ORDINANCE NO. 15-106 AN ORDINANCE AMENDING CHAPTER … · ordinance no. 15-106 an ordinance...

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ORDINANCE NO. 15-106 AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF FORT STOCKTON TITLED PEDDLERS AND ITINERANT MERCHANTS AND VENDORS*, AND REPEALING ALL OTHER ORDINANCES OR PORTIONS THEREOF IN CONFLICT, A SEVERABILITY CLAUSE, AND PROVIDING FOR ITS PUBLICATION AND EFFECTIVE DATE THEREOF. WHEREAS, the City Council has determined that the changes set forth would be in the best interest of the citizens of Fort Stockton. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT STOCKTON, PECOS COUNTY, TEXAS: CHAPTER 17 PEDDLERS AND ITINERANT MERCHANTS AND VENDORS* ARTICLE I. - IN GENERAL Sec. 17-1. - Purpose; Construction. This entire article is and shall be deemed an exercise of the police power of the state and of the city for the public safety, comfort, convenience and protection of the city and the citizens thereof and all of the provisions of this chapter shall be construed for the accomplishment of that purpose. Sec. 17-2. - Refusal to Leave Premises. Any peddler or hawker of goods or merchandise who enters upon premises owned or leased by another and willfully refuses to leave such premises after having been notified by the owner or possessor of such premises or his agent to leave the same shall be guilty of a misdemeanor. Secs.17-3-17-15. - Reserved. ARTICLE II. - PERMIT FOR ITINERANT MERCHANTS AND VENDORS Sec. 17-16. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Itinerant merchant, itinerant vendor, solicitor or peddler shall mean any person who goes from house to house, from town to town, or from place to place in the city soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, or services. Police Department shall mean City of Fort Stockton Police Department. Sec. 17-17. - Reserved. Sec. 17-18. - Required. It shall be unlawful for any itinerant merchant or vendor, solicitor or peddler to engage in any activity mentioned in Section 17-16 without having first applied for and obtained a permit to do so from the City. Sec. 17-19. - Application-Contents. Any person desiring a permit required by this article shall provide a written application to the City ten (10) days prior to the first day of business, which application shall show the following: (1) The full name and post office address of the applicant;

Transcript of ORDINANCE NO. 15-106 AN ORDINANCE AMENDING CHAPTER … · ordinance no. 15-106 an ordinance...

Page 1: ORDINANCE NO. 15-106 AN ORDINANCE AMENDING CHAPTER … · ordinance no. 15-106 an ordinance amending chapter 17 of the code of ordinances of the city of fort stockton titled peddlers

ORDINANCE NO. 15-106

AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF THE CITY OF FORT STOCKTON TITLED PEDDLERS AND ITINERANT MERCHANTS AND VENDORS*, AND REPEALING ALL OTHER ORDINANCES OR PORTIONS THEREOF IN CONFLICT, A SEVERABILITY CLAUSE, AND PROVIDING FOR ITS PUBLICATION AND EFFECTIVE DATE THEREOF.

WHEREAS, the City Council has determined that the changes set forth would be in the best interest of the citizens of Fort Stockton.

NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT STOCKTON, PECOS COUNTY, TEXAS:

CHAPTER 17 PEDDLERS AND ITINERANT MERCHANTS AND VENDORS*

ARTICLE I. - IN GENERAL

Sec. 17-1. - Purpose; Construction.

This entire article is and shall be deemed an exercise of the police power of the state and of the city for the public safety, comfort, convenience and protection of the city and the citizens thereof and all of the provisions of this chapter shall be construed for the accomplishment of that purpose.

Sec. 17-2. - Refusal to Leave Premises.

Any peddler or hawker of goods or merchandise who enters upon premises owned or leased by another and willfully refuses to leave such premises after having been notified by the owner or possessor of such premises or his agent to leave the same shall be guilty of a misdemeanor.

Secs.17-3-17-15. - Reserved.

ARTICLE II. - PERMIT FOR ITINERANT MERCHANTS AND VENDORS

Sec. 17-16. - Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Itinerant merchant, itinerant vendor, solicitor or peddler shall mean any person who goes from house to house, from town to town, or from place to place in the city soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, or services.

Police Department shall mean City of Fort Stockton Police Department.

Sec. 17-17. - Reserved.

Sec. 17-18. - Required.

It shall be unlawful for any itinerant merchant or vendor, solicitor or peddler to engage in any activity mentioned in Section 17-16 without having first applied for and obtained a permit to do so from the City.

Sec. 17-19. - Application-Contents.

Any person desiring a permit required by this article shall provide a written application to the City ten (10) days prior to the first day of business, which application shall show the following:

(1) The full name and post office address of the applicant;

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(2) The state, county, town or city in which the applicant pennanently resides;

(3) The age, height, weight, color of hair and color of eyes of the applicant and hislher assistants;

(4) The occupation in which the applicant desires to engage and for which he/she desires a pennit;

(5) A full and complete description of the goods, wares and merchandise or other articles or tokens which the applicant desires to sell, which description shall give in detail the grade and character of the property to be sold; provided, that further description as to grade and quality may be required;

(6) Whether the applicant or assistants have ever been convicted of a felony or a misdemeanor involving moral turpitude.

Sec. 17-20. - Same-Attachments.

There shall be attached to each application for a pennit under this article the following:

(1) Two (2) recent photographic likenesses of the applicant's face, which photographs shall not exceed one (1) inch square in size;

(2) A certificate or letter from the president, vice president, general manager, sales manager, assistant sales manager or district or area manager of the company for which the applicant works, sells or solicits stating that the applicant is an employee and/or agent of such company;

(3) The applicant is an individual who is not working, selling or soliciting for any finn or company, letters of recommendation from two (2) citizens of the applicant's pennanent residence shall be submitted;

(4) A copy of the Texas State Sales Tax Certificate.

