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Home My WebLink About1988 SOLICITORS PERMIT INFORMATION 30N I~ MAR ' Cflli'F;i CfT}' MA;7tq CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 506-8307 I Office of f Clfy Menaf7er M E M O R A N D U M TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary DATE: March 31, 1988 SUBJECT: Group Solicitation Permit In response to Council Member Gorton's request, I have prepared the following suggestions for a group solicitation permit should the Legal Department determine that the issuance of group permits for non-profit organizations such as Girl Scouts, Boy Scouts, Lions, school organizations, church organizations i is legally acceptable. (1) The individual responsible for the group completes a group solicitation application which includes: (a) Name, address and phone number of organization requesting a group permit. f f (b) Name of organization's contact person, his address and phone number. (c) Is the organization soliciting donations or ' selling products? (d) Type of product to be sold, if applicable, t (e) Date(s) of solicitation. (f) Names, ages and addresses of individuals who will be soliciting j f II (g) Completed police background records check on ! organization's contact person. (h) Completed police background records check on E Individuals soliciting, if not minors. v i I f' i i j, i i Y 1 1l f I 1 , Group Solicitation Permit March 31, 1988 Page 2 , (2) Upon review of the application and completion of any required records check unless there is a reasons to deny the permit, a permit card is issued for each individual listed on J the application. The card must be visible while soliciting and includes: E ! (a) Name of individual soliciting (b) Organization represented l (c) Organization's contact person and phone number (d) Expiration date 1 (3) Fee for this group permit would be $10.00. If you have any further questions, I will be happy to try and ; respond to them. 1 AA A.- I I I J e a ters C y 5e etary 4 2893C r yy~ I d F r r 1 c1T y o/ DLNTON / 215 E. McKinney / Denton, Texas 76201 T j MEMORANDUM , . r DATE: July 28, 1987 TO: Debra Drayovitch, City Attorney FROM: Jennifer Walters, City Secretary SUBJKCT: COl4(M FROM JULY 231 1987 MEETING REGARDING SOLICITORS' PERMITS Although brief, I felt our meeting with Gary was productive and a good place to start. Following your suggestion, I have attached my comoents an,i ideas dealing with a new ordinance. I will forward a copy to Gary for his Input also. Please keep me informed as to the progress on this ordinance revision as Mr. Harrell is following the progress of transferring this task to the Police Department. ; i i +nff W ltere kn j r Attachment cc: Gary F6►theson, Acting Police Chief w. ~ 0707k/l fl 1 E E., 'i 1 COF418HTS/IDEAS DEALING WITH NEW ORDINANCE Sec. 20-55 Same - Fees 1. The fee for $30.00 for a firm is not collected. Delete from ordinance. 2. Change permit form to correspond with expiration date of i year from date of issuance. Sec. 20-56 Bond Required Delete this section if legally correct to do so. Sec. 20-57 - Persons engasted in interstate commerce License Requirements Delete from first sentence "or the furnishing of bond." From same paragrapt delete "from the City Secretary" and insert "from the Police Department." Requirements for license should be the same as before. Sec. 20-58 Same - Identification Requirements Delete "of the City Secretary" and insert "of the Police Department." Dec. 20-59 License must be carried on person while engaged in business Okay na is. i Article III - Peddlers Solicitors and Itinerant Vendors r. Sec. 2)-51 - Pur se of Article From a legal standpoint, are there any revisions needed? i Sec. 2)-52 - Definitions Any revisions needed in this section? Sec. 20-53 - License - Required Change last sentence by deleting "from the City Secretary" and inserting from the Police Department." Sec. 20-54 Same - Application Contents 1. First paragraph - delete "at least 7 days" and insert "at least 3 working days." 2. These items need to be included: a. Whether payment or deposit will be made in advance of final delivery (item i3 of current ordinance). j b. Time period for sales (Item #A of current ordinance). i c. Proof of gales tax permit (item i5 of current ordinance). ! I 3. Delete "the City Secretary may require" from item i6 of current ordinance. Sec. 20-60 - Exemptions from Article Okay as is. i Other Items/Ideas to be Incorporated in the New Ordinance { 1. Hours soliciting may be permitted. 2. Provision for denial of permit (ideas from Gary Matheson). 3. Provision for revoking permit (ideas from Gary Matheson). Ij 0707k/2 I`) i f i} ~ I i AD ? CITYof DEWON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 Office of the City Manager I K WRANDUM DATE: June 8, 1987 TO: Debra Drayoviteh, City Attorney PROM: Jennifer Walters, City Secretary SUBJRCT: PEDDLRRS AND SOLICITORS AND ITINERATE KERCHANTS COORDINATES I bare been asked by Rick Svehla, Deputy City Manager, and Lloyd Harrell, City Kanager, to explore alternatives to the City Secretary's Office issuing peddlers permits. It is felt that the most obvious department to issue these permits would be the Police Department as that Department already has to f verify a records check for each permit issued. I have attached a previous request by Charlotte Allen, former City Secretary, along with your responses. Please review those responses and update any that ; may be necessary. I i I also have reviewed the code and have the following questions: ~II Page 767 - See. 20-54. Same-Application, Contents 1 ~ i "...shall make written application to the City Secretary at least seven (7) days prior to the date in which such person intends to sell or solioit in the City..." Rarely do such instances occur. Kost people requesting permits want them the same day, se they are in the City for only a short time. Could this Seotion be deleted, as not necessary? Item 3 is currently not requested on the application form. Does such need to be icc3uded? j I Page 768 - Sao. 20-56. Bond Required. 