HomeMy WebLinkAboutOrdinance No. 34ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
PROVIDING FOR THE REGISTRATION OF PEDDLERS AND SOLICITORS
ENGAGED IN INTERSTATE COA'T%11ERCE; PROVIDING FOR THE LICENSING
OF OTHER PEDDLERS, SOLICITTORS AND ITINERANT VENDORS; PROVIDING
FOR FEES; PROVIDING REGULATIONS FOR _PEDDLERS, SOLICITORS .AND
ITINERANT VENDORS; PROVIDING A SEVEILABILITY CLAUSE; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS
($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of the
Colony:
SECTION 1. Definitions.
The term interstate commerce" means soliciting, selling
or taking orders for or offering to take orders for, any goods,
wares, merchandise or other personal property or services,
which, at the time the order is taken, are in another state or
will be produced in another state or shipped or introduced inte
this city in the fulfillment of such order..
The term "peddler", "solicitor" and "itinerant vendor"
shall be any person engaged in the soliciting, selling or
taking orders for, or offering to take orders for, any goods,
wares, merchandise or other personal Property or services,
including but not limited to, produce and photographs, in the
City of the Colony.
The term "itinerant vendor" includes any person, firm
or corporation, as well as his or its agents, servants and
employees, who or which engages in the temporary or transient
business of selling, exhibiting or offering, for sale in the
city, any goods, wares, merchandise, services, photographs,
produce or other personal property, or offers for_ sale or
exhibits the same for sale, or exhibits the same for the
purpose of taking orders or subscriptionsfor the sale thereof.
The term "temporary business" shall mean any business
transacted or conducted in the city in, upon, through or
from any private premises or space upon any private property
for which no definite arrangement for legal right of occupancy
therefor, for the purpose of conducting such business therein
or thereon for a period of at least one month, has been made
in advance of such use and occupancy.
The term "transient business" shall mean the business
of an itinerant vendor as may be operated or conducted by
any person, or his agents, servants or employees, who resides
or is domiciled away from the city or who has a fixed place
of business or business headquarters outside of the city, or
who moves stocks of goods, wares, mercandise or other personal
property or samples thereof into the city with the purpose or
intention of removing them or the unsold portion thereof awav
from the city before the expiration of six months.
SECTION 2.
It shall be unlawful for persons engaged in interstate
commerce to go from house to house or place to place in the
city soliciting, selling or taking orders for, or offering
to take orders for any goods, wares, merchandise, or other
personal property or services, without first having registered
with the City Secretary. Each person so registering shall give
the following information:
(1) The name, home address and local address,
of the registrant. if any,
(2) The name and address of the person, -firm or
corporation, if any, that the registrant represents or for
whom or through whom orders are to be solicited or cleared.
(3) The nature of the articles or things which are
to be sold or for which orders are to be solicited.
(4) Whether the registrant, upon any sale or order,
shall demand, receive or accept payment or deposit of
in advance of final delivery. money
(5) The period of time during vahich the registrant
wishes to solicit or sell in the city.
SECTION 3.
At the time of the registration as provided for above, the
registrant shall furnish the City Secretary written proof, under
oath, of his identity, verified by the person, firm or corporation
for whom or through whom orders are to be solicited or cleared.
SECTION 4.
It shall be unlawful for any person not engaged in interstate
commerce to pursue the occupation of a peddler, solicitor or
itinerant vendor of goods, wares, merchandise, produce, photographs
or other personal property in the city, or for any such person to
go from house to house, or from place to place in the city,
soliciting, selling or taking orders for any goods, wares,
merchandise, produce, photogra-phs or other personal property
without first having, applied for and obtained a license to do so
from the City Secretary. This section shall not apply to persons
engaged in representing a business having an established location
within the city which is not a transient business as described
therein.
SECTION 5.
Application for a license shall be made upon forms furnished
by the City Secretary and shall be in writing under oath and shall
set out the following:
(1) Name of applicant, with his permanent residence.
