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O-92-2568 - 3/12/1992ORDINANCE NO. 5&g' AN ORDINANCE AMENDING CHAPTER 4, CODE OR ORDINANCES, 1990 EDITION, CITY OF ROUND ROCK, TEXAS BY AMENDING SECTION 4.200 BY REQUIRING ALL PEDDLERS AND SOLICITORS TO FILE A LICENSE APPLICATION WITH THE ROUND ROCK POLICE DEPARTMENT; BY AMENDING SUB -SECTION 4.206 REGARDING LICENSE FEES; BY DELETING ALL REFERENCES TO CITY SECRETARY AND SUBSTITUTING POLICE DEPARTMENT; BY DELETING SUBSECTION 4.210(4) IN FULL; BY AMENDING SECTION 4.214 REGARDING TRANSFERABILITY OF LICENSES; AND BY DELETING SECTION 4.217 IN FULL; PROVIDING A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Chapter 4, Section 4.203, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.203 UNLAWFUL TO SOLICIT WITHOUT LICENSE It shall hereafter be unlawful for any person or persons to act as a Solicitor, Peddler, or Advertising and Magazine Vendor under the definitions given above without having first applied for and obtained a license to do so from the Chief of Police. It shall also hereafter be unlawful to sell and solicit in the City of Round Rock without carrying such license while engaged in such soliciting or selling. II. That Chapter 4, Section 4.204, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.204 WRITTEN APPLICATION REQUIRED Any person desiring to act as a Solicitor, Peddler, or Advertising and Magazine Vendor in the City, shall make written application to the Chief of Police between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday for a license to do so. Said application shall show the name and address of the applicant, the name and address of the person, firm, or corporation, if any, that he or she represents and the types of goods offered for sale, and whether such applicant, upon any such sale or order shall demand, accept or receive payment or deposit of money in advance of final delivery. ORLICEN#2 III. That Chapter 4, Section 4.206, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.206 LICENSE FEE The license fee for a Solicitor, Peddler, or Advertising and Magazine Vendor shall be twenty dollars ($20.00); provided, however, that when any person, firm, company, partnership, corporation, or association engages in any activity mentioned in subsection 4.201 hereof through one (1) or more agents or employees, such person, firm, company, partnership, corporation, or association shall, in addition to said twenty dollar ($20.00) fee above mentioned, pay a license fee of twenty dollars ($20.00) for each agent or employee so engaged, all of which licenses shall be valid for six (6) months from the date of their issuance. The fees herein provided for shall be used for the purpose of defraying expenses incident to the issuing of said licenses. IV. That Chapter 4, Section 4.208, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.208 REGISTRATION OF PERSONS ENGAGED IN INTERSTATE COMMERCE The provisions of this section pertaining to licenses, 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 place to place in the City, without having first registered with the Chief of Police, giving the following information: (1) Name, age, height, color of hair, race, sex, weight, and color of eyes. (2) Permanent home address of the individual and 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. (3) Nature of the business that the Solicitor, Peddler, or Advertising and Magazine Vendor, wishes to engage in along with the list of the articles and things which are to be sold or for which orders are to be solicited. 2. (4) Whether registrant, upon sale or order, shall demand or receive or accept payment or deposit of money in advance of final delivery. (5) Period of time which registrant wishes to solicit or sell in said city. (6) The year, model and name of vehicle to be used, if any, including the color and license number thereof. The registrant at the time of the registration, as herein provided for, shall submit for inspection of the Chief of Police written proof of his identity which may be in the form of an automobile operator's license and 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. V. That Chapter 4, Section 4.210, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows. 4.210 USE OF PUBLIC PROPERTY RESTRICTED No Peddler, Solicitor, or Advertising or Magazine Vendor as herein defined, whether licensed or not shall: (1) Have exclusive right to any location in the public streets or right-of-ways. (2) Be permitted a stationary location on the public streets or right-of-ways. (3) Be permitted to operate in any congested area where his operations might impede or inconvenience the public. VI. That Chapter 4, Section 4.212, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.212 BOND PAYABLE TO CITY The bond required by subsection 4.205 shall be payable in Round Rock, Williamson County, Texas, to the City of Round Rock, for the benefit of any person legally entitled to recover thereon. Such bond shall provide that any person for whose benefit the same is made, may sue thereon in his own right, without joining the City and successive recoveries may be had thereon to the full extent of the amount named therein and herein prescribed and that 3. it shall remain in full force and effect for the entire duration of the license. VII. That Chapter 4, Section 4.213, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.213 WHEN CHIEF OF POLICE SHALL REFUSE TO ISSUE LICENSE If the Solicitor, Peddler or Advertising and Magazine Vendor refuses to abide by any of the terms and requirements set forth in this section, then the Chief of Police shall refuse to issue the license. VIII. That Chapter 4, Section 4.214, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.214 TRANSFERABILITY OF LICENSE No license issued under this Section shall be transferable unless the transfer is to a person employed by the same person, firm, or corporation which was initially issued the license. Any license transfer must be approved by the Chief of Police, who, before approval of the transfer, may require new information to be provided on the transferee. IX. That Chapter 4, Section 4.215, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby amended as follows: 4.215 CHIEF OF POLICE TO KEEP RECORD OF LICENSES AND CARDS The Chief of Police shall keep a permanent record of all licenses issued. This record shall be open for inspection at all reasonable hours. X. That Chapter 4, Section 4.217, Code of Ordinances, 1990 Edition, City of Round Rock, Texas is hereby repealed. 4.217 (REPEALED) 4. xI. A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. READ and APPROVED on first reading this the ( r day of READ, , 1992. APPROVED and ADOPTED on second reading this the /� day of ATTEST: NE LAND, City Secretary 7///4 MIKE ROBINSON, Mayor City of Round Rock, Texas 5. DATE: March 10, 1992 SUBJECT: City Council Meeting, March 12, 1992 ITEM: 8.A. Consider an ordinance amending the Solicitor's Ordinance. (Second Reading) STAFF RESOURCE PERSON: Wes Wolff STAFF RECOMMENDATION: The Solicitor and Peddlers Ordinance was originally adopted in 1974 and was revised in 1983. Staff recommends that the Council consider several changes in order to make the ordinance current. The Ordinance designates the City Secretary issue the necessary licenses and administer the ordinance but the Police Department is the department that actually performs these duties. Staff recommends this be changed to reflect the way we currently operate. Section 4.204 does not require the solicitor to apply in person. Staff recommended the application should be made in person. Section 4.206 requires a license fee of $10.00 for the agency or business plus $10.00 per individual. Staff recommended charging only $20.00 per individual. Section 4.210(4) prohibits the sale of any goods from any vehicle. Staff recommended eliminating this section because it does not allow an ice cream or snowcone truck from operating in the City. Section 4.214 states licenses cannot be transferred. Staff recommended the allowance of transfer of a license at the request of the agent and approved by the Police Department. Wolff noted many companies use high school and/or college students and the turnover is numerous. This will allow the license to be transferred but keep the same expiration date. Section 4.217 requires ID cards be issued to each individual. This is a duplicated effort since all ID information is contained on the individual license. Staff recommended eliminating this Section.