ORD 307 02/03/1983 o 110
ORDINANCE NO . ,0.7
AN ORDINANCE LICENSING AND REGULATING PEDDLERS, SOLICITORS
AND ITINERANT MERCHANTS IN THE CITY OF CIBCLO, TEXAS; TIME
RESTRICTION; REGISTRATION REQUIRED; BOND REQUIRED; REQUIRED
WAITING PERIOD; PENALTY OF NOT LESS THAN ONE DOLLAR ($1 .00)
NOR MORE THAN TWO HUNDRED ($200 .00) FOR EACH SEPARATE
OFFENSE .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS:
ARTICLE I. GENERAL
SECTION 1 . Activities prohibited between certain hours and on Sunday..
It shall be unlawful for any person to engage in door-to-door peddlin_ -
or soliciting within the city between the hours of 6:00 :P P.M.
and 10:00 A .M. or at anytime on Sunday.
ARTICLE II. REGISTRATION AND PERMITS
SECTION 1 . Purpose. This is and shall be deemed an exercise of the police
power of the state and the city for the public safety, comfort,
convenience and protection of the city and citizens thereof .
SECTION 2 . Definition. The term ' interstate commerce" as used in this
article shall mean soliciting, selling or taking orders for, or
offering to take orders for any goods, wares, merchandise,
magazines or other things of value, which at the time the order
is taken are in another state or will be produced in another
state 'and�ihipped,.intothis=city in fulfillment of such order.
SECTION 3. Registration.
a . It shall be unlawful for any person engaged in interstate
commerce to go from house to house or place to place in the
city soliciting, taking orders for, or offering to take orders fo
any goods, wares, merchandise, magazines or other things of
value without having first registered with the city administrato
or his designated representative.
b . Application. Each person applying for registration under this
article within the city shall make application on a form to be
supplied by the city and which shall include the following
information:
(1 ) The name, permanent address and local address, if any, of
the registrant .
(2) The name and address of the person, firm or corporation
that the registrant represents or for whom or through
whom orders are to be solicited.
(3) The nature of the goods, merchandise or other things of
value which are to be offered for sale or for which orders
are to be solicited.
(14) Whether the registrant, upon sale or order, shall demand,
receive or accept payment or deposit of money in advance
of final delivery.
(5) The period of time during which the registrant wishes to
solicit or sell in the city.
c . Investigation fee. Each registrant shall submit the information
as required together with an investigation fee of ten dollars
($10 .00) which will be used to help defray the expense of
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investigating the registrant to prove his identity and to verify
that such registrant represents a bonafide person, firm or corp-
oration. Such fee shall be paid at the time of registration
and shall not be refundable. Registration with the city shall
be valid for not more than thirty (30) days, at the expiration
of which registration must be refiled according to the
provisions of this article .
SECTION L1.. Peddlers' and solicitors ' permits .
a . Required. It shall be unlawful for any person to go from
house to house or from place to place within the city peddling,
selling, soliciting or taking orders for, or offering to sell
or take orders for any services, goods, merchandise, including
photographs, magazines or books without first obtaining a
permit to do so .
b. Application. Each application for a permit required by this
section shall be in writing on a form to be provided by the
city. Required information shall include the following:
(1) Name of the applicant with his permanent address and
local address, if any.
(2) The age and sex of the applicant.
(3) The name and address of the person, firm or corporation
the applicant represents .
(1) The nature of the services, goods or merchandise the
applicant intends to sell or offer for sale.
(5) The names of any cities where the applicant has worked in
the previous thirty (30) days .
(6) The license number of the vehicle, if any, which the
applicant intends to use in the course of his work while
in the city. -
(7) Whether the applicant has- over been convicted of a felony
or misdemeanor involving moral turpitude.
(8) Whether the applicant, upon sale or order, shall demand,
receive or accept payment or deposit in advance of final
delivery.
c . Investigation; application fee. It shall be the duty of the
Chief of Police to investigate each applicant under this
section and to make a report thereof to the city administrator
before issuance of such permit . An application fee of Ven
(10`.00) dollars shall be paid by each applicant which shall
not be prorated or returned to the applicant. Such fee shall
be paid at the time the application is made.
d. Performance Bond. If the application shows that the applicant
intends to demand, receive or accept payment or depositof
money in advance of final delivery, such applicant shall
accompany his application with a bond in the sum of one
thousand ($1 ,000.00) dollars executed by such applicant as
principal and by a surety company licensed to do business
in the state or a cash bond in the same amount. When two (2)
or more applicants represent the same person, firm or corporation,
one bond in the sum of one thousand '($1 ,000.00) dollars
executed by such applicants as principal and a surety company
licensed to do business in the state or a cash bond of the
same amount shall be sufficient .
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e. Issuance or denial. It shall be the duty of the City Administrato
to issue or refuse to issue a permit applied for under this
section not later than two (2) weeks from the time the applicatio
is filed and bond, if required, is received.
f . Permit fee schedule. If the city manager shall approve the
application, the applicant shall pay a permit fee as herein
required. This fee may from time-to-time be changed by
council action and shall have the same effect as being'a part
of this ordinance .
