O-2938-8-10ORDINANCE NO. 2938-8-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
CHAPTER 8 "LICENSES AND BUSINESS REGULATIONS," BY AMENDING
ARTICLE III BY AMENDING THE REGULATIONS GOVERNING ITINERANT
MERCHANTS, PEDDLERS AND SOLICITORS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM
OF FIVE HUNDRED DOLLARS ($500) FOR EACH OFFENSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, COLLIN COUNTY, THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended, by
amending Chapter 8 "Licenses and Business Regulations" by amending Division 1 "Generally" of Article III
"Itinerant Merchants, Peddlers, and Solicitors" to read as follows:
"ARTICLE III. ITINERANT MERCHANTS, PEDDLERS, AND SOLICITORS
Sec. 8-61. Definitions.
' The following words and phrases, when used in this article, shall have the meanings ascribed to them
by this section, except where the context indicates otherwise:
Charitable purpose means philanthropic, religious or other nonprofit 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 any direct benefit to the individual making the solicitation, to include the benefit of any
political group or political organization which is subject to financial disclosure under state or federal law.
Consumer means an individual who seeks or acquires real or personal property, services, money, or
credit for personal, family or household purposes.
Consumer transaction means a sales transaction in which one (1) or mom of the parties are a
consumer.
Handbill means and includes any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter
or literature.
Handbill distributor means and includes any person engaging or engaged in the business for hire or
gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any person
receiving compensation directly or indirectly for the distribution of such handbills.
' Handbill sponsor means and includes any person, fine or corporation who utilizes handbills as a
medium of advertising or spreading a message.
Home solicitation means soliciting in person or by telephone call from house to house for the
purposes of selling or attempting 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 to take or attempt to take orders for services to be furnished or performed in the future.
Home solicitation transaction means a consumer transaction for the purchase of goods, services, or
realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale
to the consumer at a residence, in person or by telephone, and the consumer's agreement or offer to purchase
is given at the residence to the merchant in person or by telephone. A home solicitation transaction shall not
include a sale made pursuant to a preexisting 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.
Individual means a natural person.
Itinerant vendor means any person who sets up and operates a temporary business on privately owned
property, whether improved or unimproved, in the city, soliciting, selling, or taking orders for, or offering to
sell or take orders for any goods or services. A temporary business is one that continues for forty-five (45)
days or less; and, exists whether solicitation is from a stand, vehicle, or freestanding. Any business that exists
more than forty-five (45) days shall be deemed to be a permanent occupancy and is required to obtain a
certificate of occupancy from the building inspection department.
Job placement activities means any request, offer, enticement, or action which announces the
availability for, or of employment, or seeks to secure employment. 'lob placement activities" shall be deemed
complete when made whether or not an actual employment relationship is created.
Merchant means a party to a consumer transaction other than a consumer.
Person means an individual, corporation, trust, partnership, association or any other legal entity.
Political purpose means any form of communication relating to a political issue, a particular
candidate to a position or non-partisan office, or to a political party.
Public right-of-way means the traveled portion of a roadway, traffic medians and the area that is
within ten (10) feet of the curb line. In absence of a curb line, the area within ten (10) feet of the shoulder of a
road or highway.
Residence means any separate living unit occupied for residential purposes by one (1) or more
persons, contained within any type of building or structure.
Residential street means a thoroughfare, collector or local street abutting residential property.
Solicitation, soliciting, solicited or any other action form of the word solicit means the act of asking,
bartering, or communicating in any other such manner, whether orally, by written and or printed material,
hand signing or by any other method, direct or implied, by an individual or group of individuals for the
purpose of, receiving or obtaining money, alms, gifts or items of value, real or intrinsic for said individual,
person, or group of individuals, an organization, joint venture, joint stock company, partnership, club,
company, corporation, business, trust, or any other organization or affiliate thereof.
Solicitfunds or solicitation offunds shall mean any request for money, property, or anything of value,
or the pledge of a future payment of money, or delivery of 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,
Ordinance No. 2938-8-10, Page 2
but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications. Expressly
excluded from the meaning of "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 person or
individual then located within the corporate limits of the city.
