The URL can be used to link to this page

Home My WebLink AboutOrdinance - 8319-1982 - Amend. Chap. 21 "Peddlers And Solicitors", By Amend. Zec 21-1 For License - 04/22/1982SMH:js OCf J zz /'A 2. o&/f&/82- ORDINANCE NO. 8319 ----- AN ORDINANCE AMENDING CHAPTER 21 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ENTITLED "PEDDLERS AND SOLICITORS", BY AMENDING SECTION 21-1 THEREOF PROVIDING FOR A LICENSE; AMENDING SECTION 21-2 PROVIDNG FOR THE CONTENTS OF THE LICENSE: AMENDING SECTION 21-4 PROVIDING FOR A FEE FOR A LICENSE; AMENDING SEC- TION 21-5 PROVIDNG FOR EXHIBITING OF LICENSE; AMENDING SECTION 21-5.1 PROVIDING FOR THE DENIAL OR REVOCATION OF LICENSE; AMENDING SECTION 21-5.2 PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council has determined that the change set forth below would be in the best interest of the citizens of the City of Lubbock; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Chapter 21 of the Code of Ordinances, City of Lubbock, BE and is hereby amended by amending Section 21-1 to read as follows: "Sec. 21-1 License --Required, applications. Before any person engages in the occupation of a peddler, hawker, itinerant merchant or transient vendor of merchandise in the City, such person shall first obtain from the City Manager or his desig- nated representative a license to engage in such occupation. The terms "itinerant merchant", "transient vendor" and "peddler" shall be construed to mean and include, all persons as well as their agents and employees, who engage in the temporary or transient busi- ness in the City of selling, or offering for sale, any goods or mer- chandise, or exhibiting the same for sale or exhibiting the same brochures, sales literature or price lists for the purpose of taking orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits thereof, display, exhibit, sell or offer for sale such goods or merchandise upon or from a truck or other vehicle on the streets of the City, or who go from door to door of residences, offices or places of business to display, exhibit, sell or offer for sale such goods or merchandise or who hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever in the City in, through or from which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof. The word "temporary", as used in this article, means and shall be construed to mean any such business transacted or conducted in the City for which definite arrangements have not been made for the hire, rental or lease of premises for at least one month in or upon which such business is to be operated or conducted. The word "transient," as used in this article, means and shall be con- strued to mean, any such business as may be operated or conducted by persons or by their agents or employees who reside away from this City, or who have fixed places of business in places other than this City, or who have their headquarters in places other than this City, .:: or who move stocks of goods, or merchandise or samples thereof into this City with the purpose or intention of removing them or the un- sold portion thereof away from the City before the expiration of one (1) month. This article shall not apply to the following: (a) Ordinary commercial travelers who sell or exhibit for sell wholesale goods or merchandise to parties engaged in the business of buying and selling retail and dealing in such goods or merchandise. (b) Sales or exhibits at fairs, rodeos, conventions or City civic organizations, church or Chamber of Commerce spon- sored events. (c) Charitable solicitation. Application shall be made by the persons requesting a license upon forms available in the office of the City Manager or his designated representative. Such application shall require the name, address and occupation of the appli- cant, the product to be sold and such other information as may be required to complete an investigation as to the fitness of the applicant. Each applicant shall swear or affirm that the information given on the application is true. All applications are subject to approval by the Chief of Police before a license is granted. A permit may be denied or revoked for the following reasons: 1. The applicant has been convicted of an offense involving narcotics, dangerous drugs or crimes with dangerous weapons. 