Solicitors Ordinance - 111

ARTICLE V - SOLICITORS, ITINERANT VENDORS, ETC



Sec. 3-3-61. - Purpose.




This entire article is and shall be deemed an exercise of the police power of the State of Texas, and of the City of Universal City, for the public safety, comfort, convenience and protection of the City and citizens of said City, and all of the provisions herein shall be construed for the accomplishment of that purpose.


(Ord. No. 111-G-2007, § I, 9-18-07)



Sec. 3-3-62. - License required.


It shall hereafter be unlawful for any person to:


(a) (1)Go from house to house; or


(2)From place to place;
in the City of Universal City, Texas, soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, or subscriptions for same or to solicit funds, services or property for charitable or nonprofit purposes without having first applied for and obtained a license or registration permit to do so from the Police Department and said City. It shall also hereafter be unlawful to sell or solicit in said City as aforesaid without carrying such license or registration permit while engaged in such soliciting or selling.



(b)Offer for sale or take orders for the sale of any merchandise, goods and/or services specified in subsection (a) above at a static display or as a display vendor. Static display or display vendors are defined as those who locate in a designated area on private or public property exhibiting for display and/or sale merchandise, goods and/or services as specified in Section II above.


(c)All handbills shall provide, in not less than ten (10) point bold-faced type, the name and phone number of the person, firm, company partnership, corporation or association engaged in any business activity mentioned in this section.



(Ord. No. 111-G-2007, § II, 9-18-07)




Sec. 3-3-63. - Application required.



Any person desiring to go from house to house or from place to place in the City of Universal City, Texas, to sell or solicit orders for goods, wares, merchandise, services, photographs, or subscriptions to same or solicit funds, services or property for charitable or nonprofit purposes shall make written application to the Police Department of Universal City for a license or permit. Such application shall show the name and address of the applicant, the name and address of the person, firm or corporations, if any, and the description of the activity sought to be licensed and whether such applicant during any such activity shall demand, accept or receive payment or deposit of money in advance of final delivery, and the period of time such applicant wishes to engage in said activity in the said City and a recent photograph of the applicant to be attached to the application for license issued by the Police Department. Solicitors of funds or services or property for charitable or nonprofit purposes are required to file a current organizational financial statement, with their application.


(Ord. No. 111-G-2007, § III, 9-18-07)



Sec. 3-3-64. - Bond required.


The application shall be accompanied by a bond in the penal sum of one thousand dollars ($1,000.00), 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, services, photographs, 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 thirty (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 an applicant is a person, firm, company, partnership, corporation or association engaging in any activity mentioned in section 3-3-62, through one (1) or more agents or employees, such persons, firm, company, partnership, corporation or association shall be required to enter into only one (1) bond, in the sum of one thousand dollars ($1,000.00) as above required, which bond shall be made to cover the activities of all its agents or employees.


(Ord. No. 111-G-2007, § IV, 9-18-07)



Sec. 3-3-65. - Itinerant merchant or vendor.



An "Itinerant Merchant" or an "Itinerant Vendor", as the terms are used in this article, shall be held to be any person, firm, company, partnership, corporation or association engaged in any activity mentioned in section 3-3-62.


(Ord. No. 111-G-2007, § V, 9-18-07)



Sec. 3-3-66. - Fees.


The license fee for an itinerant merchant or itinerant vendor shall be as stated in the most current fee schedule for the City with the requirement for a bond as stated in section 3-3-64. When any person, firm, company, partnership, corporation or association engages in any activity mentioned in section 3-3-62 through one (1) or more agents or employees such person, firm, company, partnership, corporation or association shall pay a license fee plus the fee for each agent or employee as stated in the most current fee schedule for the City. Said license shall be valid for one (1) year from the date of issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of said licenses, and are subject to change without prior notice.


(Ord. No. 111-G-2007, § VI, 9-18-07)



Sec. 3-3-67. - Commercial dealers, nonprofit organizations.



