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Ord 136-88 12/20/1988 ORDINANCE NO. /3 -- d O ORDINANCE AMENDING IN ITS ENTIRETY, CHAPTER EIGHT, ARTICLE II OF THE CODE OF ORDINANCES THAT REGULATE SOLICITORS AND ITINERANT MERCHANTS WHEREAS, there is a need to update the Code of Ordinances to reflect multiple locations for itinerant merchant permits; and WHEREAS, the Code of Ordinances does not require itinerant merchant permits to be posted at each location of sale; and WHEREAS, the Code of Ordinances does not specify the requirements of itinerant merchants who desire to change locations; and WHEREAS, an emergency is created by the fact that all permits expire on December 31 of the current year, and this amendment is essential for the immediate use of the City of Wichita Falls, therefore, this ordinance shall become effective immediately upon its passage. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The following ordinance, which regulates solicitors and itinerant merchants is hereby amended, in its entirety, as follows: ARTICLE II. SOLICITORS AND ITINERANT MERCHANTS Sec. 8-13. Definitions. (a) A "solicitor" is defined as any individual, whether a resident of the city or not, traveling either by foot or by automobile or other type of conveyance, from place to place, from house to house, or from street to street: (1) taking or attempting to take orders for sale of goods, wares, merchandise or personal property of any nature whatsoever (including tickets for shows and books of coupons which may be traded in for goods or services) for immediate or future delivery, or for services to be furnished or performed in the future, whether or not he is collecting payment on such sales; or (2) carrying or transporting any of the items described in subsection (1) , offering and exposing the same for sale, or making sales and delivering articles to purchasers or who, without traveling from place to place, shall sell or offer 2 the same for sale from an automobile or any other type of conveyance. (b) An "itinerant merchant" is defined as any person, firm or corporation, whether as owner, agent, consignee or employee, whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares, merchandise or personal property of any nature whatsoever 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. Sec. 8-14. Permit required. unlawful for any solicitor to go in and (a) It shall be y g upon private residences in the city, without having been requested or invited so to do by the owner or occupant of such private residence, for the purpose of engaging in the business of solicitor as defined in section 8-13 of this article, without first securing a permit from the city clerk. (b) It shall be unlawful for any solicitor in the city to take or attempt to take orders described in section 8-13 , subsection (1) , by telephone to private residences, without first securing a permit from the city clerk as herein provided. (c) It shall be unlawful for any solicitor to go in and upon any business, commercial, industrial or governmental establishment in the city, without having been requested or invited so to do by the owner or lessee thereof, for the purpose of engaging in the business of solicitor as defined in section 8- 13, without first securing a permit from the city clerk; provided, however, this subsection 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. (d) It shall be unlawful for an itinerant merchant as defined in section 8-13 to engage in such business within the city without first obtaining a permit therefore 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. (e) 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. 3 Sec. 8-15. 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 filed a separate application for the new location with the city clerk. Sec. 8-16. Solicitors standing or stopping on streets limited. It shall be unlawful for any solicitor, who is selling or offering for sale goods, wares and 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. 8-17. 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. 8-18. Application for permit. Any individual, firm, association or corporation desiring a permit required by this article shall make written application therefore 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 post office 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, 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. 4 (f) Whether the applicant has ever been convicted of a felony or a misdemeanor involving moral turpitude. (g) Description and license number of all vehicles to be used by applicant. (h) If application is for permit for itinerant merchant, the address, or addresses, where the temporary business will be carried on. (i) 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. 