2. The applicant has been convicted of an offense involving the use of force and violence upon the person of another that amounts to a fel- ony in the State of Texas. 3. The applicant does not present a valid state driver's license or othe positive identification by a governmental agency. 4. The applicant does not complete the application form and procedure. 5. Non-compliance with applicable City ordinances and codes, including the zoning ordinance. 6. The applicant makes false or fraudulent statements on the application form. The Chief of Police shall have a reasonable time to conduct the investi- igation of an applicant, but said investigation shall not be longer than three business days. Any such license granted to any person is issued with the express provi- sion that the licensee shall not make any false or fraudulent representation as to the product to be sold or his authority to sell such product. f -· , After inspection or investigation, the Chief of Police shall approve or deny an application and if denied, shall give the applicant, upon request, a written statement setting forth the reasons for the denial and notifying the applicant of his right to appeal. Upon approval of the license and prior to issuance, each applicant shall i be required to secure photo identification from a designated City representa- 1 tive." l SECTION 2. THAT Chapter 21 of the Code of Ordiances, City of Lubbock, l BE and is hereby amended by amending Section 21-2 to read as follows: I "Sec. 21-2 Same -Contents; Triplicate Record. A license issued under the provisions of the preceding section shall state the name and residence of the person to whom it is issued and shall be officially signed by the City Manager or his designated re- presentative, with the seal of this office affixed. Each license is- sued shall be for a period of 30 days. The City Manager or his de- signated representative shall keep a record of each license issued, and a record of each license issued shall be filed with the City Secretary." SECTION 3. THAT Chapter 21 of the Code of Ordinances, City of Lubbock, BE and is hereby amended by amending Section 21-4 to read as follows: "Sec. 21-4 Same -Fee. When a.license is issued to any person named in section 21-1 of this Code, such licensee shall pay to the City Manager or his designated representative a license fee of $20.00." SECTION 4. THAT Chapter 21 of the Code of Ordinances, City of Lubbock, BE and is hereby amended by amending Section 21-5 to read as follows: "Sec. 21-5 Same -Must be exhibited on demand. A license and the photo identification issued under the provisions of Section 21-1 of this Article must be exhibited, upon demand, to the City Manager or his designated representative, any police officer of the City or to any person to whom a sales or solicitation is attempt- ed to be made. In addition to the exhibiting of the license and the photo identification, demand may be made for identification of and authorization from the company represented." SECTION 5. THAT Chapter 21 of the Code of Ordinances, City of Lubbock, BE and is hereby amended by amending Section 21-5.1 to read as follows: "Sec. 21-5.1 Denial or Revocation of license. The City Manager or his designated representative, may deny a license to any person found to be misrepresenting or making false statements I I . -. in regard to the products he is attempting to sell, his authority to sell such product, or the conduct of such person during the selling endangers the safety, health or property of the citizens of the City or the failure to comply with the requirements set forth in Sec. 21-1 • . . The license issued under this Article may be the Chief of Police of written complaints by any license holder has made misrepresentatio to the product he is attempting to sell or t thority to make such solicitation or that su duct, in the belief of such persons making t their safety, health or property. The Chief diately investigate any complaints and may r license