Sec. 8-62. Solicitation in public right-of-way.
(a) A person may solicit for a commercial solicitation or for a charitable purpose in or upon the
public right-of-way, except those areas prohibited in this article, provided such person has obtained a permit
or is a member of an organization that has obtained a permit.
(b) Solicitation in the public right-of-way shall be conducted only during the hours of daylight,
that is one-half hour after sunrise and one-half hour before sunset.
(c) It shall be unlawful for a person younger than eighteen (18) years of age to solicit in the
public right-of-way.
(d) It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the
roadway unless the solicitor has been granted authorization pursuant to § 552.0071, Chapter 552 of the Texas
Transportation Code.
(e) It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the
roadway of residential streets so that their presence impedes the flow of traffic.
(f) It shall be unlawful for a person to solicit in the public right-of-way that is within one
thousand (1,000) feet of any public or private elementary or secondary school between the hours of 7:30 a.m.
and 4:30 p.m. on days when such school is in session. The measurement of the distance shall be from the
nearest property line of the public or private elementary or secondary.
Sec. 8-63. Solicitation in specified public right-of-ways prohibited.
(a) It shall be unlawful for any person to solicit, or to distribute handbills, at any time, in the
public rights-of-way, with or without a permit, within one thousand (1,000) feet of the following
intersections:
(1) Greenville Avenue at its intersection with:
a. Stacy Road
b. Exchange Parkway
c. Jupiter Road
d. Main Street
e. Bethany Drive
E Chaparral Road
' (2) Stacy Road at its intersection with:
a. US 75 (Central Expressway)
b. SH 121
Ordinance No. 2938-8-10, Page 3
c. Ridgeview Drive
d. Watters Road
e. Chelsea Blvd.
f Allen Station Parkway
g. Greenville Avenue
h. Allen Heights Drive
L Angel Parkway
(3) Exchange Parkway at its intersection with:
a. US 75 (Central Expressway)
b. SH 121
c. Ridgeview Drive
d. Twin Creeks Drive
e. Alma Drive
'
f
Bray Central Drive
g.
Watters Road
h.
Bossy Boots Drive
i.
Allen Station Parkway
j.
River Crest Blvd.
k.
Greenville Avenue
I.
Allen Heights Drive
m.
Angel Parkway
(4) McDermott Drive at its intersection with:
a.
US 75 (Central Expressway)
b.
Custer Road
c.
Twin Creeks Drive
'
d.
Alma Drive
e.
Watters Road
Ordinance No. 2938-8-10, Page 4
f Allen Drive
Ordinance No. 2938-8-10, Page 5
g. Cedar Drive
'
(5)
Bethany Drive at its intersection with:
a. US 75 (Central Expressway)
b. Alma Drive
c. Watters Road
d. Greenville Avenue
e. Jupiter Road
f Heritage Parkway
g. Allen Heights Drive
It. Cheyenne Drive
i. Angel Parkway
(6)
Main Street at its intersection with:
'
a. Allen Drive
b. Greenville Avenue
c Jupiter Road
d. Allen Heights Drive
e. Malone Drive
f Angel Parkway
(7)
Custer Road at its intersection with:
a. Hedgcoxe Road
b. McDermott Drive
c. Ridgeview Drive
d. SH 121
(8)
Alma Drive at its intersection with:
'
a. Hedgcoxe Road
b. Bethany Drive
Ordinance No. 2938-8-10, Page 5
Ordinance No. 2938-8-10, Page 6
c. McDermott Drive
d. Exchange Parkway
e. Ridgeview Drive
f SH 121
(9)
Watters Road at its intersection with:
a. Bethany Drive
b. McDermott Drive
c. Exchange Parkway
d. Stacy Road
e. Ridgeview Drive
f SH 121
(10)
Allen Heights Drive at its intersection with:
a. Chaparral Drive
'
b. Bethany Drive
c. Main Street
d. Exchange Parkway
e. Stacy Road
(11)
U.S. Highway 75 at its intersection with:
a. Bethany Drive
b. McDermott Drive
c. Exchange Parkway
d. Cabello Drive
e. Stacy Road
f Ridgeview Drive
g. SH 121
'
(12)
Chaparral Road at its intersection with:
a. Allen Heights
Ordinance No. 2938-8-10, Page 6
b. Jupiter Road
' c. Greenville Avenue
(13) Angel Parkway at its intersection with:
a. Bethany Drive
b. Main Street
c. Exchange Parkway
d. Stacy Road
(14) Jupiter Road at its intersection with:
a. Chaparral Drive
b. Bethany Drive
c. Main Street
d. Greenville Avenue
See. 8-64. Solicitation and handbill distribution on private property.