(2) Name and address of the person, firm or corporation
he represents.
for sale. (3) The kind, type and character of goods he will offer
(4) Names and addresses of five (5) persons as references.
(5) How often the applicant will solicit during the course
of the year.
(6) The names of the cities where applicant Inas worked
in the previous thirty (30) days.
(7) 5%?hether or not apyolicant has ever been convicted of
a felony or :misdemeanor involving moral turpitude.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 3
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
PROVIDING FOR THE REGISTRATION OF PEDDLEnS AND SOLICITORS
ENGAGED IN INTERSTATE COMMIERCE; PROVIDING FOR THE LICEN-
SING OF OTHER PEDDLERS, SOLICITORS AND ITINERANT VENDORS;
PROVIDING FOR FEES; PROVIDING REGULATIONS FOR PEDDLERS,
SOLICITORS AND ITINERANT VENDORS; PROVIDING A SEVERABIL-
ITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE.
DULY PASSED BY THE CITY COUNCIL Oa THE CITY
OF THE COLONY, TEXAS, on the, day of
1978.
APPROVED:
ATTEST:
CITY SECRETARY
SECTION 6.
It shall be the duty of the City Secretary, with the
assistance of the Police Department, to investigate each
applicant for a permit under thisordinamce before issuance
of such permit. Such permit, if granted, shall be issued
for a period of one year upon payment of a permit fee of
$5. The City Secretary may refuse to issue such permit if it
is found that the applicant has been convicted of a felony or
misdemeanor involving moral turpitude, if any of the informa-
tion furnished on the application blank is found tc be false,
if the applicant fails or refuses to furnish the information
required, or if the type of business or goods to be sold will
violate some law of the State of Texas or ordinance of the
City of The Colony.
SECTION 7.
It shall be unlawful for any person to engage in any
activity for which a permit is required by this ordinance
withou carrying such permit on his person while so engaged.
SECTION 8.
If after a permit has been issued it is found that
the permit was obtained by false representation in the
application or if any of the other grounds for refusal
of the permit becomes known, the permit may be revoked
by the City Secretary.
SECTION 9.
It shall be the duty of all charitable orgainzations and
their representatives, commercial agents dealing with local
business establishments in the usual course of business,
insurance salesmen, real estate salesmen and or others
licensed by the State of Texas to follow the same registra-
tion procedures as outlined in Section 2 of this ordinance
for persons engaged in interstate commerce.• All other
provisions of this ordinance shall not apply to the organi-
zations listed in this Section.
SECTION 10.
It shall be unlawful for any person to pursue the
occupation of peddler, solicitor or itinerant vendor
within the city between the hours of sundown and 9:00 a.m.
SECTION 11.
It shall be unlawful for any person or organization to
solicit upon any private premise, if requested by anyone there-
on not to do so, or if there is placed on such premise in a
conspicuous position, near the entrance thereof, a sign giving
notice indicating in any manner, that the occupants of such
premises do not desire to be solicited.
SECTION 12.
Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and,
upon conviction in the Municipal Court of the City of The
Colony, Texas, shall be fined in an amount not to exceed
the sum of Two Hundred Dollars ($200.00) for each offense,
and any person holding a permit under the provisions of
this ordinance who shall be found guilty of an offense under
this ordinance shall have his permit revoked by the City
Secretary immediately.
SECTION 13.
The provisions of this ordinance are severable and the
declaration of a Court of competent jurisdiction that any
SECTION 13 .
provisions of this ordinance is void or unenforceable shall
not affect the remaining portions of this ordinance.
SECTION 14.
This ordinance shall take effect immediately from and
after its passage and the publication of the caption as the
law in such cases provides.
DULY
Texas, On
PASSED y the City
the day
Co un o the City of
The Colony,
of
,�-j
,1978.
APPROVED:
ik/�- J- Oro n Y' a
MAYOR 7--a
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY