HomeMy WebLinkAboutOrdinance - 8639-1984 - Ord. Repealing Sec. 20-5 And Artic. II, Ch. 20 And Enact. Lieu Of New Article II - 07/12/1984I JCR:cl
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ORDINANCE NO. 8639 --------
AN ORDINANCE REPEALING SECTION 20-5 AND ARTICLE II, CHAPTER 20 or THE
CODE or ORDINANCES or THE CITY or LUBBOCK, TEXAS, AND ENACTING IN LIEU
THEREOF A NEW ARTICLE II, CHAPTER 20 or SAID CODE or ORDINANCES PROHIBITING
ANY PERSON FROM ENGAGING IN THE ACTIVITY or A PEDDLER, ITINERANT MERCHANT
OR TRANSIENT VENDOR WITHIN THE CITY or LUBBOCK WITHOUT FIRST OBTAINING A
LICENSE TO ENGAGE IN SUCH ACTIVITY, DEFINING THE TERMS, PEDDLER, ITINERANT
MERCHANT, TRANSIENT VENDOR, PERSON ANO TEMPORARY BUSINESS, SETTING FORTH
CERTAIN EXCEPTIONS FROM THE REQUIREMENTS or THIS ORDINANCE, SETTING FORTH
THE PREREQUISITES FOR THE ISSUANCE or SUCH A LICENSE, SPECIFYING THE
CONTENTS, FORM, AND DURATION or SUCH LICENSE, SPECIFYING THE FEE TO BE
CHARGED FOR ISSUANCE THEREOF, PROVIDING THAT A PHOTO IDENTIFICATION SHALL
BE WORN BY SAID LICENSEE AND EXHIBITED, ALONG WITH SAID LICENSE, UPON
DEMAND TO THE CITY MANAGER, HIS DESIGNATED REPRESENTATIVE, ANY POLICE
OFFICER or THE CITY OR ANY PERSON TO WHOM A SALE OR SOLICITATION IS
ATTEMPTED TO BE MADE, SETTING FORTH GROUNDS FOR DENIAL OR REVOCATION or
SUCH LICENSE, PROVIDING AN APPEAL FROM REVOCATION OR DENIAL or SUCH
LICENSE, PROVIDING FOR AN APPEAL FOR A DENIAL or EXCEPTION FROM THE TERM or~
SAID ORDINANCES, PROVIDING A SAVINGS CLAUSE, PROVIDING FOR A PENALTY AND
PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL or THE CITY or LUBBOCK:
SECTION 1. THAT Section 20-5 and Article II of Chapter 20 of the
Code of Ordinances of the City of Lubbock are hereby repealed in their
entirety and a new Article II, Chapter 20 of the Code of Ordinances of the
City of Lubbock, Texas BE and is hereby enacted to provide as follows:
ARTICLE lI. BUSINESS LICENSE
SECTION 20-16. License Required, Definitions, Exceptions, Appli-
cations, Prerequisites to Issuance.
(a) Before any person, whether residing within or without the City
limits, engages in the activity of a peddler, itinerant merchant, or
transient vendor within the City of Lubbock, such person shall first
obtain from the City Manager or his designated representative a
license to engage in such activity. Any such license granted to any
person is issued with the express provision that the licensee shall
not make any false or fraudulent representation as to the goods to be
sold or his authority to sell such goods. A separate license and
application shall be required for each person who engages in the
activities described in Subsections (b)(1), (b)(2) or (b)(3) of this
Section 20-16, including each employee, agent or consignee who engages
in such activity.
(b) For the purpose of this Article the following definitions shall
apply:
(1) The term "transient vendor" is defined to mean and include a
person, or the agent, consignee or employee of a person, who
within the city engages in the temporary business of exhibiting,
delivering, selling or offering for sale any goods or exhibiting
brochures, sales literature, or price lists for the purpose of
taking orders for the sale of goods.
(2) The term "itinerant merchant" shall mean a person or the
agent, consignee, or employee of a person, engaged in the
temporary business of moving stocks of goods or samples of goods
into the city for the purpose of selling or offering for sale or
taking orders for the sale of such goods with the intention of
removing such samples or the unsold portion of such goods away
from the city before the expiration of 30 days from the date
such goods were first moved into the city.
(3) The term "peddler" is defined to mean and include a person,
or the agent, consignee, or employee of a person, who carries
goods upon a truck or other vehicle on the streets of the city
for the purpose of exhibiting, selling, or offering for sale such
goods from such truck or other vehicle or who within the city
goes from door to door of residences, offices or places of
business to display, sell, offer for sale, or take orders for the
sale of goods or to exhibit brochures, sales literature or price
lists for the purpose of taking orders for the sale of goods.