holder may appeal such revocation to Appeal Board of the City of Lubbock in accor 2.93 of the Code of Ordinances for the City revoked upon receipt by two or more persons that s or false statements as ke orders for, his au- h license holders con- e complaints, endangers of Police shall imme- oke such license. The the Permit and License ance with Sec. 2-89 - f Lubbock. SECTION 6. THAT Chapter 21 of the Code of Ordi ances, City of Lubbock BE and is hereby amended by amending Section 21-5.2 to read as follows: "Sec. 21-5.2 Penalty. (a) It shall be unlawful for any person, reqbired by Section 21-1 of this Code to secure a license, to engage it the activities set forth·in such Section 21-1 without a license. (b) It shall be unlawful for the holder of a y license issued under this Chapter to enter upon the land or premia s or another after re- ceiving, immediately before such entry, notic from the owner, resi- dent, occupant or adult person acting for sue person exercising possession that such entry is forbidden; furt er, it shall be un- lawful for any such license holder to remain n the premises of another after receiving notice from the ownert resident, occupant or adult person acting for such person exercisin possession, to depart such premises. · (c) A violation shall constitute a misdemean r and upon conviction thereof, punishable by a fine not to exceed $ 00. (d) A second conviction for the violation .of sub-section (b) above shall result in the automatic revocation of s ch convicted person's peddlers and solicitors license. (e) The Police Department for the City of Lu bock shall enforce this Ordinance." SECTION 7. Should any section, paragraph, sent nee, clause, phrase or word of this Ordinance be declared unconstitutional or nvalid for any reason, the remainder of this Ordinance shall not be affected thereby. . . .. .. , ,>. SECTION 8. THAT the City Secretary is hereby authorized to cause pub- lication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this -----------day of ------------' 1982. Passed by the Council on second reading this day of , 1982. ATTEST: APPROVED AS TO CONTENT: Susan M. Horton, Assistant City Attorney THE STATE OF TEXAS COUNTY OFBL~a'i~CJ.cKee Before me 0 a Notary Public in and ... ~ · ·~· ., .• ty, Texas on this day personally appeared Tvill FOIIOCit Account Manader of the Southwestern Newspa- pers Corporation. publishers of the Lubbock Avalanche-Journal -Morning. Ev~ning and Sunday, who being ~Y me duty sworn. did depose _and ~ay t~at said n_ewsf.~ir rawb:tiii~Ufif i'G~Q'l.1fjltor,'ife than flfty-tlYQ w..s;ek.~praor to the first mse,rJ,iQ.~;~.gf. thas • 0 · · · · . . WOra•W414eJ.& No. :~~:t.:tf04 at Lubbock County. Texas and the attached print- ed copy of the Notice \\a trfscoRy ilthefi~Wal and was printed in the Lubbock Avafl~lJournal on the following dates: 81' t • . Accevnt "anart1r LUBBOCK AVALANCHE-JOURNAL Southwestern Newspapers Corporation Subscrib~d and.s~orn to before me this 24th day of __ M_a;_r ___ _ FORM5S..l0 SMK:Is OROfiiiAlfCE 1319 AN ORDINAH,tlf AMPt CKAPTIUI 21 OF TttE COOE OF .ORDINANCES OF THE CiTY OF 1.\JttOCK, ENTITI.e.D "PeJ:I,. ;OI.ERS ·Afi!O·~ICITtlfll'." IV AMENI)ING S!!c'tiON 2.1'1 THEREOF ,PROVIDING FOR A · LICENSE; AMENDING SECTION 1l-2 PROVIDING FOR THE COfol· TENTS OF THE LICENSE: AMENDING SECTION '21-~ PRO. VII>ING FOR A FEE FOR A Ll· Cf!NSE; 'AMENDII!I,G SECTION 21·5 PROVIDING FOR:EXHIIliT· lNG OF LICENSE 1 .AMENDING SECTION 21·5.1 PROVIDING FOR THE DENIAL OR REVOCATIOfol OF LICENSE: AMENDING SEC' TION 21-51 PROVIOIIIIG FOR A PENALTY; PROVIDING A S/4V· :lNG$ CLAUSE AND PROVIDING ~~~:".!'81.1~~-g~NCE NO. ~ ' AN ()ROINANCE ABANOOfoiiNG ' AND CLOSING THE FOI.LO\';ING ; PORTION OF AU.EX,:..._. ~TIOfol ~ AM .ct'CE"i' LOCA TE.D , BETWEEN tHE OIUGINAL LOTS :1 ·AND 2. OESERET. ADDITION ;TO THE CITY OF · LUBBOCK. ,LIJtlllOCK COUNTY, . TEXAS, ,AND ~RE PARTICULARLY lOESCRIBED IN THE BODY. OF :THIS ORDINANCE: DIRECTING HE CITY ENGINEER TO MARK HE OFFICIAL MAP OF THE 1 lTV OF LUBBOCK TO INDI· ATE T!fE CLOSING AND ABAN-MENT OF THAT CERTAIN ORTION OF ALLfV; PRO'Itll> NG A SAVINGS CLAUSE AND ROVIOIIIIG FOfl PUBLICA-ION. 19~