Loading...
Ord 03-2010 1/5/2010 ORDINANCE NO. 03-2010 Ordinance of the City Council of the City of Wichita Falls, Texas, � Amending Article IV Of Chapter 26 Of The Wichita Falls Code Of Ordinances To Ensure Identity-Related Information on Itinerant , Merchants Is Registered With The City Clerk And Providing A Penalty Of Up To $500 Upon Violation WHEREAS; the City Council finds that itinerant merchants are entering the City from outside the local area, selling goods and services of questionable quality, intimidating local residents into buying such goods and services, avoiding the payment of sales taxes on such goods and services through their anonymity, and avoiding liability for their actions by retreating to their respective locales; WHEREAS; the City Council finds that mandatory registration with the City Clerk will provide the least intrusive means of ensuring that local residents and other interested entities have some recourse against fraudulent, intimidating, and untaxed actions by extraterritorial vendors; WHEREAS, the City Council finds that alternative procedures are in place to locate local auctioneers, Multi-Purpose Events Center exhibitors, and local residents and businesses who defraud and intimidate customers or fail to pay sales taxes owed on the sale of their goods and services; and WHEREAS, the City Council finds that the fee described herein is an amount that does not exceed the amount necessary to compensate the City for its cost of administering this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. Article IV of Chapter 26 is amended to read as follows: ��ARTICLE IV. ITINERANT MERCHANTS DIVISION 1. GENERALLY Sec.26-126. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Itinerant merchant means any person who engages in a temporary business of selling and delivering goods, wares, merchandise or personal property at any location on private property within the 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 e�ibition and sale of such goods, wares, merchandise or other personal property or for the purpose of securing orders for future delivery. Multiple vendor event means a show, exhibit or promotion containing at least five itinerant merchants for the purpose of engaging in temporary business at a fixed location under the sponsorship or promotion of one or more organizations. Temporary means 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. ' Sec. 26-127. Exemptions from article. This article shall not apply to: � i. an individual who is licensed by the state as an auctioneer or associate auctioneer and who complies with all applicable provisions of V.T.C.A., Occupations Code § 1802.001 et seq., or ii. an entity conducting business at the Multi-Purpose Events Center Complex, ar iii. an entity with a residence or permanent office in the territorial limits of the City of Wichita Falls. DIVISION 2. PERMIT Sec.26-156. Required. (a) It shall be unlawful for an itinerant merchant as defined in section 26-126 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 division 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.26-157. Application. (a) Any individual, firm, association or corporation desiring a permit required by this division shall make written application to the city clerk, on a form to be furnished by the city clerk. The application shall show the following: (1) full name of applicant, (2) date of birth of individual applicant or individual applying on behalf of non-individual applicant, (3) address of applicant or address of headquarters of non-individual applicant, (4) if applicant is not an individual, the state in which the entity is organized, (5) social security number or drivers' license number of individual applicant or the employer's identification number of non-individual applicant, (6) Valid copy of sales and use tax permit issued by Texas Comptroller or Certification of Exemption, (7) The occupation in which the applicant desires to engage and for which he desires a permit, (8) A full and complete description of the goods, wares, merchandise or other personal property or the services which the applicant desires to selL The description shall give in detail the grade and character of the property or services to be sold. Further description as to grade and quality, depending on the nature of the property, may be required by the City Clerk. (9) The description and license number of all vehicles to be used by the applicant, and (10) The address where the temporary business will be conducted. (b) 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. 26-158. Attachments to application. , There shall be attached to each application for a permit required by this division the following: (1) 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. (2) If the applicant is other than an individual, the applicant shall furnish to the city clerk a list containing the name and permanent address of each employee warking under the permit. (3) A reference letter or report from the Better Business Bureau or Chamber of Commerce of the county in which the applicant resides or the business is located. Sec. 26-159. Multiple vendor events. The sponsoring organization of a multiple vendor event shall complete an application as required in sections 26-157 and 26-158. In addition, the sponsoring organization shall, within three days from the completion of the event, furnish the city clerk with a complete list of the name, permanent address, t�payer number (or certification of exemption) and type of product sold by each merchant operating under the permit of the sponsoring organization. Sec. 26-160. Fees; term. (a) Each applicant for an itinerant merchant permit shall be charged a fee of $30.00, regardless of the term of the permit. Itinerant merchants having more than one location shall be charged a fee of $30.00 for each additional location. (b) Every permit shall expire on December 31 of the year in which it was issued. Sec. 26-161. Issuance. If, upon consideration, it shall appear to the City Clerk that the statements contained in the application for the permit required under this division are true and that the applicant has the right, under the laws of this state and City to engage in the requested business, then the City Clerk shall issue the permit. Sec. 26-162. Change of location. An itinerant merchant shall not be permitted to move to any location other than that which is specified in the original application without having first provided written notice to the city clerk. Sec.26-163. Contents. Each permit issued under this division shall contain the following: (1) The name and address of the applicant. (2) If an individual, a physical description of the applicant. (3) The type of permit, whether for a solicitor or itinerant merchant. (4) The date of issuance and date of expiration of the permit. Sec.26-165. Revocation. . After the permit required under this division has been issued, the permit may be revoked by the City Clerk i£ (1) The City Clerk or other city official finds that the permit was obtained by false � representation in the application. (2) It shall appear to the City Clerk that the holder of such permit has violated any city ordinance or any state law 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 the permit holder or any other person employed by the employer of the permit holder. (3) It is determined that the permit holder is guilty of fraud, misrepresentation or false statement made in the course of canying 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. 26-166. Appeals of findings of City Clerk. If the applicant for a permit required under this division or the holder of such a permit is dissatisfied with any holding or finding of the City Clerk, he shall have the right to appeal to the city council by filing a written notice of such appeal with the City Clerk within ten days from the making and filing of such decision of the City Clerk. Upon the filing of such notice of appeal, the application for the permit and all papers possessed by the City Clerk in connection with such application and the permit shall be delivered to the city council. Such matters as may be in controversy shall be heard by the city council within 30 days 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 City Clerk by this article. 2. Violations of this ordinance shall be punishable by a penalty of up to $500 and as provided by Section 1-14 of the Wichita Falls Code of Ordinances." PASSED AND APPROVED this the day of 5 day of January, 2010. MAYOR ATTEST: � � City Clerk � Affidavit of Publication THE STATE OF TEXAS #247006 , COUNTY OF WICHITA OROCNIINCE NO. �.�610 Ordinan� of the CiTy Council of The CiTy of Wichita Falis, Texas, Amending Article �v On this 21 day of January 2010 A D... Of ChapTer 26 -0f The w��n�rn Fa��S coae personall,y appeared before me the undersigned authority Of Ordinances To En- � sure IdenTity-Related Kathy Salan, Sales Assistant for the Times Publishing Information on Itin- erant Merchanis �S Company of Wichita Falls, publishers of the Wichita Falls Re9istered WiTh The viding I A k P nalty Of Times/Record News, a newspaper published at Wichita Falls in Up To $500 Upon v�o- wichita County, Texas, and upon being duly sworn by me, on lation �� oath states that the attached advertisement is a true and correct copy of advertising published in One (1) issues hereof on the following date: January 17, 2010 Sales Assistant for Times Publ shing Cc�mpany of Wichita Falls Subscribed and sworn to before me this the day and year first above written: ✓��v `""`�C...P1 �� c `\``` �1{11111111///���� �� . �RINE S '''% ,� , .. . '% ,����:�,o�i�wy'A �� ; ;` G �n : N� � ' � � � ��� \ �i�W �� !F1E�„ .•• *�. .,���� I'��1�,',\�ti�,.