10-11-98-Ordinance-Amending Itinerant Merchants, Peddlers, Vendors Solicitor Application and Fees-10/19/1998ORDINANCE NO. i n- i 7 - u
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANGER, TEXAS, AMENDING ARTICLE 4.200 (ITINERANT
MERCHANTS, PEDDLERS AND VENDORS) OF THE CODE
OF ORDINANCES OF THE CITY, BY DELETING THE TEXT
OF SECTIONS 4.201 THROUGH 4.208, AND REPLACING
WITH NEW PROVISIONS REGULATING SOLICITORS AND
PEDDLERS; PROVIDING FOR AN APPLICATION;
PROVIDING PAYMENT OF A PERMIT FEE; PROVIDING
FOR APPEALS; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALER; PROVIDING AN EFFECTIVE DATE; AND
DECLARING AN EMERGENCY.
WHEREAS, the City Council of the City of Sanger, Texas, upon full consideration of the
matter, has determined that for the health, welfare, and safety of its citizens, it is desirable to change
the regulations governing Itinerant Merchants, Peddlers and Vendors:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SANGER, TEXAS:
I. AMENDMENTS
Article 4.200, Sections 4.201 through 4.208 (Itinerant Merchants, Peddlers and Vendors) of
the Sanger City Code, are hereby amended by deleting the present language in such sections and in
their place inserting the following provisions:
"See. 4.201 Definitions.
The following words, terms and phrases, when used in this article, shall have the meaning
ascribed to them in this section, except where the context clearly indicates a different meaning;
(a) Charitable means and includes the words patriotic, philanthropic, social service, health,
welfare, benevolent, educational, civic, cultural or fraternal, either actual or purported.
(b) Contributions mean and include the words alms, money, subscription, property or any
donations under the guise of a loan or money or property.
(c) Peddler means any person who goes upon the premises of any private residence in the
City, not having been invited by the occupant thereof, carrying or transporting goods, wares,
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merchandise or personal property of any nature and offering the same for sale. This definition also
includes any person who solicits orders and as a separate transaction makes deliveries to purchasers
as part of the scheme to evade the provisions of this Ordinance.
(d) Peddling includes all activities ordinarily performed by a peddler as indicated under
paragraph (c) of this Section.
(e) Person means a natural person or any firm, corporation, association, club, society or
other organization.
(f) Solicitor means any person who goes upon the premises of any private residence in
the City, not having been invited by the occupant thereof for the purpose of taking or attempting to
take orders for the sale of goods merchandise, wares, or other personal property of any nature for
future delivery, or for services to be performed in the future. This definition also includes any person
who, without invitation, goes upon private property, to request contribution of funds or anything of
value, or sell goods or services for political, charitable, religious or other non-commercial purposes.
(g) Solicitation includes all activities ordinarily performed by a solicitor as indicated under
paragraph (f) of this Section.
Section 4.202. Permit Requirements and Exemptions.
It shall be unlawful for any person eighteen (18) years of age or older to engage in peddling
or solicitation activities within the City of Sanger without first obtaining a permit issued by the City
Secretary; provided, however, that the following are exempted from the provisions of this Section:
(a) Any solicitation made upon premises owned or occupied by an organization upon
whose behalf the solicitation is made;
(b) Any communication by an organization soliciting contributions solely from persons
who are members of the organization at the time of such solicitation;
(c) Any solicitation in the form of a collection at a regular meeting, assembly or service
of a charitable organization;
(d) Any solicitation for the relief of any individual specified by name at the time of the
solicitation where the solicitor represents in each case that the entire amount collected shall be turned
over to the named beneficiary.
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Section 4.203. Permit for Sponsoring Juvenile Peddlers.
(a) No person under the age of eighteen (18) shall be permitted to engage in peddling
except as provided in this Section.
(b) A permit shall be obtained by a sponsoring person, company or organization for the
conduct of any peddling or solicitation activities involving, in whole or in part, a sales force of one
(1) or more persons under eighteen (18) years of age.
(c) The sponsor shall be responsible for supervising and controlling the conduct of all
persons, including juveniles, peddling under the sponsor's permit.
(d) The sponsor shall provide to each individual in its sales force a badge or other easily
readable form of identification which identifies the name of the sponsor and the name of the
individual. The sponsor shall require all individuals in its sales force to wear such identification so
ha it is clearly visible at all times when the individuals are peddling or soliciting.
