Ord 10-89 2/7/1989 .
ORDINANCE NO. 10-89
ORDINANCE AMENDING ARTICLES I AND II, CHAPTER EIGHT, CODE
OF ORDINANCES, REGULATING SOLICITORS AND ITINERANT
MERCHANTS AND REPEALING ARTICLE IV, CHAPTER EIGHT,
REGULATING CHARITABLE SOLICITORS
WHEREAS, the activity of solicitors and itinerant
merchants affect the health, safety and welfare of the citizens
of Wichita Falls; and,
WHEREAS, there is a need to amend the Code of Ordinances
to more accurately define the activities of solicitors and
itinerant merchants.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
Articles I and II of Chapter Eight, Code of Ordinances,
are hereby amended to read as follows:
ARTICLE I. SOLICITORS
Sec. 8-1. Definitions.
A "solicitor" is defined as any individual, firm, or
corporation, who either by telephone or by traveling from place
to place:
( 1) takes or attempts to take orders for sale of
goods, wares, merchandise or personal property (including
tickets for shows and books of coupons which may be traded in
for goods or services) for immediate or future delivery; or
( 2 ) collects or attempts to collect money, property,
or any item of value.
Sec. 8-2. Permit required.
(a) It shall be unlawful for any solicitor to go in or
upon any private residence, business, commercial, industrial or
governmental establishment in the ,city, without having been
requested or invited so to do by the owner, occupant or lessee
thereof, for the purpose of engaging in the business of
solicitor as defined in section 8-1, without first securing a
permit from the city clerk. However, this section shall not
apply to a solicitor making sales to or taking orders from the
owner or lessee for goods or services used in the business.
(b) It shall be unlawful for any solicitor in the city to
engage in any solicitation as defined in section 8-1 by
telephone to a private residence, without first securing a
permit from the city clerk as herein provided.
Sec. 8-3. Solicitors standing or stopping on streets limited.
It shall be unlawful for any solicitor, who is selling or
offering for sale goods, wares or merchandise from an
automobile or other type of vehicle, to take a stand, or stop,
or stand his vehicle on any public street or public
right-of-way within the city for a longer period of time than
ten ( 10 ) minutes.
Sec. 8-4. Establishment, composition and general duties of
permit board.
There is hereby established a permit board for the city,
which shall be composed of the city manager, who shall be
chairman of the board, the city attorney, the chief of police
and the city clerk. The permit board shall perform all duties
incumbent upon it under the terms of this article.
Sec. 8-5. Application for permit.
Any individual, firm, association or corporation desiring
a permit required by this article shall make written
application to the city clerk, on a form to be furnished by the
city clerk, which application shall show the following:
(a) The full name and address of the applicant, and his
social security number and/or driver ' s license number if an
individual.
(b) The city, county and state in which the applicant
permanently resides, or, if the applicant is other than an
individual, the city, county and state in which the applicant
has its principal place of business.
(c) If applicant is an individual, the date of birth,
height, weight, complexion, color of hair and color of eyes of
applicant.
(d) The occupation in which the applicant desires to
engage and for which he desires a permit.
(e) A full and complete description of the goods, wares,
merchandise or other personal property, or, the services, which
applicant desires to sell, which description shall give in
detail the grade and character of the property or services to
be sold. Further description as to grade and quality may be
required by the permit board.
(f) Description and license number of all vehicles to be
used by applicant.
(g) The application shall be signed by the applicantsif
an individual, , by a partner if a partnership, by the president
or vice-president if a corporation, and by an authorized
officer if an association.
Sec. 8-6. Attachments to application.
There shall be attached to each application for a permit
the following:
(a) If the applicant is an individual working for a
company, a certificate or letter from the president, vice-
president, general manager, sales manager, assistant sales
manager or district or area manager of the company, stating
that the applicant is an employee and/or agent of such company.
(b) If applicant is other than an individual, a list of
all their employees who will be working as solicitors under
this permit, giving their full names and addresses, their
social security numbers, the city, county and state in which
each resides permanently, and the date of birth, height,
weight, complexion, color of hair and color of eyes of each of
them.
(c) If, while a permit is in effect, the applicant
desires to hire more employees as solicitors, the applicant
shall furnish to the city clerk an additional list, containing
the information described in subsection (b) above; such new
employees may not work under this permit until they are
approved by the permit board.