' (a) It shall be unlawful for any person to conduct home solicitation without first obtaining a
permit as prescribed by this article.
(b) It shall be unlawful for any person directly or through an agent to distribute or cause to be
distributed, deposited or placed, thrown or scattered any handbill in or upon any premises within the corporate
limits of the city, without first having a permit as prescribed by this article.
(c) All solicitation on residential property, whether for a commercial or non-commercial purpose,
including the distribution of handbills, shall occur only during the time that is one-half (1/2) hour after sunrise
and one-half (1/2) hour before sunset, except when the solicitor is on the property by the express prior
invitation of the owner or occupant of the property.
(d) It shall be unlawful for any person, handbill distributor or handbill sponsor, to distribute or
cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any residential
premises except by handing or transmitting such handbill directly to the owner, occupant, or any other person
then present in or upon such private premises, or by placing or depositing the same in a manner to secure and
to prevent such handbill from being blown or drifting about such premises, except that mailboxes may not be
used when prohibited by applicable federal or state law.
(e) It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed,
thrown, scattered or cast any handbill upon any residential premises if requested by anyone thereon not to do
so, or if there is placed on such premises 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 bearing the words "no
' trespassing," "no peddlers," "no advertisements," "no solicitation," "no handbills," or any similar notice
indicating in any manner that the occupants of such premises do not desire to have any such handbills left
upon such premises. The letters on such cards shall be not less than two -third (213) of an inch in height.
Ordinance No. 2938-8-10, Page 7
(t) It shall be unlawful for any person to go upon any residential premises for the purpose of
solicitation and ring the doorbell, or knock upon the door or create any sound for the purpose of attracting the
' attention of the occupants of the residence if there is placed on such premises a card described in subsection
(e) above in a conspicuous place upon or new the main entrance of the residence, unless at the request of the
owner or occupant of such premises.
(g) No person, other than the occupant of the premises, shall remove, deface or render illegible a
card placed by the owner or the occupant under subsections (e) and (t) above.
(h) Any person who has gained entrance to a premises or an audience with the occupant, whether
invited or not, shall immediately depart such premises when requested to leave by the occupant.
(i) No person shall engage in or attempt to engage in any mobile vending operation involving
food products unless such person has in such person's immediate possession a valid permit required under this
article and health permit issued by the city.
0) No person shall engage in or attempt to engage in any mobile vending operation involving
food products on any public street other than a residential street, or on any street which includes four (4) or
more marked traffic lanes or within the limits of any city park.
(k) Any person engaged in or who attempts to engage in mobile vending operations involving
food products shall stop such person's motor vehicle only in immediate response to a direct request from a
potential customer and for a period not to exceed fifteen (15) minutes.
(1) All persons engaged in mobile vending operations involving food products shall comply with
all traffic laws and parking regulations. Sales and deliveries of products shall not be made from any part of
the vehicle away from the curb.
Sec. 8.65. Display of identification cards.
(a) The person(s) in charge of conducting the solicitation shall ensure that all solicitors involved
in the solicitation shall possess on their persons a valid photo identification card prescribed by the city that
that correctly identifies who the solicitor is, and for whom the solicitor is soliciting. A solicitor, while
engaged in a solicitation, shall display the identification card prominently and in a conspicuous place on such
person's clothing. It shall be unlawful for any solicitor, while engaged in a solicitation, to fail to display such
identification card upon their clothing.
(b) The city shall prescribe the form for photographic identification cards for persons engaged in
solicitation.