Section 4.204. Permit Application.
Every person subject to the provisions of this Ordinance shall file with the City Secretary an
application in writing on a form furnished by the City which shall provide the following information:
(a) Date of birth, address and identification of the applicant, to be provided through the
applicant's driver's license, articles of incorporation (for sponsors), or other legally recognized form
of identification;
(b) Names, addresses, driver's, license numbers or other legally recognized form of
identification of all persons who may act as agent or employee of the applicant;
(c) A brief description of the business or activity to be conducted or goods to be sold;
(d) If employed, the name, address and telephone number of employer; or if acting as an
agent, the name, address and telephone number of the principal who is being represented, with
credentials in written form establishing the relationship and the authority of the employee or agent
to act for the employer or principal, as the case may be;
(e) The length of time for which the right to peddle or solicit is desired;
(f) The applicant's state sales and use tax permit number, if required by law in order to
conduct the proposed business, or proof of exemption if none is required;
ORDINANCE NO. 10-11-98 PAGE 4
(g) If a vehicle is to be used, make, model, color and license number shall be provided;
(h) Whether applicant, upon sale or order, shall demand, receive or accept deposit or total
payment in advance of final delivery.
Sec.4.205. Fees.
A fee which is set out in Article 15.000 of the Appendix of this Code shall be paid prior to
the issuance of a permit for each solicitor or peddler. When any solicitor or peddler shall engage in
an activity through one or more agents or employees, in addition to the fee for the applicant, a permit
fee shall be paid for each agent or employee so engaged, and the fee shall entitle the agent or
employee to a permit for the same term and upon the same conditions as that of the primary permit.
No permit fee shall be refunded.
Sec. 4.206. Application Review and Permit Issuance.
(a) Upon receipt of an application, the City Secretary shall review the application as
deemed necessary to ensure compliance with Section 4.204.
(b) If the City Secretary shall endorse his/her approval on the application and shall, upon
payment of the prescribed fee, issue the required permit to the applicant.
(c) The permit shall show the name, address and driver's license number of the permittee,
the class of permit issued, the kind of goods or services to be sold or delivered, the date of issuance,
and the length of time that the permit will be in effect. The permit will also show the permit number.
Sec. 4.207. Denial of Permit.
(a) Upon the City Secretary's review of the application, he/she may refuse to issue a
permit to the applicant for any of the following reasons:
(1) The location and time of solicitation or peddling would endanger the safety
and welfare of the solicitors, peddlers or their customers;
(2) An investigation reveals that the applicant falsified information on the
application;
(3) There is no proof as to the authority of the applicant to serve as an agent to
the principal; or
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(4) The applicant has been denied a permit under this Ordinance within the
immediate past year, unless the applicant can and does show to the satisfaction of the City
Secretary that the reasons for such earlier denial no longer exist.
(b) The City Secretary's disapproval and reasons for disapproval shall be noted on the
application, and the applicant shall be notified that his application is disapproved and that no permit
will be issued.
Sec. 4.208. Permit Expiration.
All permits issued under the provisions of this Ordinance shall expire twelve (12) months from
the date of issuance, unless an earlier expiration date is noted on the permit.
Sec. 4.209. Permit Exhibition.
Every person required to obtain a permit under the provisions of this Ordinance shall exhibit
the permit when requested to do so by any prospective customer, City employee or police officer.
Sec. 4.210. Transfer Prohibited.
It shall be unlawful for any person other than the permittee to use or exhibit any permit issued
under the provisions of this Ordinance.
Sec. 4.211. Entry Upon Signed Premises Unlawful.
It shall be unlawful for any person, whether licensed or unlicensed, while conducting the
business of a solicitor or peddler, to enter upon any residential premises in the City where the owner,
occupant or person legally in charge of the premises has posted, at the entry to the premises, or at
the entry to the principal building on the premises, a sign bearing the words "No Peddlers", "No
Solicitors", or words of similar import.
Sec. 4.212. Hours of Solicitation.
No person, while conducting the activities of a solicitor or peddler, whether licensed or
unlicensed, shall enter upon any private property, knock on doors or otherwise disturb persons in
their residences between the hours of 8:00 p.m. and 8:00 a.m.
