobile Vendors. (a) No merchant shall engage in or attempt to engage in any mobile vending operation unless that merchant has in his immediate possession a valid Solicitor's Permit issued to him under the provisions of this code. (b) No merchant shall engage in or attempt to engage in any mobile vending operation involving a food item unless that merchant has in' his immediate possession a valid Health License issued to him by the City of Allen. SECTION 22. Denial or Revocation. Failure to comply with any of the provisions of this Ordinance shall constitute grounds for denial or revocation of any permit or Certificate of Registration sought to be issued or issued in accordance with the provisions of this Ordinance. SECTION 23. Appeal from Denial or Revocation. Should an applicant or registrant be denied a permit or Certificate of Registration or have a Certificate of Registration revoked, he may appeal the action to the City Council of the City of Allen by submitting a letter to the City Manager within ten (10) days of the action complained of. A hearing on the denial will then be scheduled for the next regular meeting of the City Council. The City Council shall render a decision on the appeal within one (1) day of the date of the hearing. Such hearing shall be an administrative hearing. Adherence to formal rules of evidence shall not be required. The decision of the City Council shall be final. SECTION 2. If any provision, section, subsection, sentence, clause or Ordinance No. 805-8-87 - Page 11 phrase of this Ordinance or the application of same to any person or set of circumstances is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions of this Ordinance or their application to other persons or sets of circumstances shall not be affected thereby, it being the intent of the City Council in adopting this Ordinance that no portion thereof or provision or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality of any other portion hereof and all provisions of this Ordinance are declared to be severable for that purpose. SECTION 3. The violation of any provision of this Ordinance shall be punished by a fine not exceeding Two Hundred Dollars ($200.00) and each day any violation shall continue shall constitute a separate offense. 1987. SECTION 4. This Ordinance shall become effective on October 1, DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 20th DAY OF August, 1987. APPROVED: Donald P. Rodenbaugh, Mayor T ATTEST: Marty Hendrix, CNW, City Secretary OVED AS TO FORM: A. Don r r, City Attorney Ordinance No. 805-8-87 - Page 12 City of Atten TO: MAYOR AND MEMBERS OF THE ALLEN CITY COUNCIL FROM: MARTY HENDRIX, CITY SECRETARS1� SUBJECT: SOLICITORS' ORDINANCE DATE: AUGUST 14, 1987 BACKGROUND At the May 7, 1987 City Council Meeting, the City Council directed the city staff to review the city's current solicitors' ordinance in order to revise the ordinance so that it might be more flexible towards newspaper solicitation. Since the adoption of the city's solicitors' ordinance in October, 1981, there have been several areas in that ordinance which have been difficult for the city staff to work with. Those areas are as follows: 1. No provisions for a time period as to when the permit should be issued by the city and to allow for the background checks. 2. Requested information on the application form does not provide the adequate information for the Police Chief. 3. Five-day solicitation time limit has not deferred solicitors from soliciting in the city if that was the original intent. Actually, it creates a problem for city staff in that the solicitors are continually returning to city hall requesting additional five days to solicit. Some solicitors try to solicit without a license due to the short timeframe. 4. Since solicitors with products that are manufactured out-of-state and solicitors with dairy products or produce are exempt from the license fee, very little revenue has ever been collected on this ordinance. The city has not been able to recoup even the cost to print the license forms. Also, on many occasions applications have been processed and licenses have been prepared but never picked up by the applicants. One Butler Circle - Allen. Texas 75002 - 214/727-9171 -MeLro'214/424-751 PAGE 2 TO: MAYOR AND MEMBERS OF THE ALLEN CITY COUNCIL SUBJECT: SOLICITORS' ORDINANCE DATE: AUGUST 14, 1987 Therefore, city staff has taken this opportunity to thoroughly review the solicitation ordinance in order to bring it more in line with the requirements and needs in the city. ANALYSIS City staff requested copies of solicitors' ordinances from the cities of Plano, McKinney, Garland, Richardson, Mesquite, Rowlett, Addison, and The Colony in order to review the require- ments in other cities and to obtain ideas for a new solicitation ordinance for the city. A new ordinance has been prepared which contains the items that were previously left out of the old ordinance and to put more teeth into the city's requirements. The new ordinance also better defines the direct seller/merchant solicitation from the charitable solicitations. Major changes in the ordinance are: 1. Appropriate changes have been made in the information that will be reflected on the application form in order to assist the Police Department in the information that they need to do an appropriate check on the applicant. 2. Time period for issuance of the license has been well defined in the ordinance. 3. An appeal process has been provided in the ordinance if a license has been denied by the City Secretary. 4. Solicitation period within the city has been changed from a period of five days to a period of six months. 5. The license fee has been changed from $25.00 for the first person and $10.00 for each additional person to just a flat $25.00 charge for each application. An additional $1.00 will be charged for the issuance of each identification card needed. 6. Charitable solicitation has been separately defined and regulated from the direct seller/merchant solicitation. 7. Inclusion of registration of the "mobile vendor" under the solicitation ordinance. 8. Supervision of minors who are soliciting. PAGE 3 TO: MAYOR AND MEMBERS OF SUBJECT: SOLICITORS' ORDINANCE DATE: AUGUST 14, 1987 RECOMMENDATION THE ALLEN CITY COUNCIL It is the city staff's recommendation that the City Council review and consider adoption of the proposed ordinance as presented, with an effective date of October 1, 1987. City of Allen TO: JON MCCARTY, CITY MANAGER FROM: RICHARD CARROLL,-CHIEF OF POLICE SUBJECT: CONSIDERATION OF ORDINANCE REPEALING ORDINANCE NUMBER 364 DATE: AUGUST 17, 1987 As we have previously discussed, I requested that some additional provisions be added to our ordinance regulating peddlers to include regulating mobile vendors. As you know over the past three years we have had 2 incidents involving mobile ice cream trucks. The existing ordinance does not include mobile vendors in its licensing requirement. The repealing ordinance includes the requirement of licensing by -mobile vendors. You will also note that Section 3, Paragraph L prohibits mobile vendors from engaging in business on a non- residential street, that includes four or more marked lanes. Paragraph M also increases the distance that a sound amplifying device can be heard to 200 foot radius. Aside from the mobile vendor issue, I have reviewed the ordinance and believe it addresses previous concerns well. Please advise if you should need additional information. One butler Circle • Allen, Texas 75002.214/727-9171 Metro 214/424-7518