8-19. 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 an individual who is not working for a company, letters of recommendation from two (2) citizens of the city of applicant's permanent residence. (c) 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. (d) 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 (c) above; such new employees may not work under this permit until they are approved by the permit board. (e) If the applicant is other than an individual, or if the applicant is an individual working for a company, a reference letter or report on the company from the better business bureau or chamber of commerce, and a bank, of the city in which the principal office or headquarters of the company is located. 5 Sec. 8-20. 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. 8-21. 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, and that the applicant has not been convicted of a felony or a misdemeanor involving moral turpitude, the permit board shall authorize the issuance of the permit by the city clerk. Sec. 8-22. Fees for and term of permit. Each applicant for a 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 location, regardless of the term of permit. If the applicant is other than an individual, the applicant will be charged an additional fee of One dollar ($1. 00) for each employee working as a solicitor or itinerant merchant under the permit. All permits shall expire on December 31st of the calendar year in which it is issued. Sec. 8-23. 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 vendor. (d) The date of issuance and date of expiration of the permit. Sec. 8-24. 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 6 as a solicitor unless he carries on his person while so engaged an identification card issued by the city clerk. Sec. 8-25. 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 or peddling 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. 8-26. 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. Sec. 8-27. Bond. Every holder of a solicitor's permit, not a resident of the city, or who being a resident of the city represents a firm whose principal place of business is located outside the State of Texas, before doing business under such permit shall file with the city clerk a surety bond in the amount of one thousand dollars ($1, 000. 00) , payable to the city. Every holder of an itinerant merchant's permit, not a non-profit organization located in the City of Wichita Falls, before engaging in business under such permit, shall file with the city clerk a surety bond in the sum of one thousand dollars ($1, 000.00) , payable to the city. Such bonds shall be approved by the city attorney. Such 7 bonds shall inure to the benefit of any and all persons who sustain any loss or damage on account of any breach of the conditions of the bonds. Such bonds shall be conditioned as follows: (a) The solicitor's permit bond shall be conditioned that the holder shall comply fully with all the provisions of the ordinances of the city and the statutes of the state regulating and concerning the business of solicitor, and guaranteeing to any citizen that all money paid as a down payment will be accounted for and applied according to the representations of the solicitor and further guaranteeing that the property purchased will be delivered according to the representations of said solicitor. (b) The itinerant merchant's permit bond shall be conditioned that the holder shall comply fully with all provisions of the ordinances of the city and statutes of the state regulating and concerning the sale of goods, wares and merchandise, and will pay all judgments rendered against holder for any violation of said ordinances or statutes, together with all judgments and costs that may be recovered against him by any person for damages growing out of any misrepresentation or deception practiced on any person transacting business with such holder, whether said misrepresentations or deceptions were made or practiced by the holder or by his employees or agents, either at the time of making the sale or through any advertisement of any character whatsoever, printed or circulated with reference to the goods, wares and merchandise sold or any part thereof. Sec. 8-28. Exemptions from article. (a) 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; daily deliveries of milk and bakery and other food products; newspaper distribution when headquarters are maintained in the city; sales made to dealers by commercial travelers or sales agents in the usual