Ord 3326 6/6/1978 Y / .
ORDINANCE NO. 3326
ORDINANCE DEFINING, REGULATING AND LICENSING
SOLICITORS, PEDDLERS AND ITINERANT MERCHANTS,
AND PROVIDING PENALTIES FOR THE VIOLATION
THEREOF.
WHEREAS, as solicitors and peddlers often create annoy-
ance for householders and lessen the peaceful enjoyment of a
home, as burglars frequently pose as solicitors and peddlers,
either in order that they may have a pretense to discover
whether a house is empty and hence ripe for burglary or for
the purpose of spying out the premises in order that they
may return later, and as fraudulent solicitors, peddlers and
itinerant merchants sometimes cheat members of the public by
either failing to deliver products for which they have been
paid or by delivering products which are inferior to the
products which were represented to the purchaser, this
ordinance is adopted by virtue of the police power of the
City for the protection of the health, safety and welfare
of the citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. 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, tak-
ing 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 future delivery, or
for services to be furnished or performed in the future,
whether or not he is collecting advance payments on such
sales.
b. A peddler is defined as any individual, whether a
resident of the City or not, traveling either by foot or
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by automobile or other type of conveyance, from place to
place, from house to house, or from street to street, car-
rying or transporting goods , wares, merchandise or personal
property of any nature whatsoever (including tickets and
coupon books described in Subsection a) , 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 the same for sale from
an automobile or any other type of conveyance.
c. 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 enga-
ges in a temporary business of selling and delivering goods,
wares, merchandise or personal property of any nature what-
soever within said City, and who, in furtherance of such
purpose, uses or occupies any building, structure, motor
vehicle, or public room in a hotel or motel, for the exhibi-
tion 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 com-
plies with all applicable provisions of Article 8700,
Revised Civil Statutes of Texas.
SECTION 2. Permit required.
a. It shall be unlawful for any solicitor or peddler
to go in and 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 or peddler as defined
in Section 1 of this ordinance, 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 1,
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Subsection a. , by telephone to private residences, without
first securing a permit from the City Clerk as herein pro-
vided.
c. It shall be unlawful for any person to engage in
the business of peddler as defined in Section 1 within the
City limits without first obtaining a permit from the City
Clerk.
d. It shall be unlawful for any solicitor or peddler
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 or peddler as defined in Section 1, without first
securing a permit from the City Clerk; provided, however,
this subsection shall not apply to a solicitor or peddler
making sales to or taking orders from the owner or lessee
for goods or services used in the business.
e. It shall be unlawful for an itinerant merchant as
defined in Section 1 to engage in such business within the
City without first obtaining a permit therefor from the
City Clerk.
f. The issuance of a permit under this ordinance 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.
SECTION 3. Certain peddling and soliciting prohibited
in fire limits.
a. It shall be unlawful for solicitors and peddlers
to carry on their business on the streets, sidewalks and
other public places in the fire limits.
b. Nothing in this section shall prohibit the sale of
newspapers or the sale or giving away of religious litera-
ture in the fire limits.
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SECTION 4. Peddler' s standing or stopping on streets
limited.
It shall be unlawful for any peddler, 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 minutes.
SECTION 5. 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 ordinance.
SECTION 6. Application.
Any individual, firm, association or corporation desir-
ing a permit required by this ordinance shall make written
application therefor 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 appli-
cant, and his Social Security 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,
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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. Whether the applicant has ever been convicted of a
felony or a misdemeanor involving moral turpitude.
g. Description and license numbers of all vehicles
to be used by applicant.
h. If application is for permit for itinerant merchant,
the address 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 presi-
dent or vice-president if a corporation, and by an author-
ized officer if an association.
SECTION 7. Application, attachments.
There shall be attached to each application for a per-
mit the following:
a. If 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 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
or peddlers 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 or peddlers,
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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, a
reference letter or report 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.
SECTION 8. Consideration 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 consid-
eration. The members of the board may consider the appli-
cation either in a meeting or individually.
SECTION 9. 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 ordinance, to engage in business, and that the
applicant has not been convicted of a felony or a misde-
meanor involving moral turpitude, the permit board shall
authorize the issuance of the permit by the City Clerk.
SECTION 10. Fees and term.
Each applicant for a permit shall be charged a fee of
fifteen dollars, regardless of the term of the permit. If
the applicant is other than an individual, the applicant
will be charged an additional fee of one dollar for each
employee working as a solicitor or peddler under the per-
mit. All permits shall expire on December 31 of the calen-
dar year in which it is issued.
SECTION 11. Contents of permit.
Each permit issued shall contain the following:
a. The name and address of applicant.
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b. If an individual, a physical description of the
applicant.
c. The type of permit, whether for a solicitor, ped-
dler, or itinerant vendor.
d. The date of issuance and date of expiration of the
permit.
SECTION 12. 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 or peddler
unless he carries on his person while so engaged an iden-
tification card issued by the City Clerk.
SECTION 13. Revocation.
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 per-
mit may also be revoked if it is determined that the per-
mit 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
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course of carrying on business under the permit.
SECTION 14. Appeals from permit board.
