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HomeMy WebLinkAboutOrdinance 1357 ORDINANCE NO. 1357 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: PREAMBLE This entire ordinance is and shall be deemed as an exercise of the police power of the State of Texas, and of the City of North Richland Hills, for public safety, comfort, welfare, convenience and protection of the City and Citizens of said City, and all of the provisions hereof shall be construed for the accomplishment of that purpose. ARTICLE I ITINERANT VENDORS SECTION 1: DEFINITION For the purpose of this article, an itinerant merchant is any person who either sells from house-to-house or from place-to-place in the City. SECTION 2: PERMIT REQUIRED Every itinerant merchant as defined in the foregoing section shall be required to obtain a permit prior to the engaging in the business of an itinerant merchant. An application for a permit to do business as an itinerant merchant shall file an application in writing with the city secre- tary not less than ten (10) days before the first month in which he proposes to engage in business as an itinerant merchant. The application must contain the following information. (a) The full name of the person applying for a permit and his address and telephone number, if any; if the itinerant merchant is selling on behalf of an organization, the name and address of the parent organization shall also be supplied. (b) The license plate number of any and all vehicles to be used by the permittee must be provided. The Texas drivers license number of any and all who will operate a motor vehicle for the permittee must be provided. (c) Proof of liability insurance (as required by State Law) must be provided at the time of request for this permit. Such proof shall be in format permitting retention by the city secretary. (d) The addresses of the itinerant merchant during the previous five (5) years with the name of at least one reference in each community. (e) The name, address, date of birth and fingerprints of each agent selling with the City. (f) A copy of a limited sales tax permit issued by the State of Texas, or proof that the goods sold are not subject to such sales tax. (g) A statement of the type of goods or wares to be sold. (h) A copy of a current health certificate if merchandise of edible quality is to be sold; provided, however, this shall not apply to the sale of candy, nuts or other edibles prepared and packaged by a nationally recognized manufacturer or a Texas manufacturer meeting standards imposed by state and local health code, if such packages are unbroken. (i) A statement of the period of time such applicant wishes to sell or solicit in said city, providing that no permit shall issue granting such authority in excess of one (1) calendar year from date of issue. (j) Positive proof of identification of each applicant and agent. SECTION 3: BOND REQUIRED The application described in Section 2 hereof shall be accompanied by a bond in the penal sum of $10,000.00, signed by applicant, and signed, as surety, by some surety company authorized to do business in the State of Texas, conditioned for the final delivery of goods, wares, merchandise or services, in accordance to indemnity any and all purchasers or customers for any and all defects in material 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 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 said bond, or to an agent or employee of the principal. Provided that in case applicant is a person, firm, company, partnership, corporation or association engaging in any activity mentioned in paragraph two hereof through one or more agents or employees, such persons, firm, company, partnership, corporation or association shall be required to enter into only one bond, in the sum of $10,000.00 as above required, which bond shall be made to cover the activities of all its agents or employees up to a maximum of 5 agents or employees. SECTION 4: FEES ATTACHED That the license fee for an itinerant merchant, or itinerant vendor shall be $100.00. Provided, however, when any person, firm, company, partnership, corporation or association engages in any activity mentioned in Section one hereof through one or more agents or employees such person, firm, company, partnership, corporation or association shall, in addition to said $100.00 above mentioned, pay a license fee of $50.00 for each agent or employee so engaged, all of which licenses shall be valid for one year from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of said licenses. SECTION 5: EXEMPTIONS (a) The provisions of this ordinance shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made upon authority and by order of law, nor to vendors of farm products, if such products are from the farm of the vendor. .2 (b) Sells or offers to sell a product, article, tag, service publi- cation, ticket, advertisement, subscription; or, (c) Holds, promotes or participates in entertainment, sports event, benefit dance, fair, bazaar, or other type of organized social entertainment; on the plea or representation, whether express or implied, that the proceeds from the solicitation, sale or entertainment are for a charitable purpose. CHARITABLE PURPOSE means the use of money or property for the benefit of: (a) Charity or philanthropy, or poor, impoverished, destitute, under- privileged, needy, refugee, diseased, injured, crippled, disabled, or handicapped persons, or persons in need of rehabilitation; (b) Patriotism, that is, for the teaching of patriotism or the relief or assistance of veterans or veterans' organizations; or (c) Existing educational institutions or for the establishment or endowment of educational institutions or in aid of the education of any person or group of persons. SECTION 2: PERMIT REQUIRED; EXCEPTIONS; DEFENSES (a) No person or organization may conduct a charitable solicitation by handbills, advertisements, house-to-house canvass, or by any