The provisions of this article shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business nor to sales made under authority and by order of law. Further, the license fee shall not apply to charitable or nonprofit organizations located within Universal City, Texas. All other nonprofit, charitable organizations located outside the corporate limits of Universal City shall be required to pay the license fee specified in section 3-3-66, and, at the time of application for license, said nonprofit, charitable organization shall submit evidence that it has, at a previous date of not more than thirty (30) days from the date of the application for such license, published in the Weekly Herald or any other newspaper of general circulation in the City of Universal City, Texas, a statement clearly and explicitly stating the percentage of each donation which is actually received by the intended beneficiary or by an institution which serves the needs of the intended beneficiary or beneficiaries of such organization. Solicitors of funds or services or property for charitable or nonprofit purposes are required to file a current organizational financial statement with their application.


The provisions of this section shall no apply to sales made by schools serving students of the City of Universal City or organizations affiliated with such schools if a member of the school staff submits to the City prior to any solicitation a list of all solicitors and a letter from the school principal authorizing the sale and describing the item to be sold. Thereafter, such named solicitors shall be authorized to go from house to house or from place to place in the City of Universal City without any license or other registration and the fee provision of section VI shall not apply. Each solicitor shall have in their possession at all time when conducting such allowed solicitation a copy of the above required letter from the school principal authorizing the sale and shall display same on request (Council Policy Number 3 enacted August 3, 1993).


(Ord. No. 111-G-2007, § VII, 9-18-07)



Sec. 3-3-68. - Interstate commerce.


The term "Interstate Commerce" means soliciting, selling, or taking orders for or offering to take orders for any goods, wares, merchandise, photographs, or subscriptions of newspapers or magazines, which, at the time the order is taken, are in any foreign county, any federal territory or district, or any state other than Texas, or will be produced in any foreign county, any federal territory or district, or any state other than Texas, and shipped or introduced into this City in the fulfillment of such orders.


The provisions of sections 3-3-62, 3-3-63, 3-3-64 and 3-3-66 of this article, pertaining to licenses, application, license fees and bonds, shall not apply to persons engaged in interstate commerce as that term is herein defined; provided, however, that it shall be unlawful for persons engaged in interstate commerce to go from house to house or from place to place in the City of Universal City without having first registered with the Police Department of said City giving the following information:


(a)Name, home address and local address, if any, of registrant;


(b)Name, and address of the person, firm or corporation, if any, that he or she represents or for whom or through whom orders are to be solicited or cleared;


(c)Nature of the articles or things which are to be sold or for which orders are to be solicited;


(d)Whether registrant, upon any sale or order shall demand or receive or accept payment of deposit of money in advance of final delivery;


(e)Period of time which registrant wishes to solicit or sell in said City.



The registrant at the time of the registration, as herein provided for, shall submit for inspection of the Police Department written proof of his identity which may be in the form of a picture automobile operator's license, identification letter or card issued to registrant by the person, firm or corporation for whom or through whom orders are to be solicited or cleared, and pay a registration fee per agent or employee as stated in the most current fee schedule of the City.


(Ord. No. 111-G-2007, § 8, 9-18-07)



Sec. 3-3-69. - Hours of solicitation.



During Central Standard Time solicitation hours are from 10:00 a.m. to 6:00 p.m., and that during Daylight Savings Time solicitation hours are from 10:00 a.m. to 6:00 p.m., seven (7) days a week.


(Ord. No. 111-G-2007, § IX, 9-18-07)



Sec. 3-3-70. - Penalty.



Any person, firm and/or corporation violating any provisions of this article or failing to observe any provisions herein shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not more than two hundred dollars ($200.00) and each and every day or fraction of a day during which this article, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such.


(Ord. No. 111-G-2007, § X, 9-18-07)





FOOTNOTE(S):



(49) Editor's note— Section XIII of Ord. No. 111-G-2007, adopted Sept. 18, 2007, repealed Ord. Nos. 11-E-94 and 11-F-2006, from which Art. V, §§ 3-3-60—3-3-69, derived. Sections I—X of Ord. No. 111-G-2007 enacted similar provisions which have been codified to read as herein set out.
(49) Cross reference— Remaining on premises after order to leave, § 2-7-35