1988-0962220L
NO
AN ORDINANCE AMENDING ARTICLE III (PEDDLERS, SOLICITORS AND
ITINERANT VENDORS) OF CHAPTER 20 OF THE CODE OF ORDINANCES OF
THE CITY OF DENTON PROVIDING FOR THE REGULATION OF HOME
SOLICITATIONS AND ITINERANT MERCHANTS, PROVIDING DEFINITIONS OF
THE TERMS USED IN THE REGULATIONS, PROVIDING THAT PERMITS ARE
REQUIRED FOR PERSONS ENGAGED IN HOME SOLICITATIONS AND FOR
ITINERANT MERCHANTS WHO WISH TO OFFER GOODS OR SERVICES FOR
SALE, PROVIDING FOR APPEAL PROCEDURES, PROVIDING EXEMPTIONS,
PROVIDING FOR A MAXIMUM PENALTY IN THE AMOUNT OF $500 00 FOR
VIOLATIONS THEREFOR, AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City Council, 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 solicitors and itinerant merchants, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That Article III of Chapter 20 of the Code of
Ordinances hereby amended so that said article shall be and
read as follows
ARTICLE III SOLICITORS AND ITINERANT MERCHANTS
Sec 20-51 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
safety, comfort, convenience and protection of the city and its
citizens, and all of the provisions hereof shall be construed
for the accomplishment of that purpose
Sec 20-52 Definitions
When used in this article, the following words shall have
the meanings respectively ascribed to them by this section
(a) Goods or merchandise means any personal property of
any nature whatsoever except printed material
(b) Home solicitor means a person who goes from house to
house or from place to place soliciting, selling or taking
orders for, or offering to sell or take orders for any goods,
merchandise or services
(c) Home solicitation transaction means a transaction or
the purchase of goods or services, payable in installments or
cash, in which the home solicitor engages in a personal
solicitation of a sale to a person at a residence A home
solicitation transaction shall not include a sale made pursuant
to a pre-existing retail charge agreement, or a sale made
pursuant to prior negotiations between the parties at a business
establishment at a fixed location where goods or services are
offered or exhibited for sale, or a sale of realty in which
transaction the purchaser is represented by a licensed attorney
or in which the transaction is being negotiated by a licensed
real estate broker
(d) Itinerant merchant means a person who sets up and
operates a temporary business within the premises of another
business or any other building or location in the city,
soliciting, selling, or taking orders for, or offering to sell
or take orders for any goods or services
(e) Police Chief means the Chief of Police of the City of
Denton or his designee
(f) Residence means any separate living unit occupied for
residential purposes by one or more persons, contained within
any type of building or structure
(g) Soliciting means selling or attempting to sell goods
or services, or to take or attempt to take orders for services
or goods to be performed or furnished in the future
Sec 20-53 Permit Required
It shall be unlawful for any itinerant merchant or home
solicitor to sell, display or offer for sale any goods or
services within the city without first obtaining a permit from
the city
Sec 20-54 Affirmative Defenses to Permit Requirement
It shall be an affirm defense to prosecution under Section
20-53 of this Article
(a) That the solicitation is for a charitable, educational
or religious purpose, and the defendant exhibits, at the time of
solicitation, documentation in writing which identifies him as a
representative of the charitable, educational or religious
organization for whom he is soliciting
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(b) That the solicitor is on the property by invitation of
the person residing on such premises
Sec 20-55 Application
(a) Any person who wishes to engage in home solicitation or
any itinerant merchant who wishes to solicit within the city
shall file a written application with the Police Chief which
application shall show
(1) Proof of the identity and home address of the
applicant and the name and address of the employer
or firm which such applicant represents,
(2) A brief description of the nature, character and
quality of the goods to be sold,
(3) If employed by another, the name and business address
of the person, firm, association, organization or
corporation,
(4) If a motor vehicle is to be used, a description of
the vehicle together with the motor vehicle
registration number and the license number,
(5) A description of the proposed location(s) of the
solicitation,
(6) The period of time the applicant so wishes to
solicit, sell or take orders in the city,
(7) The names of other communities in which the
applicant has worked as a solicitor in the past
twelve (12) months, and if he was employed by a
different company in those communities, the name of
those companies shall also be stated,
(8) Whether the applicant or any agent of applicant has
been convicted within the last five (5) years for
burglary, theft, fraud, robbery or rape,
(9) Proof of sales tax permit issued by the State or
proof that the goods sold are not subject to such
sales tax, and
(10) An itinerant merchant who makes application to offer
his goods for sale upon private property shall pro-
vide written proof that he has permission to use
such property from the owner, or the owner's agent
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(b) The applicant shall also present written proof of his
authority to represent the company or individual he states he
represents
(c) The application shall be accompanied by a fee in the
amount of Ten Dollars ($10 00) and no permit hereunder shall be
issued until such fee has been paid by such applicant
(d) A permit requested under this article shall be issued
for the length of time requested, not to exceed twelve (12)
months
Upon expiration of a permit, the solicitor or itinerant
merchant may apply for a new permit in the manner prescribed by
this section
Sec 20-56 Issuance of Permits
It shall be the duty of the Chief of Police to issue such
applicant a permit to solicit or sell or take orders for such
goods, services or merchandise set forth in the applicant's
application within five (5) working days of the receipt of a
completed application and prescribed fee unless it has been