other method in the city without the person, organization, society, or corporation responsible for conducting the solicitation first obtaining a permit in compliance with the terms of this article. (b) If a person or organization conducts or manages a charitable soli- citation in the name of or on behalf of another person or organization, each entity shall obtain a charitable solicitation permit. (c) It is a defense to prosecution under this article that: (1) An organization solicits funds or goods only from its own member- ship. (2) A person or organization solicits funds only by use of a public broadcasting media; (3) A person or organization solicits funds only from foundations; (4) The organization, person, society, corporation holds a religious solicitation permit under this ordinance. (d) This article shall not apply to persons under eighteen (18) years of age if engaged in fund raising activities for a nonprofit organization using all profits for young people's activities or donating all profits to charities other than a sponsoring organization. This article shall also not apply to persons under fifteen (15) years of age engaged in fund raising activities for a nonprofit organization which is using all profits for young people's acti- vities or which will donate all profits to charities other than the sponsoring organization; nor shall such article apply to the organization for which such young persons are soliciting. 3 (e) A solicitation is conducted within the city when it is communicated to a person then located within the city, whether or not the person making the solicitation receives a contribution or makes a sale. SECTION 3: APPLICATION FOR PERMIT (a) An applicant for a permit to conduct a charitable solicitation in the city shall file an application in writing with the city secretary not less than ten (10) days before the first month in which the proposed charitable solicitation activities are planned. (b) Upon the showing of unforeseen emergency or circumstances necessi- tating immediate action to render aid for a charitable purpose, the city secretary may issue a charitable solicitation permit on a temporary basis before the expiration of the required ten-day period as provided in the foregoing subsection. (c) The application must contain the following information: (1) The full name of the person or organization applying for a permit to to solicit and the address of the headquarters in the city; if the organization is a chapter or other affiliate of an organization having its principal office outside the city, the name and address of the parent organization. (2) The names and addresses of all officers and directors or trustees of the organization and the name and city of residence of all officers, directors or trustees of the parent organization, if any. (3) The name of the person or persons by whom the receipts of the solicitation will be disbursed; if the receipts are transmitted to a parent organization for further disbursement, detailed information on the methods of handling and disbursement of all funds and a detailed and complete financial statement of the parent organization for the last preceding fiscal year. (4) The name and address of the local person or persons who will be in charge of conducting the charitable solicitation. (5) A description of the method or methods to be used in conducting the charitable solicitations. (6) The period within which the charitable solicitation will be conduct- ed, including the proposed dates for the beginning and ending of the solicitation. (7) A full statement of the character and extent of the charitable work done by the applicant within the city during the preceding year and a statement of the specific purpose for which funds are to be solicited, together with a detailed account of their intended use. (8) If the applicant is a corporation, a copy of its charter or articles of incorporation from its state of incorporation if the applicant is a foreign corporation, a copy of its certificate to do business in this state. y (9) If the applicant is a charitable corporation or other nonprofit organization, proof of the applicant's current status as a chari- table association or other organization to which contributions are tax deductible for federal income tax purposes. (10) A statement of whether contributions to the person or organization for tax deductible and what percentage of the contributions are not tax deductible. (11) Other information which may be required by the city secretary in order to determine fully the type and character of the proposed solicitation. SECTION 4: INVESTIGATION: ISSUANCE AND DENIAL OF PERMITS (a) Upon receipt of an application, the city secretary shall make or cause to be made, an investigation to determine the qualifications of the applicant for a permit. (b) If the city secretary finds: (1) That the applicant has met all the requirements of this ordinance; (2) That none of the circumstances in subsection (f) of this sections exist; the city secretary shall issue a permit. (c) If the city secretary finds that the applicant does not meet the requirements for a charitable solicitation permit as provided in subsection (b) of this section, or that there is need to question the applicant to clarify the application, the city secretary shall so notify the applicant at least ten (10) days in advance of a hearing. (d) After a formal hearing if the city secretary finds: (1) That the application has met all the requirements of this article; (2) That none of the circumstances in subsection (f) of this section exist; the city secretary shall issue a permit. (e) In the case of unforeseen emergency or circumstances necessitating immediate action to render aid for a charitable purpose, the city secretary may issue a charitable solicitation permit on a temporary basis, not to exceed ten (10) days, if the applicant has met all other requirements of this article and qualifies under subsection (b) of this section. Temporary permits issued by the city secretary shall automatically expire after ten (10) days. (f) If the city secretary shall refuse issuance of a permit if, upon investigation and hearing, it is found that the applicant has not complied with all the requirements of this article or that anyone or more of the following enumerated statements are true: :>- (1) One or more of the statements made in the application or at a hearing on the application are false. (2) The applicant or person in charge of the charitable solicitation has been convicted of fraud, theft, conversion, embezzlement, swindling, robbery, or burglary, or that the applicant or person in charge has made or caused to be made false statements or misrepresentations to a member of the public with regard to the charitable solicitation campaign or other activities described in the permit, or has in any way publicly represented that the charitable solicitation permit is an endorsement or recommendation of the cause for which the chari- table solicitation is being conducted or has otherwise violated any of the terms of a charitable solicitation permit or this article. (3) There is no local resident in a responsible position with the organization conducting the charitable solicitation. (4) Applicant received a charitable solicitation permit on a conditional basis in the previous year and failed to comply with conditions of the permit. g. If the city secretary refuses a charitable solicitation permit an applicant pursuant to this article, no appeal within the city administration is appropriate, all such appeals may be heard only by the local governing body. SECTION 5: DURATION OF PERMIT; NONTRANSFERABLE (a) Charitable solicitation permits are valid only for the period specified in the permit. Permits will be issued for a period of thirty (30) days unless the applicant documents the necessity for a longer period. Upon a showing by the applicant of necessity, the city secretary may approve issuance of a permit for a period not to exceed one year. (b) An extension of the permit, not to exceed thirty (30) days may be granted by the city secretary upon a showing of good cause by the permittee. (c) Charitable organizations continuously operating on an annual basis, which have as their chief source of revenue the sale of goods, wares, and merchandise, whether or not donated to the organization, will hold permits effective from February 1st of each year until January 31st of the following year. Annual written applications must be submitted for renewal of these permits. (d) A charitable solicitation permit is nontransferable. SECTION 6: PROCEDURES AND REQUIREMENTS (a) When contributions to a person or organization are not wholly tax deductible, the person or organization shall prominently state, in all mater- ials used in the solicitation and in all verbal solicitations, the percentage which is not tax deductible. ~ (b) No provision of this ordinance shall be construed to apply to children engaged in the sales of items for extra curricular activities sanctioned by the school district nor for agricultural products in their natural state sold by the grower. (c) No exemption is either expressed or implied for any vendor of confectionary or dairy products (including those foods commonly referred to as ice cream) sold from mobile vending trucks nor for the sale of botanical products vended from the roadside or door-to-door. SECTION 6: EDIBLE MERCHANDISE, SANITATION Every person who is licensed as an itinerant merchant to peddle edible merchandise, as required by this chapter, shall keep all articles for sale to the public in a clean and sanitary condition, as well as the wagons, vehicles, or other conveyances used in the transportation of such merchandise. SECTION 7: QUALITY AND ACCURATE MEASURES It shall be unlawful for any itinerant merchant to sell or offer to sell any unsound or unwholesome merchandise or to give a false weight or measure to such article sold or offered for sale. SECTION 8: CANCELLATION OF LICENSE Each itinerant merchant license issued hereunder shall be subject to cancellation for any violation of any provision of this chapter applicable to itinerant merchants. SECTION 9: NO PERMITS TO CERTAIN PERSONS No permit shall be issued to any person who shall have been convicted of any crime involving moral turpitude, including, but not limited to fraud, swindling or related crimes. SECTION 10 Any itinerant merchant, vendor or peddler in the City of North Richland Hills, -Texas shall at all times while working in such capacity wear and prominently display a badge or placard clearly identifying the said vendor by name and clearly identifying the base or parent organization he is representing. The letters of said badge or placard must be at least 1/8 inch in height. ARTICLE II. CHARITABLE SOLICITATIONS SECTION 1: DEFINITIONS Charitable solicitation means conduct whereby a person, organization, society, corporation or its agent, member of representative: (a) Solicits property, financial aid, gifts in money, or any article representing monetary value; 7 (b) All applicants receiving charitable solicitation permits shall supply their solicitors with credentials of identification, to be shown upon request. (c) The holder of a charitable solicitation permit is responsible for the overt acts of his authorized representatives in connection with the solicitation. (d) No person shall use or disburse funds collected pursuant to a charitable solicitation permit for a purpose other than the charitable purpose described in the application and the actual and necessary expenses incident to the solicitation, collection, and disbursement of the funds. (e) No person may solicit or obtain gifts in money or merchandise, directly or indirectly, by the misrepresentation of names, occupation, affil- iation, physical disability, financial condition, social condition, or resi- dence. SECTION 7: COMPLIANCE WITH ORDINANCE