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Sec. 4.213. Permit Revocation.
Any permit issued under this Ordinance may be revoked or suspended by the City Secretary,
after notice and hearing, for any of the following reasons:
(a) Fraud, misrepresentation or false statement contained in the application for a permit;
(b) Fraud, misrepresentation or false statement made by the permittee in the course of
conducting solicitation or peddling activities;
(c) Conducting solicitation or peddling activities contrary to the provisions contained in
this Ordinance.
(d) Conducting peddling or solicitation activities in such a manner as to create a public
nuisance, constitute breach of peace or endanger the health, safety or general welfare of the public.
Sec. 4.214. Notice and Hearing.
Notice of a hearing for revocation of a permit issued under this Ordinance shall be provided
in writing and shall set forth specifically the grounds for the proposed revocation and the time and
place of the hearing. Notice shall be mailed, postage prepaid, to the permittee at the address shown
on the permit application or at the last known address of the permittee.
Sec.4.215. Appeals.
(a) Any person aggrieved by the.action or decision of the City Secretary to deny, suspend
or revoke a permit applied for under the provisions of this Ordinance shall have the right to appeal
such action or decision to the City Administrator within fifteen (15) days after the notice of the action
or decision has been mailed to the person's address as shown on the permit application form, or to
his last known address.
(b) An appeal shall be taken by filing with the City Secretary a written statement setting
forth the grounds for the appeal.
(c) The City Secretary shall transmit the written statement to the City Administrator
within ten (10) days of its receipt and the City Administrator shall set a time and place for a hearing
on the appeal.
(d) A hearing shall be set not later than twenty (20) days from the date of receipt of the
appellant's written statement.
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(e) Notice of time and place of the hearing shall be given to the appellant in the same
manner as provided for the mailing of notice of action or decision.
(f) The decision of the City Administrator on the appeal shall be final and binding on all
parties concerned.
Sec.4.216. Enforcement.
It shall be the duty of any police officer of the City to require any peddler or solicitor who is
not known by such officer to be duly permitted, to produce his permit and to enforce the provisions
of this article against any person found to be violating the same.
Sec. 4.217. Claims of Exemption.
Any person claiming to be legally exempt from the regulations set forth in this Ordinance, or
from the payment of a permit fee, shall cite to the City Secretary the statute or other legal authority
under which exemption is claimed and shall present to the City Secretary proof of qualification for
such exemption."
H. APPENDIX AMENDMENTS
Appendix A, Article 15.000 of the Sanger City Code is hereby amended by deleting the
present language in such section and in its place inserting the following provision:
"The solicitor or peddler permit fee shall be $ 250.00 per year. The permit fee
for each agent or employee of a solicitor or peddler shall be $ 25.00 per year. If the sale
of food is involved, there shall be an additional fee of $ 25 . oo per year for the issuance
of a City health permit."
M. VIOLATIONS AND PENALTY.
(a) Violation of any of the provisions of this Ordinance shall upon conviction, be
punishable by a fine not to exceed Two Thousand and No/100 ($2,000.00) Dollars for each offense,
and each and every day such violation shall continue shall constitute a separate offense.
(b) In addition to any criminal enforcement, the City or any individual may pursue any
available civil remedies deemed appropriate and necessary.
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IV. SEVERABILITY
The provisions of this Ordinance are declared to be severable. If any section, sentence, clause,
or phrase of the Ordinance shall for any reason be held to be invalid or unconstitutional by a court
of competent jurisdiction, such decisions shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance, but they shall remain in effect; it being the
legislative intent that this Ordinance shall remain in effect notwithstanding the validity of any part.
V. REPEALER.
All ordinances or parts of ordinances inconsistent or in conflict herewith are hereby repealed.
VI. EFFECTIVE DATE.
This Ordinance shall become effective from and after its adoption and publication of notice
as required by law.
VII. EMERGENCY.
It being for the public welfare that this Ordinance be passed, creates an emergency and public
necessity, and the rule requiring this Ordinance be read on three (3) separate occasions be, and the
same is hereby waived, and this Ordinance shall now be placed on its third and final reading for
passage, and shall be in full force and effect from and after its passage and approval and publication,
as provided by law.
PASSED AND APPROVED by vote of 5 to 0 on the 19th day of
October , 1998.
MAYOR
ATTEST:
City Secretary