ORDINANCE
NO. 412
AN ORDINANCE OF
THE CITY OF GRANITE SHOALS, TEXAS, PROVIDING FOR THE REGULATION OF PEDDLERS,
SOLICITORS AND VENDORS; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE ISSUANCE
OF PERMITS; PROVIDING FOR THE SUSPENSION OR REVOCATION OF PERMITS FOR JUST
CAUSE; PROVIDING FOR SEVERABILITY; ESTABLISHING A PENALTY AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City
Council of the City of Granite Shoals desires to promote the public welfare,
health and safety of its citizens by regulating peddlers, solicitors and
vendors within the City of Granite Shoals; NOW THEREFORE:
BE
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SECTION
I REPEALER
A.
Ordinance No. 225 and all other ordinances inconsistent with
this Ordinance are hereby repealed.
SECTION
II DEFINITIONS
The following shall apply to this
Ordinance:
A.
PEDDLER: Any
individual, whether a resident of this city or not, traveling by foot, wagon,
automobile, motor truck or any other type of conveyance, from place to place,
from house to house, or from street to street, for the sale of, as well as the
selling, offering for sale or taking or attempting to take orders for the sale
of goods, wares and merchandise, personal property of any nature whatsoever for
future or immediate delivery, or for services to be performed immediately or in
the future, whether or not such individual had, carries or exposes for sale a
sample of the subject of such sale or not or whether he is collecting advance
payments on such sales or not. The word
“peddler” shall include the terms “canvasser” and “solicitor”. The word “peddler” shall not include
individuals traveling to businesses, houses or places at the invitation of the
resident or owner.
B.
VENDOR: Any
individual, whether a resident of this city or not, who offers for sale food,
beverages, goods, merchandise, or for services to be performed immediately or
in the future, from a certain location, for a period of more than fifteen (15)
minutes, that is not within a building or structure for which a certificate of
occupancy is required by the city. This
term shall not apply to businesses that operate from within a building or
structure within the city for which a certificate of occupancy is required and
also displays or sells food, beverages, goods, merchandise, etc., outside.
C.
INTERSTATE COMMERCE:
Soliciting, selling or taking orders for, or offering to take orders for
any goods, wares, merchandise, photographs, magazines, or subscriptions to
magazines, or things which, at the time the order is taken, are in any federal
district or territory, any commonwealth, or in any other state than Texas and
shipped or introduced in the city in fulfillment of such orders.
D.
PUBLIC WAY: All areas
legally open to public use, such as public streets, sidewalks, roadways,
highways, parkways, alleys, parks, as well as the interior and areas
surrounding public buildings.
E.
MOTOR VEHICLE: Any
vehicle used for the displaying, storing or transporting of articles for sale
by a vendor which is required to be licensed and registered by the state
department of motor vehicles. The term
is to include trailers, trucks and automobiles.
F.
SPECIAL EVENT: Any
occasion including, but not limited to, fairs, shows, exhibitions, city wide
celebrations, festivals, etc., within a specifically defined area of the city
for a period of time established by the City Council.
G.
STAND: Any newsstand,
table bench, booth rack, handcart, pushcart, vehicle or any other fixture or
device used for the display or storage of articles offered for sale by a vendor
or peddler. Such stands must be located
at least ten (10) feet away from all other property lines adjacent to a street.
SECTION
III USE OF
A.
It shall be unlawful for any peddler or vendor to engage in
business within any public ways
within the city.
SECTION
IV USE OF
A.
Vendors may locate within a designated public way in
connection with a special event approved by the City Council and the
appropriate body organizing and implementing the special event.
B.
Farmers may sell agricultural products that were raised or
grown by them within a public way at a place and time designated by the City
Council.
C.
Ice cream vehicles (may use the public ways), provided they
do not remain in one location for longer than fifteen (15) minutes
D.
Peddlers may utilize streets and roads to travel from house
to house or place to place in pursuit of their business.
SECTION
V SALES TAX PERMIT – REQUIRED
A.
Except as specifically permitted by State law, it shall be
unlawful for any peddler or vendor to engage in business within the city
without having obtained and presented a sales tax permit issued by the State of
Texas.
SECTION
VI PEDDLER / VENDOR PERMIT – REQUIRED
SECTION
VII PEDDLER / VENDOR PERMIT – EXEMPTIONS
SECTION
VIII WRITTEN APPLICATION FOR PERMIT – REQUIRED
A.
Any peddler or vendor desiring to engage in commerce within
the city must file a written application for a permit with the City Secretary,
which application shall give the following information for each individual
involved as a peddler or vendor:
1. Applicants name, telephone
number, address, birth date, physical description and either:
(a) Driver’s
license number and state or
(b) Social
Security number and an official, government issued, picture identification card number.