(1) Permit valid for one (1) month $27 .50
(2) Permit valid for three (3) months 15.00
(3) Permit valid for one (1) year .30.00
No permit shall be issued for more than one year or before all
fees, as required by this section, have been paid.
g. Charities. Charitable organizations and their representatives
shall obtain permits as provided in this section but shall not
be required to pay fees as set out in section Li.c and 4f.
h. Carrying permit on person required. It shall be unlawful for
any person to engage in any activity which a permit is
required by this section without carrying such permit on his
person while so engaged.
i. Exclusions . The provisions of this section shall not apply
to commercial agents dealing with local business establishments
in the usual course of their business nor shall this section
apply to insurance salespersons, real estate salespersons
and others licensed by the state.
SECTION 5. Itinerant Merchants' Permits .
a. Definitions . As used in this section the following terms
shall have the respective meanings ascribed to them:
(1) Itinerant merchant . Any person, firm or corporation
as well as agents, or employees thereof, who or which
engages in the temporary or transient business of
selling, exhibiting or offering for sale in the city any
goods, merchandise, services, photographs, magazines or
other things of value, or exhibits same for the purpose
of taking orders thereof, and who or which, for the
purpose of carrying on such temporary or transient
business, either rents, leases or occupies without
renting or leasing, any room or space in any structure
or in any space, enclosed or unenclosed, upon any private
premises within the city.
(2) Temporary business: Any business as described above or
conducted in the city, in, upon or through or from any
pri=vate premises or space upon any private premises
for which no definite arrangement for legal right of
occupancy therefor has been made in advance of such use
and occupancy.
(3) Transient business: Any such business as described under
"itinerant merchant" as may be conducted or operated by
any person or,his agents or employees, who resides away
from the city or who has a fixed place of business
headquarters outside the city, or who moves stocks of
goods, wares, merchandise or other things of value into
the city, or samples thereof into the city with the
purpose or intention of removing them or the unsold
portion thereof away from'the city before the expiration of
six (6) months .
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b. Required. It shall be unlawful for any itinerant merchant
or for any agent or employee thereof to sell, offer for sale
or exhibit for the purpose of selling or the taking of orders
for the purpose of selling or the taking of orders for the sale
thereof, any goods, wares, merchandise, services, photographs,
magazines or any other thing of value without having a permit
so to do .
c . Application; fee . Any person desiring a permit as required
by this section shall make written application therefor on
forms to be furnished by the city. Such application shall
include the following information;.
(1) The name and permanent adress of the person, firm or
corporation applying for a permit.
(2) The nature of the goods, merchandise, services or things
of value which the applicant proposes to sell or offer
for sale .
(3) Whether or not the applicant, upon sale or order, shall
demand, receive or accept payment or deposit of money in
advance of final delivery.
(Li) If the applicant is a corporation, it shall file with its
application a certified copy of its charter, and if it is
not incorporated under Texas Law it shall file a certified
copy of its present permit to do business in the state.
(5) Each application shall be accompanied by an application
fee of ten ;(10.00) dollars which is not returnable
and may not be prorated.
d. Performance Bond. If the application shall show that the
applicant intends to demand, receive or accept payment or
deposit of money in advance of final delivery, the applicant
shall accompany his application with a surety bond in the sum
of one thousand ($1 ,000 .00) dollars. Such bond shall be
executed with the applicant as principal and by a surety
company licensed to do business in the state. A one thousand
($1 ,000.00) dollar cash bond may be posted in lieu of surety
bond.
e. Investigation. Upon completion of the application, it shall
- be the responsibility of the Chief of Police to investigate
the applicant to determine if said applicant is a bonafide
person, firm or corporation licensed to do business in the
state and if said applicant is a reputable person, firm or
corporation. The Chief of Police shall make a report to the
city administrator of his findings thereof.
f . I=ssuance; fee. The city administrator shall issue to any
applicant who has complied with all the requirements of this
article, a permit authorizing such applicant to engage in the
business of an itinerant merchant. Such permit shall be
issued after the applicant has paid, in advance, a fee of
fifteen ($15.00) dollars for each agent or employee engaged
in the business of the applicant.
g. Nontransferable and nonassignable: A permit issued under this
section shall not be transferable or assignable and shall
give no other person any authority to transact any business in
the city as an itinerant merchant or to act as the agent or
employee thereof .
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h. Exclusions . The provisions of this section shall not apply to
commercial agents dealing with local business establishments,
vendors or farm produce or agricultural products when such
produce or products are produced by the vendor himself, the sale
of goods, wares, merchandise or other things of value by
charitable organizations, or to persons engaged in interstate
commerce as defined in Article 2-2 of this ordinance.
SECTION 6. Penalty for Violation. Any person who shall violate any of the
provisions of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined a sum of not less than
one dollar ($1 .00) nor more than two hundred dollars ($200 .00)
for each separate offense.
THIS ORDINANCE SHALL TAKE Er'FECT UPON ITS PASSAGE, APPROVED AND PUBLICATION
AS REQUIRED BY LAW.
EFFECTIVE FEBRUARY 3, 1983 .
ED LING, Y0316
ATTEST
CITY SECRETARY
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