1 The bond requirement is currently not being enforced. Is this a L requirement that should be enforced or deleted from the ordinance? If enforced, is it discriminating against local citizens, as they would be the only ones required to obtain such? I i { i { i Debra Drayovitch June'8, 1987 Page 2 Page 769 - Sec. 20-57. Soo. (a) "...obtain permission from the City Secretary." - change to or designee? j Sea. 4 and 5 are not currently included on the application fora. Should those its= be included? Gary Matheson, Acting Chief of Police, and r have talked about the possibility of the Police Department handling the Peddlers Permit. He has some ideas on application requirements for the permits. Also Diane has informed me that the state law has changed considerably and that our local ordinance may contain sections which are no longer valid. Please review these attachments at your earliest convenience so that Gary, you end I can set up an appointment to discuss this issue. for V lters as Attachment 19315 I k I f i r i 1 I 'fl I IfiI 1 1 ~ I 1 i 1 I ' I i 4 f I a OFFICE OF THE CITY AT 67l1` _i MEMORANDUM TO: Charlotte Allen, City Secretary FROM: Debra Adami Drayovitch, City Attorney SUBJECT: Revisions to "Peddlers" Ordinance DATE: February 27, 1986 Although we have had several conversations relative to the above ordinance, I have never officially responded to your memo received July 100 1985 (copy attached) The reason I have not drafted the revisions is because I feel the entire ordinance needs a major overhaul and there are some questions which I feel the Council or staff should answer. For example, when I revise the ordi- nance, I can insert a "curfew" provision, which would ban door- to-door solicitations except between the hours of 9:00 a.m. to 9:00 p.m. I would also like to require that an applicant for a permit be required to state whether he has ever been convicted of a crime involving dishonesty, should council and/or staff so desire. Article 6252-13c provides that the police department can utilize the NCIC computer system to determine if an appli- cant can meet license qualifications.(see attached) Please consider the questions raised herein and once you have made a t determination, please advise. If you would like to arrange a meeting with Gary and me to further discuss this i one up, , please set j i DEBRA ADAhI DRAYOVITCH DAD:jw i Attachment xc: Gary Matheson, Division Commander i i I Art. 6252-13b PUBLIC OFFICES, ETC. PUBL Title 111A TWe I Rules (4) t Sec. S. The secretary of auto may promulgate rules to ensure the effective perfor administration of this Act The rules may include, but an not limited to, mica (c) I establishing titles of the code and a system of classification of the subject Dotter this ` of the code. Pe Coafldentlality ot dau base (2) . Sec. 5A. The data base, which is the machine-readable form of the material (31 prepared for and used in the publication of the Texas Administrative Code, activil Incluuin9 indexes, annotations, tiSles of contents, tables of authority, cross-refer. encea, compiled rules, and other unique materi4 is coafdential and Is exempted cri from disclosure under the open records law, Chapter 424, Acts of the 63rd Legislature, Regular Session, 1973, as amended (Artick 6252-17a, Vernon's celreu Texas Civil Statutes). Acts 1477, 65th Leg, R 1703, ch. 67& eff. Aug. 29, 1477. Sec. 4 amended by Acts 1981, ( d 67th Les, p. 169, ch. 76, 1 3, elf. April 30, 1981; Sea SA added by Acts 1961, 67th Leg, p. 169, eh. 76, 13, efL April 30, 1981. prose c Title of Act Mew References pew An Act relating to the esublis)uxnt of a Admlaiserstivs Law and Procedure l7) Texas Administrative Code and the contents x406, 408. and I thereof; and declarinQ~emergency. Acts CIS. Public Administrative Bodies and kw I 1977, 65th leg, p. 7 7& Procedure 11 100, 101. apply Law Review Cwmeataries &PeM Annual survey of Texas law; Administra• and 1 tive law. John L Hill and David C. Kent 36 Southwestern 14. (Tex) 527 (19821. of gt ■n r Art 6252-13c. Eligibility of person with criminal backgrounds for certain has 1 occupations, professions, and licenses (d) Section 1. The definitions contained in the Administrative Procedure and t'ontt Texas Register Act (Article 6252-IU Vernon's Texas Civil Statutes) shall apply Texa to this Act. utes' Sec. 2. This Act shall not apply to the Supreme Court of Texas or to persons (e) i licensed or seeking to be licensed under its authority on behalf of the judicial of p department of government or to any person who seeks to become or is a peace Adele officer as defused in Article 