No person may solicit contributions for a charitable purpose until the provisions of this ordinance are fully complied with and until a permit for the purpose has been issued by the city secretary authorizing the solicitation in the city. (a) In all cases where the city secretary has reason to believe that a person or organization is soliciting for a charitable purpose without a permit or the funds of a person or organization operating under a charitable solic- itation permit have been or are being diverted from the purposes for which they are collected, or have been secured by misrepresentation, the person or organization involved is subject to investigation by the city secretary, and may require the person or organization to file an immediate account of its receipts and expenditures. (b) The city secretary may execute in writing and cause to be served upon a person who is believed to have information, documentary material, or physical evidence relevant to an alleged or suspected violation of this article, an investigative demand requiring the person to furnish, under oath or otherwise, a report in writing setting forth the relevant facts or circumstances of which he has knowledge, or to appear and testify or to produce relevant documentary material or physical evidence for examination, at a reasonable time and place as may be stated in the investigative demand, concerning a charitable solicitation that is the subject matter of an investi- gation. (c) Failure or refusal to comply with an investigative demand made pursuant to the provisions of subsection (b) of this section is a violation of this ordinance. SECTION 8: REVOCATION OF PERMIT (a) The city secretary shall revoke a charitable solicitation of a permittee for anyone or more of the following reasons: 8 (1) The making of a false statement as to a material matter in an application or hearing concerning an application; (2) The making of a false statement or misrepresentation to a member of the public with regard to the solicitation activity; (3) Violation of any of the terms or conditions of the charitable solicitation permit; (4) Violation of a provision of this ordinance; (5) The representation by a permittee that the charitable solicitation permit is an endorsement or recommendation of the cause for which the solicitation is being conducted. (b) The city secretary shall send written notice of a revocation to the permittee by certified mail, return receipt requested, setting forth the reasons for the revocation. SECTION 9: PROHIBITED CONDUCT A person engaged in charitable solicitation either door-to-door or in a public place shall not: (1) Obstruct or impede the passage of a pedestrian or vehicle; (2) Make physical contact with the person being solicited unless that person's permission is obtained. (3) Misrepresent the charitable purpose of the solicitation; or (4) Misrepresent the charitable affiliation of those engaged in the solicitation. SECTION 10: BONDING REQUIRED An organization described in Section one of Article two shall, at time of application submit a bond in the penal sum of $10,000.00, and signed as surety, by a surety company authorized to do business in the State of Texas; conditioned for the final delivery of goods, wares, merchandise or services, in accordance with the terms of any order obtained prior to delivery, and also conditioned to indemnify any and all purchasers or customers for any and all defects in material 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 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 said bond, or to an agent or employee of the principal. Provided that in case applicant is a person, firm, company, partnership, corporation or association engaging in any activity mentioned in paragraph two hereof through one or more agents or employees, such persons, firm, company, partnership, corporation or assoc- iation shall be required to center into only one bond, in the sum of $10,000.00 as above required, which bond shall be made to cover the activities of all its agents or employees. c¡ SECTION 11: PERMIT SHALL ISSUE WITHOUT FEE In the event an organization shall qualify as a charitable organization, as defined in Article two Section one of this ordinance no fee shall be attached to the issuance of such permit for solicitations. ARTICLE III. RELIGIOUS SOLICITATION SECTION 1: DEFINITIONS (a) Religious solicitation means conduct whereby a person, organization, society, corporation, or its agent, member or representative: (1) Solicits property, financial aid, gifts in money, or any article representing monetary value; or, (2) Sells or offers to sell a product, article, tag, service, or printed material; on the plea or presentation, whether express or implied, that the proceeds from the solicitation or sale are for the reli- gious purpose. (b) Religious purpose means the use of money or property for the support of a church, religious society, or other religious sect, group or order. (c) Public place means any property open or devoted to public use. (d) Door-to-door means private residences and businesses of persons who are both unknown to the person soliciting and not members of the church, religious society or other religious sect, group or order on whose behalf the solicitation is performed. SECTION 2: REGISTRATION; IDENTIFICATION BADGE (a) A person who engages in religious solicitation door-to-door in a public place shall first register with the city secretary, giving the follow- ing information: (1) Name of registrant; (2) Name of organization; (3) Duration and locations of proposed solicitations; and (4) Number of participants. (b) Registration expires after one year and must be renewed annually. If a change occurs in any of the information submitted with the registration, the person or organization shall notify the city secretary of the change. (c) A person shall wear an easily readable identification badge meeting the requirements of subsection (c) while