2004-207ORDINANCE NO. Jt~t~/~ ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING CHAPTER 16
RELATING TO LICENSES, PERMITS AND BUSINESS REGULATIONS BY CHANGING
THE DEFINITION OF SOLICITING IN ARTICLE III TITLED SOLICITORS AND
ITINERANT MERCHANTS; PROVIDING A SEVERABILITY CLAUSE; A SAVINGS
CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF
THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code
of Ordinances of Denton, Texas is hereby amended by changing the definition of "itinerant
merchant" and "soliciting" and by adding a definition for "Day Labor Site" and "Solicitor" in
Section 16-72 which shall read as follows:
Sec. 16-72. 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:
Agricultural Vendor means an individual engaged in selling only products which are
planted and or naturally harvested including fruits, vegetables, plants, trees, nuts or honey.
Conviction means a conviction in a federal court or a court of any state or foreign nation
or political subdivision of a state or foreign nation that has not been reversed, vacated, or
pardoned.
Day Labor Site means a designated portion of the property located at 221 W. Collins
Street where soliciting employment is allowed without a permit. The Day Labor Site shall not
include any area within fifty feet of the intersection of the Day Labor Site driveway entrance and
West Collins Street. Nor shall the Day Labor Site include any area within twenty feet of any
curb-line of the city streets adjacent to the property at 221 W. Collins Street. Additionally, if any
fencing, shrubbery, or other physical barrier is added to the property at 221 W. Collins Street,
then the Day Labor Site shall only include the area of the property inside of the physical barrier.
Goods or merchandise means any personal property of any nature whatsoever, except
printed material.
Handbill means any printed or written matter, any sample or device, circular, flyer,
leaflet, pamphlet, paper, booklet, or any other printed matter of literature which is not delivered
by United States mail, including, but not limited to, those which:
(a) Advertise for sale any merchandise, product, commodity, or thing;
(b) Direct attention to any business or mercantile or commemial establishment, or
other activity, for the purpose of either directly or indirectly promoting the interest
thereof by sales; or
(c) Direct attention to or advertise any meeting, theatrical performance, exhibition, or
event of any kind for which an admission fee is charged for the sole purpose of private
gain or profit.
Handbill distributor means and includes any person engaging or engaged in the
business for hire or gain of distributing handbills, other than newspapers distributed to
subscribers thereof, and any person receiving compensation directly or indirectly for the
distribution of such handbills.
Handbill sponsor means and includes any person, firm or corporation who utilizes
handbills as a medium of advertising or spreading a message.
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 preexisting 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.
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,
memhandise or services, this includes distribution of handbills left at any residence.
Itinerant merchant means a person who sets up and operates a temporary business
within the premises of another business or location in the city soliciting, selling or taking orders
for or offering to sell or take orders for any goods or services. An itinerant merchant does not
include a person who operates a temporary business completely within a building of an existing
business with the express permission of the owner or operator of that business or building.
Multiunit complex means two or more dwellings in one or more buildings that are:
(a) under common ownership;
(b) managed by the same owner, agent, or management company; and
(c) located on the same lot or tract or adjacent lots or tracts of land.
Police chief means the chief of police or his designee of the city.
Residence means any separate living unit occupied for residential purposes by one (1) or
more persons, contained within any type of building or structure.
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Soliciting means any conduct or act whereby a person:
(a) either orally or in writing, asks for a ride, employment, goods, services, financial
aid, monetary gifts, or any article representing monetary value, for any purpose in any
public place;
(b) either orally or in writing, sells or offers for sale goods, services, or publications;
(c) distributes without remuneration goods or services.
Soliciting does not include requesting a fide, employment, goods, services, or financial
aid from a friend or relative.
Solicitor means a person who engages in soliciting.
SECTION 2. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code
of Ordinances of Denton, Texas is hereby amended by adding subsection (e) to Section 16-74
which shall read as follows:
Sec. 16-74. 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;
(c) Represent the issuance of any permit under this article as an endorsement or
recommendation of the solicitation.
(d) Fail to carry a valid driver's license or identification card issued by the State of
Texas or the State in which the defendant resides.
(e) Solicit operators or passengers in or on a motor vehicle on any public street.
SECTION 3. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code
of Ordinances of Denton, Texas is hereby amended by adding "solicitor" to Section 16-91 which
shall read as follows:
Sec. 16-91. Required.
It shall be unlawful for any itinerant memhant, handbill distributor, solicitor or home
solicitor to distribute handbills or engage in soliciting within the city without first obtaining a
permit from the city. If the solicitation is for charitable, religious or educational purposes, these
solicitations shall be governed by Sections 25-5, 25-5.1, and 25-5.2.
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SECTION 4. That Chapter 16 "Licenses, Permits and Business Regulations" of the Code
of Ordinances of Denton, Texas is hereby amended by adding "soliciting" to Section 16-93(a)
which shall read as follows:
Sec. 16-93. Application; duration renewal.
(a) Any person who wishes to engage in soliciting, home solicitation, handbill
distribution or any itinerant merchant who wishes to solicit within the city shall file a
written application with the police chief, which application shall show the following:
Secs. 16-97- 16-125. Reserved
SECTION 5. If any section, subsection, paragraph, sentence, clause, phrase, or word in
this ordinance, or application thereof to any person or circumstances is held invalid by any court
of competent jurisdiction, such holding shall not affect the validity of the remaining portions of
this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any invalidity.
SECTION 6. That any person violating any provision of this ordinance shall, upon
conviction, be fined a sum not to exceed Five Hundred Dollars ($500.00). Each day that a
provision of this ordinance is violated shall constitute a separate and distinct offense.
SECTION 7. Save and except as amended hereby, all the provisions, sections,
subsections, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remain
in full force and effect.
SECTION 8. This ordinance shall become effective fourteen (14) 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 ~t~ day of :~-,~
2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
HERB~~ATTORNEY
BY: - ~ ~
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