2.12, Code of Criminal Procedure, IM. Title Sec. 3. All agencies of this state and its political subdivisions with the duty Ar and responsibility of licensing and regulating members of particular trades, occupations, businesses, vocations, or professions shall have the authority to fes fenssi obtain from the Texas De nt of Public Safes or from a local law enforce- ment agency the record or any conviction of any person applying for or holding a Lg. j criml license from the requesting agency. Ar Sec 4. (a) A licensing authori ty may ausper,d or revoke an existing valid fusat license, disqualify a person from receiving a license, or deny to a person the cte. i opportunity to be examined for a license because of a person's conviction of a felony or misdemeanor if the crime directly relates to the duties and resporutilili- ties of the licensed occupation. E. (b) In determining whether a criminal conviction directly relates to an occupa- Art Lion, the licensing authority shall consider. (1) the nature and seriousness of the crime; S I (2) the relationship of the crime to the purposes for requiring a license to S engage in the occupation (3) the extent to which a license might offer an opportunity to engage In per further criminal activity of the same type as that in which the person previously ter had been involved; and i 256 I i ' I i CES, ETC. PUBLIC OFFICES, ETC. Art. 6252-13d Tile 110A Thk 110A (4) the relationship of the crime to the ability, capacity, or fitness required to e effective perform the duties and discharge the responsibilities of the licensed occupation. d to, rules (c) In addition to the factors that may be considered under Subsection (b) of Ject matter this section, the licensing authority, in determining the present fitness of a person who has been convicted of a crime, shall consider the following evidence: i (1) the extent and nature of the person's past criminal activity; R material (2) the age of the person at the time of the commission of the crime; Ative Code, (3) the amount of time that has elapsed since the person's last criminal cross-refer activity; s exempted (4) the conduct and work activity of the person prior to and following the f the 63rd criminal activity; . Vernon s (5) evidence of the person's rehabilitation or rehabilitative effort while roar- cerated or following release; Arts i7th ~1 D• (6) other evidence of the person's present fitness, Including letters of recom, nundation from: prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person; the sheriff and chief of police in the community where the peown resides; and any other Procedure persons In contact with the convicted person; and (7) it shall be the responsibility of the applicant to the extent possible to secure Bodies and and provide to the licensing authority the recommendations of the prosecution, law enforcement, and correctional authorities as required und. r this Act; the applicant shall also furnish proof in such form as may be required by the licensing authority that he or she has maintained a record of steady employment and has supported his or her dependents and has otherwise maintained a record of good conduct and has paid all outstanding court costs, supervision fees, fines, for certain and restitution as may have been ordered in all criminal cases in which he or she has been convicted. redurc and (d) Proceedings held before a state licensing authority to establish factors f' shah apply contained in this section are governed by the Administrative Procedure and E Texas Register Act, as amended (Article 6252-13a, Vernon's Texas Civil Stat- utes). to persona (e) Upon a licensee's felon conviction felon the judicial pon felony y probation revocation, revocation is a face of parole, or revocation of mandatory supervision, his license shall be revoked. iJ Added by Acts 1991, 6th Leg., p. 694, ch. 267, } 1. eff. Sept 1, 1981. h the far y Title of Act Commercial fertilizer, see V.T.C A. 6r trades An Act relating to occupational and pro- Agriculture Code, if 610341I), 63.. ithority to fissional licensing of certain persont with 035(21(A). tw enlorro- criminal back unds. Acts 1981, 67th Pawnshops, licenses, eligiiWity in sceord- r holding a beg. p, 04, ch. 267. ante with this article, Cross References Generally, see art. 5069-51.03A(b). Ming valid Agricuhure, permits and registration, rt Employees, see art. 5%941.07A(b). person the fusal or revocation, crimes under this arti* ktion of a tic' Commercial feed, see V.T.C.A. Agricu4 Library Ref-20. bpoaibil~ licenses p20. tore Code, if 141.025(11, 111 tM6(b1(21(A). CJS. Licenses if 32, 33. f an WON. Art 6252-13d. Susper.sion, re►ocadon, or denial of license to persons with criminal backgrounds; guidelines and application of law license to Section 1. [Adds art. 6252-13cJ en See. 2. If a licensing authority suspends or revokes a valid license or denies a in person a license or the opportunity to be examined for a license because of the sly pe non's prior conviction of a cringe and the relationship of the crime to the Ircense, the licensing authority shall notify the person in writing: 257 i I A,igust 11, 1486 _ i i Charlotte: Tnis is my draft idea of a new peddlers permit which we had discussed some time ago. Iiary Jaramil Denton Poll Depa went Statistical Services Secretary INDIVIDUAL APPLICATION