(d) A reference letter or report from the better business
bureau or chamber of commerce, and a bank, of the city in which
the applicant resides or the business is located.
Sec. 8-7. Consideration of permit application by permit board.
Upon the filing of an application for a permit, it shall
be the duty of the city clerk to circulate the application to
the other members of the permit board for their consideration.
The members of the board may consider the application either in
a meeting or individually.
Sec. 8-8. Issuance of permit.
If, upon consideration, it shall appear to the permit
board or a majority thereof that the statements contained in
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heard by the city council at its next regular meeting after the
filing of the notice of appeal. The city council shall have
the same powers and authority at such hearing on such appeal as
is vested in the permit board by this article.
Sec. 8-14. Exemptions from article.
The provisions in this article of section 8-6(b) , (c) ,
section 8-11 , and the fee requirement in section 8-9 shall not
apply to sales or soliciting of orders for sales by members of
any fraternity or sorority sanctioned and approved by the local
schools or Midwestern State University, when such members are
soliciting as a part of a program sponsored by the
organization, but the organization must obtain a permit.
ARTICLE II. ITINERANT MERCHANTS
Sec. 8-15. Definitions.
(a) An "itinerant merchant" is defined as any person,
firm or corporation, who engages in a temporary business of
selling and delivering goods, wares, merchandise or personal
property at any location on private property within said city,
and who, in furtherance of such purposes, uses or occupies any
building, structure, motor vehicle, or public room in a hotel
or motel, or any vacant lot or open space for the exhibition
and sale of such goods, wares, merchandise or other personal
property, or for the purpose of securing orders for future
delivery; provided, however, such definition shall not include
any individual who is licensed by the State of Texas as an
auctioneer or associate auctioneer and who complies with all
applicable provisions of Article 8700 , Rev. Civ. Stat. of
Texas.
(b) "Temporary" shall mean any such business for which
documented agreements have not been made for the rental or
lease of the premises for at least one month, in or upon which
such business is to be operated or conducted.
(c) A "multiple vendor event" is defined as a show,
exhibit or promotion containing at least five ( 5) itinerant
merchants for the purpose of engaging in temporary business at
a fixed location under the sponsorship or promotion of one or
more organizations.
Sec. 8-16. Permit required.
(a) It shall be unlawful for an itinerant merchant as
defined in section 8-15(a) to engage in such business within
the city without first obtaining a permit from the city clerk.
Such permit shall be posted at each location specified in the
application and in such a place as to be visibly seen by
traffic and/or passersby.
(b) The issuance of a permit under this article does not
authorize the holder to go on private property for the purpose
of engaging in his business, when he has notice that his
entrance is forbidden or he has received notice to depart.
Sec. 8-17. Change of location requires new permit.
Itinerant merchants shall not be permitted to move to any
location other than those which are specified in the original
application without having first provided written notice to the
city clerk,.
Sec. 8-18. Establishment, composition and general duties of
permit board.
There is hereby established a permit board for the city,
which shall be composed of the city manager, who shall be
chairman of the board, the city attorney, the chief of police
and the city clerk. The permit board shall perform all duties
incumbent upon it under the terms of this article.
the application are true, that the applicant has the right,
under the Constitution and laws of this state and under this
article, to engage in business, the permit board shall
authorize the issuance of the permit by the city clerk.
Sec. 8-9. Fees for and term of permit.
Each applicant for a solicitor permit shall be charged a
fee of Fifteen Dollars ( $15.00) , regardless of the term of the
permit. All permits shall expire on December 31 of the
calendar year in which it was issued.
Non-profit organizations which have been declared as tax
exempt under Internal Revenue Code Section 501c( 3 ) shall be
exempt from all fees under this section. Such non-profit
organizations shall further be exempt from the requirements of
Section 8-6(b) , (c) and Section 8-11 of this Article.
Sec. 8-10. Contents of permit.
Each permit issued shall contain the following:
(a) The name and address of applicant.
(b) If an individual, a physical description of the
applicant.
(c) The type of permit, whether for a solicitor or
itinerant merchant.
(d) The date of issuance and date of expiration of the
permit.
Sec. 8-11. Permit to be carried on person.