If the applicant for a permit under this ordinance or
the holder of such a permit is dissatisfied with any hold-
ing or finding of the permit board, he shall have the
right to appeal to the Board of Aldermen by filing a writ-
ten notice of such appeal with the permit board within ten
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 Board of Aldermen,
and such matters as may be in controversy shall be heard by
the Board of Aldermen at its next regular meeting after the
filing of the notice of appeal. The Board of Aldermen
shall have the same powers and authority at such hearing
on such appeal as is vested in the permit board by this
ordinance.
SECTION 15. Bond.
Every holder of a solicitor' s permit, not a resident
of the City, or who being a resident of the City repre-
sents 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, payable to the City.
Every holder of an itinerant merchant' s permit shall,
before engaging in business under such permit, file with
the City Clerk a surety bond in the sum of one thousand
dollars, payable to the City. Such bonds shall be approved
by the City Attorney. Such bonds shall inure to the bene-
fit 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
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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 con-
ditioned that the holder shall comply fully with all pro-
visions 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 misre-
presentations 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.
SECTION 16. Exemptions from ordinance.
a. The provisions of this ordinance shall not apply
to the sale or soliciting of orders for the sale of vege-
tables , 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.
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b. The provisions in this ordinance of Section 7c,
Section 7d, Section 12, and the requirement in Section 10
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 , when such youth members
are soliciting or peddling 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 7c,
Section 7d, Section 12, and the requirement in Section 10
of a fee for each employee, shall not apply to sales or
soliciting of orders for sales by youth members of any club,
organization, fraternity or sorority sanctioned and approved
by the local schools or Midwestern State University, when
such youth members are soliciting or peddling as a part of
a program sponsored by the organization, but the organization
must obtain a permit.
SECTION 17. Penalty.
Any person violating any of the provisions of this
ordinance shall, upon conviction thereof, be punished by a
fine not to exceed two hundred dollars. Every day a viola-
tion continues shall constitute a separate offense.
SECTION 18. Repealer.
Section 8-1, Section 8-13, Sections 8-24 through 8-37 ,
and Sections 8-43 through 8-47 of the Code of Ordinances
are hereby repealed.
SECTION 19. Severance clause.
The provisions of this ordinance are declared to be
severable and if any section, sentence, clause or phrase
of this ordinance shall for any reason be held to be invalid,
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• J I n
such decision shall not affect the validity of the remain-
ing sections, sentences, clauses and phrases of this ordin-
ance.
PASSED AND APPROVED this the 6th day of June, 1978.
A Y O R
ATTEST:
ity Clerk
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Affidavit of dubAcation .
ORDINANCE NO.3326
ORDINAN F-DEFINING, RE-
GULATING AND LICENSING (I THE STATE OF TEXAS
SOLICITORS, PEDDLERS
AND I T I RANT-.M I N -G. I` COUNTY OF WICHITA
CHA AND PROVIDING
PE ALTIES FOR THE VIOLA- Lere�
TION THEREOF.
WHEREAS, as solicitors and
peddlers often create annoyance . On this 27 -- day of "f h e
for householders and lessen the
I peaceful enioyment of a home, ��n
as burglars frequently pose as A T
solicitors and Peddlers,either in A.D. .....,. personally appeared before me, the undersigned authority
order that they may have a pre- t a
tense to discover whether a � , bookkeeper
house is empty and hence ripe Nina Scott
1 for burglary or for the purpose of
spying out the premises in order
( that they may return later,and for the Times Publishing Company of Wichita Falls, publishers of the
as fradulent solicitors,peddlers
and Itinerant merchants some-
times cheat members of the Wichita Falls Record News, a newspaper published at Wichita Falls in
public by either failing to deliver
I products for which they have
been paid or by delivering pro- Wichita County, Texas, and upon being duly sworn by me, on oath states
' ducts which are inferior to the
products which were represent- that the attached,advertisement is a true and correct copy of advertising
ed to the purchaser, this ordi-
nance is adopted by virtue of the published in_ �'
• police power of the City for the ,issues thereof on the following
1. protection of the health, safety
and welfare of the citizens. dates:
NOW, THEREFORE, BE IT June ORDAINED BY THE BOARD I 7 1978
OF ALDERMEN OF THE CITY `
OF WICHITA FALLS, TEXAS,
THAT:
SECTION t. Definitions. �/�\ink
a. A solicitor is defined as
any individuual,, whether a resi- Bookkeeper for Times Publishing Company
dent of the City or not,traveling of Wichita Falls
del
.art either by foot or by automobile I
or other type of conveyance,
/ C,�.I from place to place,from house Subscribed and sworn to before e this the day and year first above
iir"c j I to house,or from street to street,
•t taking or attempting to take or-.L) written.
n! s delis for sate of goods, wares, J
'0. .merchandise or personal proper-,
• tJy of any nature whatsoever(in-` / /,"Aro/ _./6-:; .....--2.• �6" 4 tickets jeLc paws.and. r -,--„,-„,_/..„_,,,,,,,-,_)
•
,,�ti .y PAT CHAMBERLAIN, Notary Public'
;�,•\' 6: :.' .-. Texas
•
a'`+as. . %•y in and for Wichita County,
1