FOR PEDDLER, SOLICITORS, AND INTINERANT MERCHANTS PERMIT FOR THE CITY OF DENTON, TEXAS All information below must be filled out in complete detail (ie. full name, etc.) PLEASE PRINT e ,l~n Name / Thos b n< (Last) Driver's License ` 6u AN"Joep- ~ (First) (Middle) (Number) (State) 1 Date of Birth Race: White Black Sex: Male Female i Age: Ht, Wt. Hair Eyes f Present residence address: f I (Address) (City) (State) Permanent address: same as above Other: Name of company or corporation represented (Address) (City) (State) E Self owned: yes no Address of Co. (Address) (CitY) (State) ! Kinds of goods sold, solicited or displayed To be completed by City of Denton Personnel - Date of Application Application Number i Records check completed by Date i Amount of permit fop id Receipt No. Appro al of City Secretary WAITING PERIOD OF SEVEN (7) DAYS BEFORE PERMIT CAN BE ISSUED l 1." ' ACTION REQUEST FORA! To: Legal Department Date: 1 D O S From: 0,1,& caj, Ctdov Dept.: 6 Request reviewed and approved by Dept. Dir.: tbignature) 1. Information and Instructions: o All requests will be processed in the order received unless priority is approved by the City Managers Office. Priority Approval--By: o If the request requires a real property description, attach a correct TYPEWKITTEN description as a marked exhibit (Ex.: Exhibit "A") and if prepared on word processor include the document identification number. o If the request is for an amendment, repeal or concerns a provision of the Code of Ordinances, cite the applicable section(s) of the Code. o If the request is for review, interpretation of, or amendment to A contract, lease or other document(s), attach hereto. 2. State Action Requested and Include or Attach All Necessary Information: • .r`ca...."~~-sl .ICZ~c .~c[.~J ~ f~ ~.lilihwZ~~ ~1fCGYl~srCec~ s 1 I I~ f j For Le al Department Use Onmalmo.70=00~ i Data Receive r : ~ w ~S Assigned To: Debr - Joe - Bob Due Date: - r Q~ Assignment Date, . _ 7•~/- S~ ~ G j wJ'Out Date: Request cannot be processed because: Reviewed By: ~QG Data. . REQUEST NO. S v? I PAGES , J - --Ti -----vim - - ~ T OFF=CE OF THE CrTY ATTORNEY ~ MEMORANDUM • T0: Julia bfoore, Administrative Analyst FROH: Debra A. Drayovitch, Ci~y Attorney SUBJECT: £~forceaeni of Peddler's Ordinance ' DATE: MaY 29, 1987 i You have requested an opinion as io xheiher a code enforcea:ent officer aay require a vendor to leave the premises if he is selling on private property without a permit. The answer is no; the appropriate action is for the officer to issue a ciiafion to the vendor for violating chat section of the Code of Ordinances i s 1 noireioned sfor vsuchr aiouse,taan c i tat ions ~f orr~violat tonp of ethe zoning ordinance. • The vendor must have permission Erom the property oxner to vend his wares on the property oxner's premises, However, this is a private civil matter between the property our,er and ~;te vendor. ~ !f the oxner orders the vendor to leave the prem~;~s and he refuses, crieinal trespass charges ma only, Code Enforcement should refer ghee prapert !n this evens j police. The property oxner would need to contaciwthe Police ~ f Department. ~ i Should you have an ~ advise. Y Questions relative to this aatter, please ~ i i i DAD:jw 1 zc: Lloyd Y. Harrell, City Manager ✓ / E ~ i ~ 21761 f ~ I ~ s f i ~ ~ ~ _ _ i N r DVMN CODE ; M52 to be approved by the city aecretary, of any Junk or second. _ hand merchandise purchased by or deposited for any purpose with such dealer, together with an accurate description in the English language of the article purchased or deposited; the amount of money paid for same or loaned thereon; the time and date of the purchase or deposit; the name, sex, and ad. dress, i[ known, of the person selling or depositing said Junk or secondhand merchandise. (b) The and signed by Junk dealer ora secnumbered ondhand dealer orvhis. agent. (c) The reports required. in this section shall at all times, during ordinary working hours, be opened to the Inspection of the chief of police or any police officer. (d) If aneh reports are not accurately kept and available, the entire inventory of the dealers business shall be subject to resaonable inspection by the chief of police or any police officer. (Ord. No. 64-62, f 1, 11.24-64) Seca. 20.41-20-60. Reserver. Article III. Peddlers, Solicitors and Itinerant Vendors* I Set. 20.61. Purpose of article. This entire article is and shall be deemed an exercise of the police power of the state and of the city for the public s Its afety, comfort, convenlence and protection of the city and i x. - zuk i-nd all of the provisions hereof shall be construed for the accomplishment of that purpose. (1969 Code, Art, { 10.07) Sec. 2f-6L DefWtions. Ei 1 i When used in this article, the following words shall have the following meanings: 4 •craa ea ergw* %lkiunff alma, j 14-40, j I! 766 i t i i I I , i i 1 SALES 120-54 I Itinerant merchant. pn tytinetant merchant" or an '(Itiner- ant vendor" as the terms are used In this article shall be held to be any person engaged in any activity mentioned In sec tion 20-5,9. Interstate commerce. The term "itinerant commerce" means eoliciting, selling or taking orders for or offering to take orders for any goods, wares, merchandise, pbotographs, papers or magazines or subscriptions to newspapers or other =state ori will at produced In another state and an or introduced Into this city in the fulfillment of such orders, E' (1959 Code, Art. 10-07). f See. 20.55, uOMae-Required, It IW be unlawful for any person to to from house to house, or from place to place, or to set up and operate a tam- porary or Itinerant business within the prenilm of another bnalness or any other building or location, In the city, solicit- Ing, selling or taking orders for, or offering to sell or take orders for, any goods, wares, merchandise, services, photo. graphs, newspapers, magazines, or subaciiptious to news. papers or magazines, without having first applied for dad`~ ~D" obtained a license so to do from the city secretary.04 b9 7~.