If the permit holder is an individual, it shall be
unlawful for him to engage in any activity for which the permit
is granted, unless he carries such permit on his person while
so engaged. If the permit holder is other than an individual,
it shall be unlawful for any of its employees to engage in
activity as a solicitor unless he carries on his person while
so engaged an identification card issued by the city clerk.
Sec. 8-12. Revocation of permit.
If, after the permit has been issued, the permit board or
other official of the city finds that the permit was obtained
by false representation in the application, such permit may be
revoked by the permit board. Such permit may also be revoked,
if it shall appear to the permit board that the holder of such
permit has violated any ordinance of the city or any law of the
state in connection with any soliciting by such holder or in
connection with the collection, or attempted collection, of any
account due to such permit holder or his employee, or in
connection with the repossession or attempted repossession of
goods sold by such permit holder or any other person employed
by the employer of such permit holder. Such permit may also be
revoked if it is determined that the permit holder is guilty of
fraud, misrepresentation or false statement made in the course
of carrying on his business under the permit, or that his
employees carry on a pattern of fraud, misrepresentation or
false statement made in the course of carrying on business
under the permit.
Sec. 8-13. Appeals from permit board.
If the applicant for a permit under this article or the
holder of such a permit is dissatisfied with any holding or
finding of the permit board, he shall have the right to appeal
to the city council by filing a written notice of such appeal
with the permit board within ten ( 10) days from the making and
filing of such decision of the permit board. Upon the filing
of such notice of appeal, the application for the permit and
all papers possessed by the permit board in connection with
such application and such permit shall be delivered to the city
council, and such matters as may be in controversy shall be
Sec. 8-19. Application for permit.
Any individual, firm, association or corporation desiring
a permit required by this article shall make written
application to the city clerk, on a form to be furnished by the
city clerk, which application shall show the following:
(a) The full name and address of the applicant, and his
social security number and/or driver ' s license number if an
individual.
(b) The city, county and state in which the applicant
permanently resides, or, if the applicant is other than an
individual, the city, county and state in which the applicant
has its principal place of business.
(c) The occupation in which the applicant desires to
engage and for which he desires a permit.
(d) A full and complete description of the goods, wares,
merchandise or other personal property, or the services, which
applicant desires to sell, which description shall give in
detail the grade and character of the property or services to
be sold. Further description as to grade and quality may be
required by the permit board.
(e) Description and license number of all vehicles to be
used by applicant.
(f) The address, or addresses, where the temporary
business will be carried on.
(g) The application shall be signed by the applicant if
an individual, by a partner if a partnership, by the president
or vice-president if a corporation, and by an authorized
officer if an association.
Sec. 8-20. Attachments to application.
There shall be attached to each application for a permit
the following:
(a) If the applicant is an individual working for a
company, a certificate or letter from the president, vice-
president, general manager, sales manager, assistant sales
manager, district or area manager of the company, stating that
thl applicant is an employee and/or agent of such company.
(b) If the applicant is other than an individual, the
applicant shall furnish to the city clerk a list containing the
names and permanent addresses of each employee working under
the permit.
(c) A reference letter or report from the better business
bureau or chamber of commerce, and a bank, of the city in which
the applicant resides or the business is located.
Sec. 8-21. Multiple Vendor Events.
The sponsoring organization of a multiple vendor event
shall complete an application as required in Sec. 8-19 and
8-20 . In addition, the sponsoring organization shall, within
three ( 3 ) days from the completion of the event, furnish the
city clerk with a complete list of the name, permanent address
and type of product sold by each merchant operating under the
permit of the sponsoring organization.
Sec. 8-22. Consideration of permit application by permit
board.
Upon the filing of an application for a permit, it shall
be the duty of the city clerk to circulate the application to
the other members of the permit board for their consideration.
The members of the board may consider the application either in
a meeting or individually.
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Sec. 8-23. Issuance of permit.
If, upon consideration, it shall appear to the permit
board or a majority thereof that the statements contained in
the application are true, that the applicant has the right,
under the Constitution and laws of this state and under this
article, to engage in business, the permit board shall
authorize the issuance of the permit by the city clerk.
Sec. 8-24. Fees for and term of permit.
Each applicant for an itinerant merchant permit shall be
charged a fee of Fifteen Dollars ($15.00) , regardless of the
term of the permit. Itinerant merchants having more than one
location shall be charged a fee of Fifteen Dollars ($15. 00) for
each additional location. All permits shall expire on December
31 of the calendar year in which it was issued.