(4) The term "commercial traveler" is defined to mean a person
who is employed by or who represents a manufacturer, wholesaler,
or importer who sells or exhibits goods to parties who engage in
the business of purchasing such goods for the purpose of resale
to the general public.
(S) The term "goods" is defined to mean and include tangible
chattels of every kind and character.
(6) The term "person" is defined to mean an individual natural
person, whether residing within or without the city limits of the
City of Lubbock, and does not include any corporation, firm,
association, partnership or joint venture.
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(7) "Temporary business" shall mean any business activity which
has not been conducted for a period of not less than 30 con-
secutive days within the City of Lubbock.
(c) This Article shall not apply to any of the following:
(1) Commercial travelers;
(2) Sales or exhibits at fairs, rodeos, conventions, or events
sponsored by one or more city civic organizations, school,
church, the Chamber of Commerce or the City of Lubbock;
(3) Charitable solicitation;
(4) Newspaper delivery persons;
(5) Persons offering food or beverage samples in food stores;
(6) Garage sales conducted by owners of private residences.
(d) Application for a license required hereunder shall be made by the
persons requesting such license upon forms available in the office of
the City Manager or his designated representative. Such application
form shall provide a space for the following information which must be
furnished by the Applicant.
(1) The name, address, and occupation of the applicant.
(2) The Social Security number and birth date of the applicant.
(3) A valid state driver's license or other positive identifi-
cation issued to the applicant by a governmental agency.
(4) A description of the goods to be sold, including brand name
if any.
(5) The address of the location from which such goods shall be
displayed to the public or offered for sale or a statement that
such requirement is inapplicable because applicant is a peddler
who proposes either to carry goods upon a truck or other vehicle
on the streets of the City for the purpose of exhibiting, selling
or offering for sale such goods from such truck or other vehicle
or to go from door to door of residences, offices or places of
business to conduct his business activities.
(6) The name, address and phone number of the owner of the
property at such location or a statement that such requirement is
inapplicable.
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(7) Such other information as may be required to complete an
investigation as to the fitness of the applicant to conduct such
business operation.
(e) Each person making application for a license required hereunder
shall swear or affirm that the information given on the application
form is true and accurate.
(f) If applicant proposes to display goods to the public or to offer
such goods for sale from a designated location, such applicant's
application form hereunder shall be accompanied by a written permit
signed by the owner or the duly authorized agent of the owner of the
property at the location from which the applicant proposes to display
or to offer for sale any goods. Such permit shall state that said
owner consents that the applicant may use and occupy such property for
the purpose of selling or offering for sale such goods.
(g) Each application form for a license required hereunder shall bear
the signature of the Zoning and Environmental Control Administrator of
the City of Lubbock or his designated representative indicating that
the property from which the applicant proposes to display or to offer
for sale any goods is situated in a zone wherein such activity is a
permitted use or that such requirement is inapplicable.
(h) Each application form for a license required hereunder shall bear
the signature of the Building Official of the City of Lubbock or his
designated representative indicating that applicants' proposed use of
property complies with the occupancy requirements of the City of
Lubbock Building Codes or that such requirement is inapplicable.
(i) Each Applicant who proposes to sell or offer for sale goods
consisting of any raw, cooked, or processed edible substance, ice,
beverage, or ingredient used or intended for use or for sale in whole
or in part for human consumption shall secure on the application form
for license hereunder the signature of the Public Health Administrator
of the City of Lubbock indicating that such goods meet minimum food
standards of the City Health Code.
(j) If state statute requires that sales tax must be paid upon the
purchase of such goods as the applicant proposes to offer for sale,
the application for license shall be accompanied by a valid sales tax
permit issued by the Office of the Comptroller of Public Accounts of
the State of Texas.
(k) Each application for a license required hereunder shall be
approved by the Chief of Police or his authorized representative
before such license is granted. The Chief of Police shall have a
reasonable time to conduct an investigation of an applicant for such
license, but such an investigation shall not be longer than three (3)
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business days. After inspection or investigation the Chief of Police
shall either approve or disapprove the application for license and if
disapproved shall give the applicant, upon request, a written state-
ment setting forth the reasons for such disapproval and notifying said
applicant of his right to appeal.
(1) Upon approval of the license and prior to issuance, each appli-
cant shall be required to secure photo identification from a desig-
nated city representative.
{m) The Chief of Police, the City Manager or their designated
representative may deny a license required under this ordinance for
any of the reasons in subsection (n) set forth below. The City
Manager or his designated representative may revoke a license issued
under this ordinance for any of the reasons in subsection (n) set
forth below.
{n) The following reasons shall be grounds for denial or revocation
of a license required by this Ordinance:
(1) The applicant does not present a valid state driver's
license or other positive identification by a governmental
agency;
(2) The applicant does not complete the application form and
procedure;
(3) The applicant or the proposed activity of the applicant does
not comply with applicable city ordinances and codes, including
the zoning ordinance, building codes and health codes;
(4) The applicant makes false or fraudulent statements on the
application form.