~. 0(41Code, Art. 10.071 Ord, No. 88.20 9~ Ott 1 1, 0-2&U) Aneadmoot sob--Ord. No. 68-20 oltectha 114 do sites pusage ✓ repealed and reenacted j pU-86 to add tenspony or itinennt builaossa. 1 Sze. 20.54. Saste-Application, eontents, i Any person desiring to go from house to house of from place to place, or to act up and operate a temporary 1 rant business within the premise of another business or w 4 for',w merchandise, sew to Bel! or solicit orders Papers, magazines, or subscriptions to ne ~ra~, news. E sines, shall make written application to the qty rsecrr pe megat least seven (7) days prior to the date In which such at I intends to sell or"soticlt In the city, for a li person which application shall show the following, cez~ so to do, Sam Na t ' 7s7 i t i ' { l i i i i I i 11 - 20 51 DENTON CODE ¢ 20.56 (1) The name and address of applicant. (21 The name and address of the person, firm or corpora- { tion if any, that he represents and the kind of goods offered for sale. (3) Whether such applicant upon any such sale or order shat; demand, accept or receive payment or deposit of money in advance of final delivery. (4) The period of time such applicant wishes to sell or solicit in the city. (5) proof that applicant has a proper sales tax permit from the comptroller of the State of Texas. Any other reasonable and pertinent information which the city secretary may require. (1959 Code, Art. i 10.05; Ord. No. 68-20, ; 1, 6.25-68) AAeadment ante-Ord. No. 08.20 effective July 9, ;468, repealed and reenacted 1 20-54 to ■dd (5) and (6), and to include temporary or itinerant bcuineu In the requirentents for Ikemes. See. 20-55. Sane-Fees (a) The license fee for an itinerant merchant or itinerant vendor shall be thirty dollars ($30.00) ; provided however, when any person, firm, company, partnership, corporation j or association engages in any activity mentioned in section g0-63 through one or more agents or employees, such person, 1! firm, company, partnership, corporation or association shall, ~I In addition to the thirty dollar ($30.00) fee above mentioned, pay a license fee of ten dollars ($10.00) for each agent or t employee so engaged, all of which licenses shall be valid for one (1) year from the date of their Issuance. i (b) The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of such licenses. (1959 Code, Art. 10.05) See. 20.58. E16" required. i The application mentioned In section 20.54 shall be accon-.- j panted b; a corporate'Arety bond of a surety company It. j censed to do business in the state in the amount of one thou. ; sand dollars ($1,000.00), and conditioned for the final delivery of goods, wares, merchandise, services, photographs, mags- aesa.tN.t i68 1 f { i i I v ii 20-SG SALES _ 1 20.57 zines and newspapers in accord..uee with the terms of any order obtaired prior to delivery and also conditioned to in. demnlfy anf and all purchasers or customers for any and all defects in materials or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, and that may be discovered by such purchaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons, firms, or corporations that may make any purchase or give any order to the principal on such bond, or to an agent or em- ployee of the principal; provided, that in case applicant is a person, firm, company, partnership, corporation or asso. ciation engaging in any activity mentioned In through one or more agents or employees, section Zim company, partnership, corporation or assoc ation shall be I required to enter into only one bond, in the sum of one thousand dollars ($1,000.00) as above required, which bond shall be made to cover the activities of all agents or employees, (1959 Code, Art. 10.05) I See. 20.57, Persons engaged in interstate commerce -License requirements. (a) The provisions of this article requiring the payment of a license fee or the furnishing of bond shall not apply persons engaged In interstate commerce as that terIde fined in section 20-52; provided however, that it shall be unlawful for persons engaged In Interstate commerce to go from house to house or place to ` having first registered with and obtained In the cite without ! 