2. If the applicant is
peddling or making solicitations for any commercial, charitable
or political organization; the name, telephone number and address of such
organization.
3. Full and complete list of
goods to be sold and/or services delivered.
4. Description (year, make
& model), license plate number and state, and proof of
insurance of all motor vehicles to be used in soliciting and peddling.
5. Applicant must provide
original identifying document to the City Secretary upon request.
6. A statement that the
applicant has not been convicted of any felonies of any nature or any other crimes of moral turpitude in
this state or any other state,
and, if having been convicted, a full statement as to the place of conviction and crime
for which applicant was convicted.
7. A vendor, except for
special events, shall provide the following additional information:
(a) A letter from the owner of the property
on which the vendor intends to conduct
business. Said letter must state that
the vendor has permission to operate at that
location.
(b) A site plan of the subject property indicating
where the vendor will be located in relation to the
adjacent right-of-way, adjacent
building and the location of two (2) nine by eighteen foot (9’ x 18’) on-site
parking spaces. The location of a vendor
business will not be allowed if it results in a reduction in the
number of parking spaces serving an existing business below that required
by city ordinances.
SECTION
IX PERMIT FEES
A.
All peddlers
and vendors, not exempted by SECTION X, shall pay the following permit fees,
which shall be valid for the calendar year in which they were issued:
1. One person -
$20.00
2. Each addition person -
$10.00 per person
SECTION
X PERMIT FEES – EXEMPTIONS
A.
The following
are exempt from the permit fee:
1. Any individual soliciting or
peddling for a philanthropic, charitable, political
or religious organization, provided such activity is for the sole exclusive benefit of a
nonprofit entity, and so long as the person engaged in such activity does not receive compensation
in the form of a commission,
salary or other monies paid to the applicant for such activity.
2 .Any individual engaged in
interstate commerce.
SECTION
XI PERMIT ISSUANCE – INVESTIGATION
A.
A copy of the
application for permit will be referred to the Chief of Police who will
undertake an investigation of the applicant’s record and background such as
shall be reasonably necessary to protect the public. An applicant for permit under this ordinance
may be reasonably denied if he or she is currently wanted on warrant for
arrest, or if the applicant has been convicted of a felony involving theft,
fraud, bribery or perjury.
SECTION
XII PROCEDURES FOR PERMIT ISSUANCE
A.
The City
Secretary shall review all information relevant to the issuance of a
peddlers/vendors permit and make the determination whether said permit is
granted or denied. Before any permit is
denied the City Secretary shall consult the Mayor and Chief of Police. Said determination shall be made within five
(5) working days of the filing of an application.
SECTION
XIII PERMIT REVOCATION
A.
If after the
permit provided for in this ordinance has been issued, it is determined that
the permit was obtained by false representation in the application, such permit
may be revoked after consultation with the Mayor. Such permit may also be revoked, if it shall
appear that the holder of such permit has violated any ordinance of the city or
any law of the State in connection with any soliciting or selling by such
permit holder or in connection with the collection, ar attempted collection of
any account due to such permit holder or his employer, or in connection with
the repossession or attempted repossession of goods sold by such permit holder
or any other person employed by the employer of such permit holder.
SECTION
XIV APPEALS FROM DECISIONS OF CITY SECRETARY
A.
If the
applicant for a permit under this ordinance or the holder of such permit is
dissatisfied with any holding or finding of the City Secretary, he/she shall
have the right to appeal to the City Council by filing a written notice of such
appeal with the City Secretary within ten (10) days from the making and filing
of such decision of the City Secretary. Upon filing of such notice of appeal, the
application for the permit and all papers possessed by the City Secretary in
connection with such application and such permit shall be delivered to the City
Council, and such matters as may be controversy shall be heard by the Council
at its next Regular meeting after the filing of the notice of appeal.
SECTION
XV SEVERABILITY
A.
Should it be
determined that any portion of this Ordinance is unconstitutional, the
remaining portions of same shall not be affected.
SECTION
XVI PENALTY
A.
Any person,
association, company or corporation violating any provision of this ordinance
within the corporate limits of the City of
SECTION
XVII EFFECTIVE DATE
A.
This ordinance
shall become effective upon passage, adoption and publication in accordance
with state law.
PASSED
AND APPROVED by the City Council of Granite Shoals, Texas at a meeting
on the __________ day of _________________________, 2004, at which a quorum was
present and for which due notice was given pursuant to TEX.GOV’T.CODE 551.041
et.seq. (Vernon 1996, Supp.1)
By:
_________________________
Pat Crochet, Mayor
ATTEST:
_________________________
Ronda Reichle
City Secretary