{5) The applicant or licensee is found after investigation by
the Chief of Police to be misrepresenting or making false
statements in regard to his authority to sell such goods;
(6) The applicant or licensee has been convicted of an offense
involving narcotics, dangerous drugs or crimes with dangerous
weapons at any time within the preceding five year period;
(7) The applicant or licensee has been convicted of an offense
involving the use of force and violence upon the person of
another when the offense is designated as a felony in the State
of Texas, at any time within the preceding five year period;
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(8) The applicant or licensee has been convicted of an offense
of fraud, misrepresentation, embezzlement, forgery, or theft when
such offense is designated as a felony in the State of Texas, at
any time within the preceding five year period;
(9) The applicant or licensee has been convicted in a court of
proper jurisdiction of violating this Article at any time within
the preceding five year period;
(10) Upon recommendation from the Chief of Police that the
license be revoked because the conduct of the licensee or the
manner in which the licensee is conducting his business operation
endangers the health or safety of a citizen of the City of
Lubbock.
(o) The license holder or applicant may appeal such denial or
revocation of license to the Permit and license Appeal Board of the
City of Lubbock in accordance with Sections 2-165 through 2-168 of the
Code of Ordinances of the City of Lubbock.
SECTION 20-17. Contents of license, Triplicate Record.
A license issued under the provisions of Section 20-16 of this
Article shall state the name and residence of the person to whom it is
issued and the location from which such person is licensed to conduct
the business operation authorized by such license or the fact that the
licensee is a peddler who is authorized to carry goods upon a truck or
other vehicle on the streets of the City for the purpose of exhibit-
ing, selling or offering for sale such goods from such truck or other
vehicle or to go from door to door of residences, offices, or places
of business to display, sell, offer for sale or take orders for the
sale of goods or to exhibit brochures, sales literature, or price
lists of goods. Each such license shall be officially signed by the
City Manager or by his designated representative with an appropriate
seal of office affixed. The City Manager or his designated repre-
sentative shall keep a record of each such license issued and a record
of each such license shall be filed with the City Secretary.
SECTION 20-18. Duration of license; Fees; Assignment.
Any person who is required to obtain a license by the prov1s1ons
of Section 20-16 of this Article may apply for a thirty (30) day
license. When a thirty (30) day license is issued to any such person,
such licensee shall pay to the City Manager or to his designated
representative a license fee of FIFTY DOLLARS ($50.00), which sum
shall be used to defray part of the expense of administration and
enforcement of this Article. No license issued under the provisions
of this Article shall be issued for a longer period than thirty (30)
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days. Such license shall not be assignable and shall not authorize
more than one person to engage in the activity of peddler, itinerant
merchant, or transient vendor within the city.
SECTION 20-19. Exhibited on Demand; furnishing Identification.
Each licensee shall wear the photo identification required under
the provisions of Section 20-16 of this Article attached to the outer
clothing of such licensee so that they are visible to any person to
whom such licensee attempts to sell goods. Any licensee must exhibit
a license and the photo identification issued under the prov1s1ons of
Section 20-16 of this Article, upon demand, to the City Manager or his
designated representative, to any police officer of the City or to any
person to whom a sales or solicitation is attempted to be made. In
addition to the exhibiting of the license and the photo identifi-
cation, any licensee must also exhibit upon demand identification of
and authorization from the company represented by such licensee.
SECTION 20-20. Warranty Information.
Any person required to obtain a license under the prov1s1ons of
Section 20-16 of this Article shall furnish the following information
to each customer:
(a) In the case of food or beverage sales a written statement, the
name and address of the manufacturer and distributor of said product,
together with a statement of what, if any, warranties are applicable
to the product.
(b) In the case of all other products, except food and beverages, a
written statement of the name of the manufacturer and distributor of
said product, a written statement of where service may be obtained or
the product sold and a written statement of what, if any, warranties
are applicable to the product.
SECTION 20-21. Enforcement.
The Police Department of the City of Lubbock shall enforce this
chapter.
SECTION 20-22. New Business Activity.
In all cases where a person seeks to establish a new business
activity, which activity is required to be licensed by the terms of
this Article, and intends to engage in such activity for more than 30
consecutive days within the City, such person shall file with the City
Manager or his designated representative, an application for exemption
from the provisions of this Article.
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SECTION 20-23. Application for Exemption.
The application for exemption provided for in Section 20-22 of
this Article shall be made by the person requesting such exemption
upon forms available in the office of the City Manager. Such appli-
cation form shall provide the following information which must be
furnished by each applicant:
(a) The name, address and proposed occupation of applicant;
(b) The Social Security number and birth date of the applicant;
(c) A valid state driver's license or other positive identification
issued to the applicant by a governmental agency.