111 city secrete permit from the rq gluing the following information; (1) Name, home address and local address, if any, of ; registrant. f (2) Name and address of the person, firm or corporation, if any, that he or she represents or for whom or through whom orders are to be solicited or cleared. i (3) Nature of the article or things which are to be sold or for which order,, are to be solicited, Sapp. Na 26 769 t f 3 I f f i , # 20.57 UENTt1N CUU! i (4) Whether reCistrant upon any sale or order shall de - mend or receive or accept payment or deposit of money In advance of final delivery. (5) Period of time which registrant wishes to solicit or sell In the city. (1959 Code, Art. 10.05) See. 20-58. Same-Identification requirements. The registrant at the time of the registrat(on, as provided for in section 20-52, shill submit for Inspection of the city secre►sry written proof of his Identity which may be in the form of an automobile operator's license, Identification letter i or card issued to registrant by the person, firm or corpora- Lion for whom or through whom orders are to be solicited or cleared. (1959 Code, Art. 10.05) Sec. 20.69. Lleense most be carried on person while engaged i In bushes j It shall be unlawful to sell or solicit In the city as aforesaid. I without carrying the license, required by this article, while engaged In such soliciting or selling. (1959 Code, Art. 10.05) Sec. 20.60. Exemptions from arlir[e. The provisions of this artfcle shall not apply to sales made to dealers by commercial travellers or sales agents in the usual course of business, nor to sales made under authority and by order if law, nor to vendors of farm or dairy products. I (1959 Code, Art, 10.07) ' Secs. 20.61-20-70. Reserved. ARTICLE IV. AUTOMOTIVE WRECKING AND SALVAGE YARDS* ` See, 20.71, Definitions. (a) The term "automotive wrecking and salvage yards" &a used ]heceln shall mean any lot or tract of land whereon three •Edltw'a aot*-.Ord. No. 7610, Pt. 1, enacted March 10. 1974, amended I Ch. 20 adding provialou designated u 20-2-20.10, whkh pros vialona ~a aditon redesignated u Art. IV, 11 20.71-10-79 for par- i poses of dusifkation. Cress refarrace--sm also # M33. flap/. Na Ili 77 U I ~ i. r ; I i y I CITY OF DENTON M EMORANDUd TO: Debra Drayovitch, City Attorney FROM: Charlotte Allen, City Secretary i DATE: July 3, 1985 SUBJECT: Revisions to Peddlers, Solicitors and Itinerant Vendors Ordinance As you know, we have spoken before about revising the procedures for the issuance of peddlers permits. Attached please find a copy of the code as it now exists. I have reviewed the code and would ask for clarification on some a points. Page 767 Sec. 20-53. License-Required The last sentence reads"... without having first applied for and obtained a license so to do from the city secretary." This appears to be from a 1959 state statute. Could this not be changed to "city secretary or designee?" If so the Police Department could take the applications, run the check for outstanding warrants and issue the permits. I do not believe it is required by state law that only the City1 Secretary can issue these permits. Page 768 Sec. 20-54, Same-Application, contents Items 4 and 5 (period of time applicant wishes to sell or solicit in the city and proof that the applicant has a l proper sales tax permit from the State Comptroller) are currently not on the application form. Should the form be i revised to include this Information? i rod-, Page 768 Sec. 20-SS. Same-Fees The fees of $30.00 for the firm and $10.00 for each ; j representativ4 in section (a) appears to be have been taken from the 1959 Code, Art. 10.05. The collection process is not j ' really worthwhile in that all persons engaging in Interstate commerce are exempted from paying the fee and the bulk of peddlers permits are issued to those persons selling goods 1 manufactured from other states. The only persons who have to pay the fee seem to be local citizens who are selling products j which they have made or offering a service (such as painting J` curb numbers, etc.) Also, section (a) states that the license, all be valid for 1 year from the date of their issuance. t was t e Klf practice of the previous Ci Secretary to issue the permits \g for 1 week and charge no fee I have begun to collect the fee but issue the permits until the end of the calendar year. Are r both incorrect? 1 ~{ttp ea (U~?L!/ ~~Q,e~[l1CsrL/~ 8'~ I~a ai~~ua[cs/ S~Q ~CGCQ~ ~~E 1 ~ rl r Memo re Peddlers Permits July 3, 1985 Page Two i I have spoken to Gary Matheson regarding the ' possibility of having this function performed by the Police Department. Perhaps you, Gary and I should arrange a meeting in the near future to discuss this and/or other changes which could be made in the permit issuance process. _ If you have any questions or suggestions, please give me a call. I Charlott Allen attachment cc; Gary Matheson, Division Commander f r k I if JUL 91985 CITY OF DENTON LEGAL DEPT, 18390 i i i i 1 j CITY of DENTON, TEXAS MUNICIPAL BUILDIN( / DENTON, TEXAS 76201 / TELEPHONE (817) 566.8200 Office of the City Manager KEKORANDUK r? 71F 11F I DATE: June 8, 1987 r~• TO: Debra Drayovitch, City Attorney CITY r ~L LEr,,,l l,L?