determined that the application contains false information or
the person has been convicted within the last five (5) years of
theft, fraud, burglary, robbery or rape If the application
contains false information or the person has been convicted, the
Chief shall not issue the permit
Sec 20-57 Permit Card
(a) Upon issuance of a permit, the permittee shall be issued
a card which shall contain the name of the permittee, the permit
number, and date of expiration
(b) It shall be unlawful for any home solicitor or itinerant
merchant to solicit in the City of Denton without carrying the
required permit card on his person
(c) It shall be unlawful for an itinerant merchant to solicit
at locations other than those listed in his application for a
permit
(d) It shall be unlawful for any person soliciting to fail
or refuse to display such permit card upon the request of any
person demanding the same
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(e) It shall be unlawful for any person to duplicate or
xerox or otherwise display a facsimile of a permit card issued
pursuant to this Chapter
Sec 20-58 Appeal from Denial
Any person aggrieved by the action of the Police Chief in
the denial of an application for a permit shall have the right
of appeal to the City Council Such appeal shall be taken by
filling with the City Manager, within ten (10) days after notice
of the action complained of has been mailed to the person's last
known address, a written statement setting forth the grounds for
the appeal A hearing on the denial shall be scheduled for the
next regular meeting of the Council, to be held within twenty
(20) days of the appeal and notice shall be given to the
appellant The decision and order of the City Council on such
appeal shall be final and conclusive
Sec 20-59 Hours for Home Solicitation
(a) A person shall not go upon any residential premises and
ring the doorbell, or rap or knock upon the door or create any
sound in a manner calculated to attract the attention of the
occupant of the residence for the purpose of engaging in or
attempting to engage in a home solicitation transaction
(1) Before 9 00 a m or after 8 00 p m of any day,
Monday through Saturday, or
(2) At any time on a Sunday, New Year's Day, July 4th,
Labor Day, Thanksgiving Day, or Christmas Day
(b) Subsection (a) shall not apply to a visit to the
premises as a result of a request or an appointment made
by the occupant
Sec 20-60 Prohibited Conduct
it shall be unlawful for a person engaged in soliciting
under this article to
(a) misrepresent the purpose of the solicitation,
(b) continue efforts to solicit from an individual once that
individual informs the solicitor that he does not wish to make a
purchase from that solicitor,
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(c) represent the issuance of any permit under this article
as an endorsement or recommendation of the solicitation
Sec 20-61 Exhibiting Card Prohibiting Solicitors
(a) A person, desiring that no merchant or other person
engage in a home solicitation at his residence, shall exhibit in
a conspicuous place upon or near the main entrance to the
residence, a weatherproof card, not less than two inches by four
inches in size, containing the words, "NO SOLICITORS" The
letters shall be not less than two-thirds of an inch in height
(b) Every solicitor upon going onto any premises upon which a
residence is located shall first examine the residence to deter-
mine if any notice prohibiting soliciting is exhibited upon or
near the main entrance to the residence If notice prohibiting
soliciting is exhibited, the solicitor shall immediately depart
from the premises without disturbing the occupant, unless the
visit is the result of a request made by the occupant
(c) No person shall go upon any residential premises and ring
the doorbell, or rap or knock upon the door or create any sound
in a manner calculated to attract the attention of the occupant
of the residence, for the purpose of securing an audience with
the occupant and engaging in or attempting to engage in a home
solicitation transaction, if a card as described in Subsection
(a) above is exhibited in a conspicuous place upon or near the
main entrance to the residence, unless the visit is the result of
a request made by the occupant
Sec 20-62 Soliciting on City Property
(a) It shall be unlawful for any person to solicit on pro-
perty owned by the City unless such person has entered into a
license agreement with the City
(b) The City Manager is authorized to execute and enter into
license agreements with solicitors authorizing the use of a tract,
or portion thereof, of City property, where specific findings are
made that the proposed use
(1) will not violate the provisions of the Uniform Traffic
Act, art 6701d, section 82(c) or section 42 03 of
the Penal Code
(2) will not cause or contribute significantly to con-
gestion on the public sidewalks so as to render
access to abutting private property unreasonably
inconvenient
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(c) The licensee shall pay a rental fee based upon square
footage
Sec 20-63 Exemptions
The provisions of this article shall not apply to sales made
to dealers by commercial travelers or sales agents in the usual
course of business, calling upon or dealing with manufacturers,
wholesalers, distributors or retailers at their places of
business
SECTION II That any person violating any of the provisions
of this ordinance shall, upon conviction, be fined a sum not
exceeding Five Hundred Dollars ($500 00), and each day and every
day that the provisions of this ordinance are violated shall
constitute a separate and distinct offense This penalty is in
addition to and cumulative of, any other remedies as may be
available at law and equity
SECTION III That this ordinance shall become effective
fourteen days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this
ordinance to be published twice in the Denton Record-Chronicle,
the official newspaper of the City of Denton, Texas, within ten
(10) days of the date of its passage
PASSED AND APPROVED this the _L day of 1988
RAY P S, tjAYUK
ATTEST
614 1
J F ' E S, I SECRETARY
APPROVED AS TO LEGAL FORM
DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY
BY
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