(d) A brief description of the type of business activity the appli-
cant intends to engage in.
(e) Any other relevant information which tends to show that applicant
will be engaged in such business activity for a period in excess of 30
consecutive days within the City. By way of illustration only and not
by way of exclusion, the following matters may be submitted for
consideration by the City Manager in determining whether the exemption
should be granted:
(1) Whether application has been made to have applicant's
permanent phone nunber listed in the Lubbock Telephone Directory.
(2) Whether applicant has policies of liability insurance which
cover applicant's activities within the City of Lubbock for a
period of time in excess of 30 consecutive days from the date of
this application.
(3) Whether the applicant has placed advertising with any of the
following media:
(a) Radio
(b) T.V.
(c) Newspaper
(d) Other media
which advertising evidences an intent that the applicant will
engage in business activity covered by this Article for a period
in excess of 30 consecutive days from the date of their appli-
cation.
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(4) Whether the applicant has policies of property insurance
which policies insure the goods or wares offered to the public by
applicant within the City of Lubbock for a period of time in
excess of 30 consecutive days from the date of this application.
(f) Each person making application for exemption from the provisions
of this Article shall swear or affirm that the information given on
the application for exemption is true and correct.
SECTION 20-24. Approval or Denial of Application; Appeal.
(a) The City Manager shall review each application for exemption from
this Article filed in his office and shall within 15 days of such
filing either approve the application or deny same.
(b) In each case where the City Manager has approved the application,
he shall mark approved upon the face of the application, date and sign
said approval and keep the original of such application in his office
returning an approved copy to the applicant.
(c) In each case where the City Manager disapproves the application,
he shall mark disapproved upon the face of the application, date and
sign said disapproval, keeping the original in his office and re-
turning a copy marked disapproved to the applicant.
(d) In each case where an application has been disapproved by the
City Manager, the applicant may appeal such decision to the Permit and
License Appeal Board of the City of Lubbock in accordance with
Sections 2-165 through 2-168 of the Cade of Ordinances of the City of
Lubbock. The appeal taken under this provision must be filed with the
Board within ten days of the date of disapproval by the City Manager.
(e) In each case where the Permit and License Appeal Board upholds
the decision of the City Manager in disapproving an application, the
applicant shall within three days of the date of such decision apply
far a license as required by this Article or be subject ta the penalty
hereinafter set forth.
SECTION 20-25. Violation; penalty.
(a) It shall be unlawful for any person, required by Section 20-16 of
this Cade to secure a license, ta engage in the activities set forth
in such Section 20-16 without a license.
(b) It shall be unlawful for the holder of any license issued under
this chapter to enter upon the land or premises of another after
receiving, immediately before such entry, notice from the owner,
resident, occupant or adult person acting for such person exercising
possession that such entry is forbidden; further, it shall be unlawful
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for any such license holder to remain on the premises of another after
receiving notice from the owner, resident, occupant or adult person
acting for such person exercising possession, to depart such premises.
(c) A violation shall constitute a misdemeanor and upon conviction
thereof, punishable by a fine not to exceed TWO HUNDRED DOLLARS
($200.00).
(d) A conviction for the violation of subsection (b) above shall
result in the automatic revocation of such convicted person's peddlers
and solicitor's license.
SECTION 2. Should any section, paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
SECTION 3. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative
method as provided by law.
AND IT IS SO ORDERED.
Passed by the Council on first reading this 12th day of , 1984.
Passed by the Council on second reading this26th day of-..,..._..---, 1984.
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ATTEST:
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APPROVED AS TO FORM:
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Ross, Jr., City Attar
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THE STATE OF TEXAS
COUNTY OF LUBBOCK
Before me Bonnie McKee a Notarv Public in and for Lubbock Countv. Texas on this dav
personally appeared Twi I a Auf 111' Account Manai:!e r of the S~uthwestern Newspi-
pers Corporation. publishers of the Lubbock Avalanche-.Journal -Morning. Evening and-Sunpay. who
being by me duly sworn did depose and say that said newspaper has been publi~hed continJJou.sl'l ·for more
than fifty-tw(!_ w~~ks t!['ior to the first insertion of this Lei:!al Notite-571 wora,c0 6bt Per
word•--,$376.86 No. 926531 at Lubbock County. Texas and the attached print-
ed copy of the Not 1 ce is a true CO()Y of the original and was printed in the Lubbock
Avalanche-.Journalonthefollowingdates: JulY 28 & Aueu&t 4, 1984
L-11217
Account Manaeer
LUBBOCK AVALANCHE-JOURNAL
Southwestern Newspapers Corporation
Subscribed and sworn to before me this _6_ day of Aui:!U& t