% ?f. PROK: Jennifer Walters, City Secretary SUBJECT: PEDDLERS AND SOLICITORS AND ITINERATE KERCHANT8 COORDINATES I have been asked by Rich Svehla, Deputy City Kanager, and Lloyd Harrell, City Kanager, to explore alternatives to the City Secretary's Office issuing paddlers permits. It is felt that the most obvious department to issue these ' permits would be the Police Department as that Department already has to verify a records check for each permit issued. I have attached a previous request by Charlotte Allen, former City Secretary, along with your responses. Please review those responses and update any that may be necessary. I also have reviewed the code and have the following questions: Page 767 - Sec. 20-54. Same-Application, Contents i "...shall make written application to the City Secretary at least 3 G{/~fti )/Yd seven jl,.days prior to the date in which such person intends to sell i or solicit in the City..." Rarely do such instances occur. Most people requesting permits want them the same day, as they are in the a short time. Could this Section be deleted, as not City for only necessary? Mao Item 3 is currently a t requested on the application fors. Does such need to be included? PrOb" sho4td, AU_) iii Page T68 - Sec. 20-56. Bond Required. opio" ou !j The bond requirement is currently not being enforced. Is this a \ { requirement that should be enforced or deleted from the ordinance? If enforced, is it discriminating against local citizens, as they would i be' the only ones required to obtain such? tom. ~6riYrriL,E ~ ('.Gl.CLaU t;0 Debra Drayovitch June 8, 1987 Page 2 Page 769 - Sec. 20-57. 5"• (a) "...obtain permission from the City Secretary." - change to or designee? Sec. 4 and 5 are not currently included on the application form. Should those item, be included? W wQ l_" 41 uwc,mC,~& ..&at Gary Matheson, Acting Chief of Police, and I have talked about the possibility ~QSC~ of t" Police Department handling the Peddlers Permit. He has some Ideas on application requirements for the permits. Also Diane has informed me that the state lax has changed considerably and that our local ordinance may contain sections which are no longer valid. Please review these attachments at your earliest convenience so that Gary, you an4 I cam set up an appointment to discuss this issue ehttjlL~ for if lt.rs L e U,, e~4Y ; i ~ Attachment 1931s . j i A f 1 i , j I i F ~ h i , Ile 20-40 DENTON CODE to be approved by the city secretary, of any Junk or second. _ hand merchandise purchased by or deposited for an)• purpose with such dealer, togetber with an accurate description in the English language of the article purchased or deposited; the amount of money paid for same or loaned thereon; the time and date of tFe purclxse or deposit; the name, sex, and ad. dress, if known, of the person selling or depositing said Junk or secondhand merchandise. andbsi The official reports shall be numbered consecutively, agent. gned by the Junk dealer or secondhand dealer or his (c) The reports required. In this section shall at all times, during ordinary working hours, be Opened to the Inspection of the chief of police or any police officer. 1 (d) If such reporta the entire taventofathendealersu business kept and available to reasonable inspection by the chief of policehor nY poli police subj officer. (Ord. No. 64-62, 0 1, 11-24-64) ce Sees. 20.41-20.50. Reserved. Article III. Peddlers, SONcitors and Itinerant Vendoref See. MS'. Purpose of article. 711a 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 sad protection of the citq and its citizens, and all of the provisions hereof shall be construed for the accomplishment of that purpose, (1959 Code, Art. t 10.07) i See. 20.32, Deflnltloas, the following words shall have the~ morning*: Oct*" Owmeft --aOu}uas aims, 1 766 r i t a i} ' r qpF l SALES ! 20•S1 Itinerant rUrehant. An ,itinerant merchant" or an "•traer. ant vendor" as the terms are used in this article ahaU ~ ton any Person engaged I. any acttv{ty menttoaed iA held Interstate a0ntntrce The term "itinerant coplmerca„ mesas soliciting, for any pro der take orders w~ng orders for or offering to ter. newspapers or magazines or aces,becmerchar~ise, pho~sphs magazines which, at the time nPtlom to newspapers or other state or will be the order Is taken, are In an. or introduced into t e Prlodu i ced to another state and shipped (1968 Code, Art. 10.07)' the fulfillment of such order 8ft Ma Llcaase-.Required, It shalt be , house, or from be punlawful for any Person to to from house to p°iuY or ltlaetaaate usp!• or to net up and operate a ten. business or an ens within the Premises of otber fig, selJlnr orY other buUding or loCat! as taking orders for, or off the city, solicit. orders for offering to 011 or take graphs, newsppa goods, magazines, wares, merchandise, servi ces, photo- PAPers or magaul es, or subscriptions to news. obtained a itcenae so without having first aPPHed for d Code. Art, 10.07j Ord N Aa• a68-2o the city secretary,y~p r..u so -OK , 61's-2548) r+p.akd and raaset I o• add t4mpporrlirer or lttIair at bruil~neue. ' See. 20.6. sea *-A Any Person PP[kattott, eooteats, g to go from Place to h rant Place, or to set up and ap how* to house or from j mess within the to a temporary or fObe~ building or location, [athee citof anoer any ~ y, to an ~t 11 i or Paptts, wares, merchand* servion Photographs, raph, orders gashes, or subscriptions ton "er phs news. sines, SW se (tn7a)ks written application to the c Dens or n~~' I intends to sell or ms'ssolt Prior to the data in which ssftrOtIU7 at uch Person elt In the citr, for a Ilwhich application a t s.» x., UU show the following teas. so to do, 767 , t j 4 i r 120-54 DENFON CODE ¢ 20.56 1 (1) The name and address of applicant. (2) The name and address of the person, firm or corpora- t tion if any, that he represents and the kind of goods offered for sale. (3) Whether such