Non-profit organizations which have been declared as tax
exempt under Internal Revenue Code Section 501c(3 ) shall be
exempt from all fees under this section. Such non-profit
organizations shall further be exempt from the requirements of
Section 8-20(b) .
Sec. 8-25. Contents of permit.
' Each permit issued shall contain the following:
, (a) The name and address of applicant.
(b) If an individual, a physical description of the
applicant.
(c) The type of permit, whether for a solicitor or
itinerant merchant.
(d) The date of issuance and date of expiration of the
permit.
Sec. 8-26. Revocation of permit.
If, after the permit has been issued, the permit board or
other official of the city finds that the permit was obtained
by false representation in the application, such permit may be
revoked by the permit board. Such permit may also be revoked,
if it shall appear to the permit board that the holder of such
permit has violated any ordinance of the city or any law of the
state in connection with th the collection, or attempted
collection, of any account due to such permit holder or his
employee, or in connection with the repossession or attempted
repossession of goods sold by such permit holder or any other
person employed by the employer of such permit holder. Such
permit mit ma also be
Y revoked if it is determined that the permit
holder is guilty of .fraud, misrepresentation or false statement
made in the course of carrying on his business under the
permit, or that his employees carry on a pattern of fraud,
misrepresentation or false statement made in the course of
carrying on business under the permit.
Sec. 8-27. Appeals from permit board.
If the applicant for a permit under this article or the
holder of such a permit is dissatisfied with any holding or
finding of the permit board, he shall have the right to appeal
to the city council by filing a written notice of such appeal
with the permit board within ten (10) days from the making and
filing of such decision of the permit board. Upon the filing
of such notice of appeal, the application for the permit and
all papers possessed by the permit board in connection with
such application and such permit shall be delivered to the city
council, and such matters as may be in controversy shall be
heard by the city council at its next regular meeting after the
filing of the notice of appeal. The city council shall have
the same powers and authority at such hearing on such appeal as
is vested in the permit board by this article.
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Sec. 8-28. Exemptions from article.
The provisions of this article shall not apply to the sale
or soliciting of orders for the sale of vegetables, poultry,
eggs and other farm and garden products which have been raised
or produced by the vendor; sales made under authority and by
order of law. In addition, the provisions of this article
shall not apply to an itinerant merchant conducting business at
the Wichita Falls Activities Center.
Article IV, Chapter Eight is hereby repealed in its
entirety.
PASSED AND APPROVED this the 7th day of February, 1989.
M A Y R
ATTEST:
City Clerk
Ad 297944
Affidavit of Publication
THE STATE OF TEXAS
AN ORDINA ORDINANCE NCE NO,RENA 8_89 MING COUNTY OF WICHITA
DELTA LANENHOG FARM ROAD
(Pal TO RIVER LANE qNp A PORTION e)
O ARENA ROAD.WAY/FM 22nd
ORDINANCE NO.9-89 day of February
AN ORDINANCE On this
THE AMENDED PROJECT
AND THE FINANCING PLAN FOR 1 9 8 9
WICHITA ZONE #1 OF personally appeared before me, the undersigned authority
WICHITA FALLS, TEXAS. A.D.
ORDINANCE NO 10-89 Dance Ming
ORDINANCE bookkeeper
EIGHT S I AND AI A HAPTER
EIGHT,CODE OF ORDINANCES, for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls
REGULATING SOLIGTORS AND
ITINERANT MERCHANTS AND
REPEALING ARTICLE TiTimes/Record News, a newspaper published at Wichita Falls in Wichita County,
Iv
CHAPTER EIGHT, REGULATING,
CHARITABLE sOUCITORS. Texas, and upon being duly sworn by me, on oath states that the attached
7710 N ENCAPPROPR�ATING copy of advertising published
577,100.66 F advertisement is a true and correct co g p
FUND-OTHER FINANCING GENERAL R& one 1
SOURCES r0 ACCOUNTS in issues thereof on the following dates:
FOR THE PURPOSE OF REPLACE-
NT. February 2 2 , 1989
1 MENT COPY EQUIPME
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Bookkeeper for Times Publishing Company
of Wichita Falls
(SEAL) Subscribed and sworn to before me this the day and year first above written.
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