course of business; sales made under authority and by order of law. (b) The provisions in this article of section 8-19 (c) , (d) , section 8-24, and the requirements in section 8-22 of a fee for each employee, shall not apply to the sale or soliciting of orders for sales by youth members of the Y.M.C.A. , Y.W.C.A. , Boys Clubs, Girls Clubs, Boy Scouts, Girl Scouts and Campfire Girls, including youth members of 501C(3) organizations located within the City of Wichita Falls, when such youth members are soliciting as a part of a program sponsored by the organization, but the organization must obtain a permit. (c) The provisions in this ordinance of section 8-19 (c) , (d) , section 8-24, and the requirement in section 8-22 of a fee for each employee, shall not apply to sales or soliciting of orders for sales by youth members of any club, organization, 8 fraternity or sorority sanctioned and approved by the local schools or Midwestern State University, when such youth members are soliciting as a part of a program sponsored by the organization, but the organization must obtain a permit. Sec. 8-29. Penalty. Any person violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine not to exceed two hundred dollars ($200.00) . Every day a violation continues shall constitute a separate offense. PASSED AND APPROVED this the 20th day of December, 1988. i ANihr���i M A Y O R ATTEST: ity Clerk ORDINANCE NO. 127-88 Ad 2 9 2 2 6 8 IORDINANCE WAIVING SEC- TION 98 THE CO - Affidavit of Publication PREHENSIVE SUBDIVISION OR- DINANCE WITH RESPECT TO LOT 2,BLOCK 12,MICHNA ESTATES. ' ORDINANCE NO. 128-88 I ORDINANCE WAIVING SEC-, THE STATE OF TEXAS TION '9B 2A OF THE COM- PREHENSIVE SUBDIVISION OR COUNTY OF WICHITA OR- DINANCE RESPECT TO THE REPLAT OF LOTS 7 AND 8, (P BLOCK 32, BARWISE AND re) JALONIC ADDITION. ORDINANCE NO. 129-88 On this 1 3 t h day of January ORDINANCE WAIVING SEC- TION 9B 2A OF THE COM- PREHENSIVE SUBDIVISION OR- 19 8 9 DINANCE WITH RESPECT TO CURB AND GUTTER REQUIRE- A D personall y appeared before me, the undersigned authority MENTS FOR LOT 1-A, BLOCK D A r i c e Ming 104,ORIGINAL TOWNSITE. g bookkeeper ORDINANCE NO. 130-88 ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYS- Times/Record News, a newspaper published at Wichita Falls in Wichita County, TEM, "UPDATED SERVICE: I CREDITS"IN SAID SYSTEM FOR 1 Texas, and upon being duly sworn by me, on oath states that the attached SERVICE PERFORMED BY QUALI- FYING MEMBERS OF SUCH SYS- TEM WHO PRESENTLY ARE IN advertisement is a true and correct copy of advertising published THE EMPLOYMENT OF THE CITY OF WICHITA FALLS:PROVIDING in one ( ) issues thereof on the following dates: FOR INCREASED PRIOR AND - _ CURRENT SERVICE ANNUITIES January n u a r 6 , 1989 FOR RETIREES AND Y BENEFICIARIES OF DECEASED RETIREES OF THE CITY:AND ES \, w TABLISHING AN EFFECTIVE ` "..• DATE FOR SUCH ACTIONS. ORDINANCE NO 131-88 ' AN ORDINANCE M!(IKING.AN APPROP IkAD E GEN- Bookkeeper for Times Publishing Company ERAL FUND ND FRO FROM"AbEITIONAL GRANT tEyENUE RECEIVED of Wichita Falls FROM TfIE.S�g DEPARTMENT OF HIGH • N.G PUBLIC TRANSPORT ION FOR PURPOSES O TRANSPOR- AL) Subscribed and sworn to before me this the day and year first above written. TATION PLANNING. ORDINANCE NO. 132-88 �- j / ORDINANCE CLOSING HEAR- ING AND FINDING CERTAIN =/ T.�, BUILDINGS AND/OR STRUC- _ - - �'�r-U =' TURES TO BE DANGEROUS: • COMMANDING PROPERTY OWNERS TO REPAIR OR DE- 1'°' n:"r'+»'y.:*.;,M. MOLISH SAID BUILDINGS - "'"^'?'`'' a'_;kz;g,R'V AND/OR STRUCTURES WITHIN 1-�:�'v, if5 THIRTY(30)DAYS OF THE DATE�, - 23 ;xa- OF THIS ORDINANCE AND '""`-`22°-;2t,,,1:._ v•;-,.• if, DECLARING AN EMERGENCY. i-pa C, " -•tai y% ORDINANCE NO. 133-88 L•yam_.,''"j ''%3 •-_Y j_.a; A'• ORDINANCE AMENDING SEC-1 �'° 1334 4, TION 29-91 OF THE CODE OF ORDINANCES OF THE CITY OF - WICHITA FALLS,TEXAS BY COR- `s RECTING SUBPARAGRAPH(M),! WHICH ESTABLISHES PRIMA! ' FACIA MAXIMUM SPEED LIMITS ON CERTAIN STREETS. ORDINANCE NO. 134=88 ! • ORDINANCE REPEALING' • ' SUBSECTION (a) OF SECTION' 29-172 OF THE CODE OF ORDI- NANCES, WHICH PROHIBITS k,- SOLICITATION FROM OCCU- PANTS OF A VEHICLE BY PER-' Uri CLERK'S 0 ia• ' SONS STANDING ON A MEDIAN - �.a°d CLd•RK ev iil°u`("'' OR CURB. ORDINANCE NO. 135-88 I�-1.- /-/ -61 ? _. M_ AN ORDINANCE REZONING "S`" °^- ` BLOCK 122, WESTMORELAND' �7 PARK ADDITION, WICHITA .. 0.-12--d—' / �i 1 FALLS, TEXAS,._FROM SINGLE- R�.._-• . ... _._..•__., FAMILY RESIDENTIAL, STAN- DARD LoT;•+.•,:5F-2) T*:,MULTI - FAMILY EN'ftAw(MFR) ZONE --- ORDINA, ,•.NO%T.36-88 ORDINANCE'AMENDING IN ITS . ENTIRETY, CHAPTER EIGHT, ARTICLE II OF THE CODE OF OR- DINANCES THAT REGULATE SOLICITORS AND ITINERANT MERCHANTS.