applicant upon any such sale or order shall demand, accept or receive payment or deposit of m,5ney in advance of final delivery. (4) The period )f time such applicant wishes to sell or solicit in the city. Proof that applicant has a proper sales tax permit from the comptroller of the State of Texas. Any other reasonable and pertinent information which the city secretary may require. (1959 Code, Art. 10.05; Ord. No. 68-20, ; 1, 6-25.68) Amendment note-Ord No, U-20 effective July 9, 1968, repealed and reenacted 120.54 to odd (5) and (6), and to Include temporary or itinerant business in the requ rements for Hcenses. Ste. 20.55. Same-Fees. (a) The license fee for an itinerant merchant or itinerant j vendor shall be thirty dollars ($30.00) ; provided however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned in section 20-53 through one or more agents or employees, such person, firm, company, partnership, corporation or association shall, In addition to the thirty dollar ($50.00) fee above mentioned, pay a license fee of ten dollars ($10.00) for each agent or employee so engaged, all of which licenses shall be valid for one (1) year from the date of their Issuance- . ~ (b) The fees herein" provided for shall be used for the , purpose of defraying expenses incident to the issuing. of such licenses. (1959 !:ode. Art. 10.05) Sec. 20.56. Boad required. The application mentioned in section 2044 shall be actor,;- paaled by a corporate rety bond of a surety company If. tensed to do business in the state in the amount of one thou- sand dollars ($1,000.00), and conditioned for the final delivery of goods, wares, merchandise, services, photographs, mags- { sus. tt.. t _ X68 k r 1 1 w ` ; 20•;,G SALES . , 1 20.57 zines and newspapers in accordance with the terms of ■ny order obtained prior to delivery and also conditioned to in- demnify any and all purchasers or customers for any and all defects in materials or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery, and that may be discovered by such purchaser or customer within thirty (30) days after delivery, and which bond shall be for the use and benefit of all persons, firma, or corporations that may make any purchase or give any order to the principal on such bond, or to an agent or em- ployee of the principal; provided, that in case applicant is a person, firm, company, partnership, corporation or asso- ciation engaging in any activity mentioned in section 20-63 through one or more agents or employees, such person, firm, company, partnership, corporation or association shall be required to enter Into only one bond, In the sum of one thousand dollars (=1,000.00) as above required, which bond J shall be made to cover the activities of all agents or employees, (1959 Code, Art. 10.05) , See. 20-57. Persons engaged In Interstate corumeree-License r i requirements. (a) The provisions of this article requiring the payment of a license fee or the furnishing of bond shall not apply to persons engaged In interstate commerce as that term is de- fined in section 20.52; provided however, that it shall be unlawful for persons engaged in Interstate commerce to to from house to house or place to place In the city without I 1 having first registered with and obtained a permit from the city secretary giving the following information: (1) Name, home address and local address, if any, of registrant. (2) Name and address of the person, firm or co j rporation, i ` if any, that he or she represents or for whom or through whom orders are to be solicited or cleared, ' (3) Nature of the article or things which are to be sold or for which orders are to be solicited, Sapp Ka 26 76% J i r I ~ T_- T V 1 20-57 UENTUN COVE (4) mandWhethorerreceiveregiatrantorupon any Sale or order shall de- accept in o: deposit of money in advance of final delivery. (5) Period of time which registrant wishes to solicit or sell In the city. (1959 Code, Art. 10.05) See. 20-58, S201e-ldentificatlon requirements The registrant at the time of the registration, as provided for in section 20-52, Shall bmit secretyry written proof of hlis dentityiwhiicchtlma of the city form of an automobile operator's license, identificationllettteerr or curd issued to registrant by the person, firm or corpora. tion for whom or through whom orders are to be solicited or cleared. (1959 Code, Art. 10.05) Set. 20.59. License must be carried on In poatneaa, Parson while ended It shall be unlawful to sell or solicit in the city as aforesaid, f without carrying the license, required by this article, while ( engaged in such Soliciting or selling. (1959 Code, Art. 10.05) See. 20-60. Exemptions from article. The prov pions of this article shall not apply to sales made to dealers by commercial travellers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors o farm or dairy products, . (1959 Code, Ark 10.07) Sets. 20.61-20.70. Reserved. ARTICLE IV. AUTOMOTIVE WRECKING AND SALVAGE YARDS* Sec. 20.71. Defhdtkna, (a) The term "automotive wrecking and salvage yards" as used herein shall mean any lot or tract of land whereon three $FAtWA bets-.Ord. No. 74.10 PE 1 e ch. go t It Prorfalom de 4as Ili ldfirch addtnqq j, 16, 1076 , o moa m PC Via of daaal~'fkitka M iV~ If 46 11 a>6p 7y ;;hick yur. Crsw Monae*--so also I f0 8i. 8"A Nat x 770 R I . i k t Y, i i e i V 1 I r IE 1 ~ i r