(c) The applicant for the permit required under this article shall at the time application is made
provide, by a separate list, the names and addresses of all agents or employees for whom identification cards
are to be issued. The applicant shall pay a fee for each identification card that is issued in an amount
established by the city council by resolution, from time to time.
Sea 8-66. Display of permit to solicit.
The persons) in charge of conducting the solicitation shall provide each solicitor with a copy of the
permit issued by the city as prescribed by this article. It shall be unlawful for any solicitor to engage in
' solicitation without having a copy of the permit required by this article in such person's immediate possession.
It shall be unlawful for any solicitor engaged in a solicitation to fail or refuse to show or display such copy of
the permit upon the request of any person, or to display a permit issued in the name of another person.
Ordinance No. 2938-8-10, Page 8
Sec. 8-67. Solicitation for other purposes.
t It shall be unlawful for any person(s) to solicit in the city for a purpose other than that set out in the
application upon which the permit was issued.
Sec. 8.68. Permit fee.
It shall be unlawful for any person to solicit or distribute handbills within the city without first
obtaining a written permit from the city police department. Every application shall be accompanied by a
nonrefundable permit fee established by resolution of the city council, from time -to -time. A permit fee shall
he charged for each person engaged in a solicitation.
Sec. 8.69 Permit Application.
(a) A person who desires to solicit or distribute handbills within the city shall make written
application on a form provided by the city to the city police department which shall contain at a minimum the
following:
(1) The full and legally recognized names and any associated aliases, logos, nicknames, and
abbreviated names of the entity or person applying for the permit;
(2) If the purpose of the solicitation is for the distribution of handbills, the name of the handbill
distributor and handbill sponsor;
(3) Whether the person applying is an individual, partnership, corporation or association, and:
a. The business or residence address and telephone number of the applicant
b. If a partnership, the names of all partners and the principal business address and
telephone number of each partner;
C. If a corporation, the person applying shall state whether it is organized under the laws
of this state or is a foreign corporation, and must include the mailing address,
business address, telephone number, name of the individual in charge of such
corporation, and, if a foreign corporation, the place of incorporation;
d. If an association, the application shall state the association's principal business
address and telephone number, if any, and shall state the names and principal
business and residence addresses and telephone numbers of all members of the
association unless in excess of ten (10) members, in which event the application shall
so state and the application must contain the name and principal business and
residence addresses and telephone numbers of the officers, directors or trustees of the
association. If the association is a part of a multi -state organization or association, the
application shall state the mailing address and business address of its central office,
in addition to the mailing address and business address of the local office.
(4) The names, mailing address and telephone number of all individuals who will be in direct
charge or control of the solicitation;
I(5) The time period and dates during which the solicitation is to be made the date of the
commencement of solicitation and its projected conclusion, and how often the applicant will
solicit during the year,
(6) A description of the methods and means by which the solicitation is to be accomplished;
Ordinance No. 2938-8-10, Page 9
(7) The nature of merchandise to be sold or offered for sale, or the nature of the services to be
' famished;
(8) Whether such applicant, upon any such order so obtained, will demand, accept or receive
payment or deposit of money in advance of final delivery;
(9) 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;
(10) Name, address, telephone number and social security number of each adult who will be
responsible for supervising anyjuvenile solicitor.
(11) Whether the applicant, or any person employed by the applicant to solicit, has ever been
convicted of a felony or a misdemeanor involving moral turpitude.
(b) The application must be signed by the applicant, if the person applying is an individual; if the
applicant is a partnership, by the partner charged with disbursing funds solicited; if a corporation or an
association, by the officer charged with disbursement of the funds solicited. The individual signing the
application shall sign the application and acknowledge that such person has read the application and that all
information contained therein is true and correct.
(c) The application information provided by applicant will be subject to verification by the police
department.
(d) The application shall also contain satisfactory written proof of the individual's authority to
' represent the applicant.
(e) The application must include the applicant's taxpayer identification number and be
accompanied by a copy of a valid state sales tax certificate, if applicable.
(f) The application shall be accompanied by the nonrefundable permit fee established by
resolution of the city council from time to time. No permit shall be issued until such fee has been paid by the
applicant.
(g) It shall be unlawful for any person to file a false application with the city.