engaged in religious solicitation in a public place. /Ð (d) The identification badge required by subsection (b) must: (1) Be in a form prescribed by the city secretary; (2) Identify the name of the organization as registered with the city secretary; and (3) Contain the statement "Religious Solicitation". (e) If a person, organization, society, or corporation conducting a religious solicitation obtains a charitable solicitation permit in compliance with Article II of this chapter, that person, organization, society, or corporation is not required to comply with the requirements of this section. ARTICLE 3: PROHIBITED CONDUCT A person engaged in religious solicitation door-to-door or in a public place shall not: (1) Obstruct or impede the passage of a pedestrian or vehicle; (2) Make physical contact with the person being solicited unless that person's permission is obtained; (3) Misrepresent the religious purpose of the solicitation; or (4) Misrepresent the religious affiliation of those engaged in the solicitation. SECTION 4: FEES In the event an organization shall qualify as a religious organization, as defined in Article III Section one no fee shall attach to the issuance of the permit for solicitation. SECTION IV. SOLICITATION GENERALLY SECTION 1: 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 three (3) inches by four (4) inches in size, containing the words, "NO SOLICITORS". The letters shall be not less than two-thirds (2/3) of an inch in height. (b) Every itinerant merchant and charitable solicitor upon going onto any premises upon which a residence is located shall first examine the resi- dence to determine if any notice prohibiting soliciting is exhibited upon or near the main entrance to the residence. If notice prohibiting soliciting is exhibited, the merchant or solicitor shall immediately depart from the pre- mises, without disturbing the occupant, unless the visit is the result of a request made by the occupant. If (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 attempt- ing to engage in charitable solicitation or sale of merchandise as an itine- rant merchant transaction, if a card as described in subsection (a) above is exhibited in a conspicuous place upon or near the main entrance to the resi- dence, unless the visit is the result of a request made by the occupant. (d) No person, other than the occupant of the residence, shall remove, deface, or render illegible, a card placed by the occupant pursuant to sub- section (a) above. (e) Any merchant or charitable solicitor who has gained entrance to a residence, or audience with the occupant, whether invited or not, shall immediately depart from the premises without disturbing the occupant further when requested to leave by the occupant. SECTION 2: HOURS OF SOLICITATION No itinerant merchant, vendor, peddler, solicitor or salesman as these terms are defined in this ordinance shall go from house to house or from place to place in this city soliciting, selling or peddling between the hours of 7:30 p.m. and 8:30 a.m., and it is hereby made a violation of this ordinance and is a finable offense. SECTION 3: PENALTIES; CIVIL REMEDIES, LICENSE FORFEITURE (a) Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined as provided in section IV-4; each day such violation continues shall constitute a separate and distinct offense. (b) In case of any willful violation of any of the terms and provisions of this chapter, the city, in addition to imposing the penalties above pro- vided, may institute any appropriate action or proceeding in any court having proper jurisdiction, to restrain, correct or abate such violations; and the definition of any violation of the terms of this chapter as a misdemeanor, shall not preclude the city from invoking the civil remedies given it by the laws of the state, but same shall be cumulative and subject to prosecution as hereinabove prescribed for such violations. (c) Each day's engaging in the business regulated by this chapter without the payment of the fee due thereon, and procuring a receipt, or license, therefore, and each day's failure to comply with any of the other provisions of this chapter, shall constitute a separate offense, and the person so found guilty of such violation, or failing to comply with the provisions hereof, shall upon conviction be punished therefor as hereinabove provided; provided, the court trying said cause shall have the right and power upon conviction of any person for violation of any of the provisions of this chapter to decree, and to make the same a part of the judgment in such cause a forfeiture of such license as such person may have procured hereunder. However, in the event of such forfeiture of license, no part of such license fee as may have been so paid shall be refunded to such person, and no further license shall be issued to such person for the remining period of such license year under this chapter. /2 SECTION 4: FINES Any person, firm or corporation violating any portion of this ordinance shall be guilty of a misdemeanor and may be fined not less than ten ($10.00) dollars nor more than $1,000.00 dollars. SECTION 5: SEVERANCE CLAUSE Each and every provision, paragraph, sentence and clause of this ordi- nance has been separately considered and passed by the City Council of the City of North Richland Hills, and each said provision would have been sepa- rately passed without any other provision, and if any provision hereof should be ineffective, invalid, or unconstitutional for any cause, it shall not impair, nor affect the remaining portion nor any other part thereof, but the valid portion shall be enforced just as if it had been passed alone, and all ordinances and parts of ordinances in conflict herewith are hereby repealed. This ordinance shall take effect and be in force from and after its passage and publication as provided by law. PASSED AND APPROVED THIS THE 24th day of March, 1986. ~ &)~~ Mayor ATTEST: R~) mR~;t:¿;? At~¿ 13