Sec. 17-21. - Same-Consideration by Permit Board.

Upon the filing of an application for a pennit under this article, it shall be the duty of the City to screen the applicant with a background and criminal record search.

Sec. 17-22. - Fee.

Each applicant for a pennit under this article shall be charged a quarterly fee of three hundred fifty dollars ($350.00).

Sec. 17-23. - Bond.

In addition to the filing of the written application as set forth in Section 17-19 and before the issuance of a license as provided this article such itinerant vendor shall obtain a bond from a surety company registered and licensed in the state in the amount of ten thousand dollars ($10,000.00). Such bond shall be upon the condition that such applicant for a license or some person in his behalf will deliver the goods, wares, merchandise photographs and services free from all defects in material and workmanship and within the time as set forth in the application as provided for in Section 17-19 and in accordance with the terms of any order obtained by the applicant within the city and conditioned further that such applicant will comply with the provisions of this article.

Or a Concessionaire Insurance Policy with a mInImum value of ten thousand dollars ($10,000.00)

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Sec. 17-24. - Issuance.

After a favorable review of all requirements by the City that the statements contained in an application for a permit under this article are true and that the applicant has the right, under the Constitution and laws of this state and under the ordinances of this city, to engage in business and that the applicant has not been convicted of a felony or a misdemeanor involving moral turpitude, the City shall issue such permit to the applicant.

Sec. 17-25. - Contents.

Each permit issued under this article shall contain the following:

(1) The name of the applicant and his address;

(2) A physical description of the applicant;

(3) A photograph furnished with the application;

(4) The date the permit was issued.

(5) Texas state sales tax number.

(6) Bond Certificate Number or Concessionaire Insurance Certificate Policy Number.

(7) Copy of the current signed lease from the property owner to utilize the property.

Sec. 17-26. - Duration.

All permits issued under this article shall be valid from the date shown thereon for a period of three (3) months unless sooner revoked as provided in this article.

Sec. 17-27. - To be Carried on Person.

It shall be unlawful for any itinerant merchant or vendor to engage in any activity for which a permit is required by this article unless he/she carries and visibly displays such permit on hislher person while so engaged.

Sec. 17-28. - Limitation.

No itinerant vendor shall have any exclusive right to any location in the public streets nor shall any be permitted a stationary location nor shall he/she be permitted to operate in any congested area where his operations might impede or inconvenience the public. For the purpose of this section, the judgment of a Police Officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested or the public impeded or inconvenienced.

No itinerant vendor shall be permitted to operate within three hundred feet (300') of other permitted concessions or vendors.

Sec. 17-29. - Revocation.

If, after the permit provided for in this article has been issued, the Police Department or other agency or official of the City finds that the permit was obtained by false representation in the application, such permit may be revoked by the Police Department. Such permit may also be revoked if it shall appear to the Police Department that the holder of such permit has violated any ordinance of the City or any law of the State in connection with any soliciting by such holder or in connection with the collection or 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.

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Sec. 17-30. - Appeals.

If the applicant for a permit under this article or the holder of such a permit is dissatisfied with any holding or finding of the Police Department, he/she shall have the right to appeal to the City Manager by filing a written notice of such appeal with the City Manager's Office within ten (10) days from the making and filing of such decision of the City Manager. Upon the filing of such notice of appeal, the application for the permit and all papers possessed by the City in connection with such application and such permit shall be delivered to the City Manager and such matters as may be in controversy shall be heard by the City Manager after filing notice of appeal. If the applicant for a permit under this article or the holder of such a permit is dissatisfied with the holding or finding of the City Manager, he/she shall have the right to appeal to the City Council by filing a written notice within 10 days from the making and filing of such decision of the City Manager and shall be heard by the City Council at its next regular meeting. The City Council shall have the same powers and authority at such hearing on such appeal as is vested in the Police Department and City Manager by this article.

Sec. 17-31. - Special Event Fee.

Any organization who sponsors a special event in the city of Fort Stockton and wishes to host vendors for the benefit or entertainment of the community, may petition the City thirty (30) days in advance of the event to approve a 72-hour Special Event Permit. The sponsoring organization shall provide a bond for the event that satisfies the requirements listed in Section 17-23. Each participating vendor in the special event must register with the City and meet or exceed all the requirements found in Sections 17-19 and 17-20. The registration fee shall be ten dollars ($10.00) per vendor which shall be collected from the event organizer for the special event and the Special Event Permit is only valid for that event. Food vendors also are subject to applicable articles and sections found in Chapter 11 of the Fort Stockton Municipal Code of Ordinances titled "Food and Food Service Establishments."

Sec. 17-32. - Penalty for Violation of Chapter.

Any person, firm or corporation who violates or fails to comply with the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine not to exceed five hundred dollars ($500.00). Each additional day and every violation of the provisions of this ordinance shall constitute a separate offense.

Sec. 17-33. - 17-43. ***

Severability. If any provision, sections, exceptions, subsections, paragraph, sentence, clause or phase of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable.

Conflicts. All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance.

This ordinance shall become effective November 1, 2015, after its approval and adoption upon final reading and its publication pursuant to law.

PASSED AND APPROVED THIS 14TH DAY OF SEPTEMBER, 2015.

Raul B. Rodriguez, CITY MANAGER

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*** Indicates that text remains the same.