Sec. 8-70. Exemption from permit fee.
A permit fee shall not be required of:
(a) Duly authorized, nonprofit charitable organizations, that are registered as such with the
Secretary of State for the State of Texas;
(b) Ordinary commercial travelers who sell or exhibit for sale goods, wares or merchandise to
persons selling and dealing in the same within the city;
(c) Persons offering for sale agricultural products, meats, poultry, or other articles of food grown
or produced by such persons; or
(d) Individuals operating under a license granted by this state.
Ordinance No. 2938-8-10, Page 10
Sec. 8-71. Permit issuance, duration and form.
(a) A permit applied for under this article shall be issued by the city police department within ten
(10) business days after a completed permit application is filed, unless it is determined that the applicant has
provided false or incomplete information.
(b) A permit applied for under this article shall be issued for the length of time requested, not to
exceed ninety (90) days. Permits for handbill distribution and permits for mobile vending operations shall be
issued for a period not to exceed thirty (30) days.
(c) The city 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 same applicant.
Sec. 8-72. Denial or revocation of permit to solicit.
A permit required under this article may be denied or revoked for any one or more of the following:
(1) Applicant has provided false or misleading information in an application;
(2) A permit holder is charged and subsequently convicted of theft or fraud, or a violation of any
city, state, or federal law, in connection with a solicitation in the city;
(3) A permit holder has made, or caused to be made, false statements or misrepresentations to
any member of the public with regard to the solicitation;
' (4) Failure to comply with any provision of this article; or
(5) A permit holder creates a traffic or safety hazard to themselves or others.
Sec. 8-73. Appeal from denial or revocation of permit to solicit
A person denied a permit or who has had a permit revoked, may appeal that action to the city
manager, or designee, by submitting a letter to the city secretary within ten (10) business days of the
complained action. A hearing on such appeal will then be scheduled within seven (7) business days after the
receipt of the appeal, with the hearing to be held within fifteen (15) business days after receipt of the appeal.
The city manager, or designee, shall render a decision on the appeal within three (3) business days after the
date of the hearing. The decision of the city manager, or designee, shall be final.
Sec. 8.74. Supervision of child solicitors.
It shall be unlawful for any person to use children seventeen (17) years of age or less for any type of
solicitation or handbill distribution purposes unless said children are actively supervised by a person at least
eighteen (18) years of age, who has been issued a permit under this article, or who is the agent of the
permittee. In all cases the supervising person shall be within one hundred (100) yards of the child solicitor.
Sec. 8.75 Prohibition of job placement activities in unauthorized locations.
' (a) No person shall engage in or attempt to engage in job placement activities in an unauthorized
location. This section shall not apply to job placement activities concerning employment or business for the
owner or tenants of the premises.
Ordinance No. 2938-8-10, Page 11
(b) This section shall apply only to locations that has a notice posted in both English and Spanish
in a conspicuous place at each entrance and exit to such location not less than eighteen (18) inches by twenty-
four (24) inches in size with lettering not less than one (1) inch in height and not to exceed, in total area, six
(6) square feet, substantially the following form:
It is unlawful to engage in job placement activities on these premises.
Sees. 8-76-8-95 Reserved."
SECTION 2. All ordinances of the City of Allen in conflict with the provisions of this ordinance shall be,
and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in
conflict herewith shall remain in full force and effect.
SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance
or of the Code of Ordinances, as amended hereby, be adjudged or held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances, as
amended hereby, which shall remain in full force and effect.
SECTION 4. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances, as amended, in effect when the offense was committed and the
former law is continued in effect for this purpose.
SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance or
of the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the
Code of Ordinances of the City of Allen, as previously amended, and upon conviction shall be punished by a
fine not to exceed the sum of Five Hundred Dollars ($500) for each offense.
' SECTION 6. This Ordinance shall take effect immediately from and after its passage and the publication of
the caption, as the law and charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 27'ra DAY OF JULY, 2010.
APPR VED:
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTEST:
eter G. Smith, &TY ATTORNEY Shelley B. George, ITY SECRETARY
(PGS:tlo:43992:07-01-10)
1
Ordinance No. 2938-8-10, Page 12