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O-74-252 - 2/7/1974ORDINANCE NO 252 SOLICITORS AND PEDDLERS ORDINANCE AN ORDINANCE DEFINING AND REGULARING ITINERANT MERCHANTS, ITINERANT VENDORS, PEDDLERS, SOLICITORS AND PERSONS TAKING ORDERS FOR OR OFFERING FOR SALE, GOODS, WARES, MERCHANDISE, SERVICES, PHOTOGRAPHS, MAGAZINES, OR SUB- SCRIPTIONS TO MAGAZINES; PROVIDING FOR A LICENSE AND LICENSE FEE; PROHIBITING, SELLING OR SOLICITING WITHOUT THEN CARRYING SUCH LICENSE WHILE SO ENGAGED; REQUIRING SUCH PERSON OR PERSONS TO MAKE APPLICATION FOR LICENSE, THEREIN MAKING FULL DISCLOSURE OF ALL MATTERS PERTINENT TO SUCH ACTIVITY; REQUIRING A BOND; EXEMPTING THOSE ENGAGED IN INTERSTATE COMMERCE FROM LICENSE FEE AND BOND BUT REQUIRING SUCH PERSONS TO REGISTER WITH THE CITY CLERK AND SUBMIT ALL INFORMATION PERTINENT TO SUCH ACTIVITY; PROVIDING PENALITIES FOR THE VIOLATION OF THIS ORDINANCE, INCLUDING A FINE NOT TO EXCEED $200.00 FOR EACH OFFENSE AND DEFINING WHAT SHALL CONSTITUTE A SEPARATE OFFENSE; PROVIDING A SAVINGS CLAUSE; AND REPEALING CONFLICTING ORDINANCES OR PARTS OF ORDINANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: SECTION 1: Definitions. For the purpose of this Ordinance, the terms "Solicitor" and"Peddler" have the meanings herein ascribed: (a) Solicitor. Any individual, his agent or employee, whether resident of the city or not, traveling either by foot, wagon, automobile, motor vehicle or any other type of conveyance, from place to place, from house to house, or from street to street, taking or attempting to take orders for sale of goods, wares, and. merchandise, including food products, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, including the temporary or transit; business of soliciting, accepting, or taking orders for photographs, photograph enlargements, picture frames, or coupons or other agreements entitling any person to have a photograph taken or furnished, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or not. Such definition shall include any person who, for himself, or for another person hires, leases, uses, or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodginghouse, apartment, shop, or any other place within the city for the sole purpose of exhibiting samples and taking orders for future delivery. The term "Solicitor" shall include the term "Canvasser" and "Itinerant Solicitor;' exclusive of those persons included in subsection (c) of this section. (b) Peddler. Any person, his agent or employee whether a resident of the city or not, traveling by foot, wagon, motor vehicle, or any other type of transportation from place to place, from house to house, or from street to street, carrying, conveying or transporting goods, wares, merchandise, meats, fish, offering articles to purchasers; including photographs the taking of photographs, enlargements of photographs, picture frames, or who without traveling from place to place, shall sell or offer the same for sale from a wagon, automotive vehicle, railroad car, or other vehicle or conveyance or from any building or premises where such space is leased or rented for the purpose of exhibiting and selling such goods and wares on a temporary basis. Anyone who solicits orders and, as a separate transaction, makes deliveries to purchasers as a part of a scheme or design to evade the provisions of this chapter shall be deemed to be a Peddler. (c) Advertising and Magazine Vendor. Any person, whether a resident of the city or not, traveling by whatever means, who solicits advertising or sells or offers to sell subscriptions, contracts for any magazine, book, or periodical within the city. SECTION 2: This entire ordinance is and shall be deemed an exercise of the police power of the State of Texas, and of the City of Round Rock, Texas, for the public safety, comfort, convenience and protection of the City and Citizens of said City, and all of the provisions hereof shall be construed for the accomplishment of that purpose. SECTION 3: It shall hereafter be unlawful for any person or persons to act as a Solicitor, Peddler, or Advertising and Magazine Vendor under the definitions giveaabove without having first applied for and obtained a license to do so from the City Clerk of said City. It shall also hereafter be unlawful to sell and solicit in said City as aforesaid without carrying such license while engaged in such soliciting or selling. SECTION 4: That any person desiring to act as a Peddler or Solicitor or Advertising and Magazine Vendor in the City of Round Rock, Texas, shall make written application to the City of Round Rock, Texas for a license to do so, which 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. The application shall also state the length of time he desires to remain in the City, the year, model and type of vehicle to be used, if any, as well as the license number of said vehicle and the place the goods or property proposed to be sold by order for future delivery or manufactured or produced, where such goods or products are located at the time such application is filed and the proposed method of delivery. SECTION 5: The application mentioned in Section 4 hereof shall be accompanied by a bond in the penal sum of $500.00, signed by applicant and signed, as surety, by some surety company authorized to do business in the State of Texas, conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines in accordance with the terms of any order obtained prior to delivery and also conditioned to indemnify any and all purchasers or customers for any and all defects in material or workmanship that may exist in the article sold by the principal of said bond, at the time of delivery and that may be discovered by such purchaser or customer within thirty (30) days after delivery, or by said person acting in any capacity as Solicitor, Peddler or Advertising and Magazine Vendor, and which bond shall be for the use and benefit of all persons, firms or corporations that may make any purchase:_ or. give any order to the principal on said bond, or to an agent or employee of the principal. Provided that in case the applicant ship, corporation, activity mentioned is a person, firm, company, partner- or association engaging in any in Section 1 hereof through one or more agents or employees, such persons, firm, company, partnership, corporation, or association shall be required to enter into only one bond, in the sum of $500.00 as above required, which bond shall be made to cover the activities of all its agents or employees. SECTION 7: That the license fee for a Peddler, Solicitor, or Advertising and Magazine Vendor shall be $10.00 provided, however, that when any person, firm, company, partnership, corporation, or association engages in any activity mentioned in Section 1 hereof through one or more agents or employees, such person, firm, company, partnership, corporation, or association shall, in addition to said $10.00 fee above mentioned, pay a license fee of $10.00 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 in- cident to the issuing of said licenses. SECTION 8: The provisions of this Ordinance shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors of farm or dairy products. SECTION 9: The provisions of Sections 5,26 and 7 of this Ordinance, 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 of Round Rock, Texas, without having first registered with the City Clerk of said City, giving the following information: a. Name, age, height, color of hair, race, sex, Weight, color of eyes. b. Permanent home address of the individual and name and address of the person, firm or corpora- tion, if any, that he or she represents or for whom or through whom orders are to be solicited or cleared. c. Nature of the business that the Peddler, etc., wishes to engage in along with the list of the list of the articles and things which are to be sold or for which orders are to be solicited. d. Whether registrant, upon sale or order, shall demand or receive or accept payment or deposit of money in advance of final delivery. e. Period of time which registrant wishes to solicit or sell in said City. f. 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 City Clerk written proof of his identity which may be in the form of an automobile operator's license, 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. The term "Interstate Commerce" means soliciting, selling or taking orders for or offering to take orders for any goods, wares, merchandise, photographs or magazines, or sub- scriptions to magazines, or acting in any function as Solicitor, Peddler or Advertising and Magazine Vendor as the terms are used in this Ordinance, which, at the time the order is taken, are in or will be produced in any Federal District or Territory, any commonwealth, or any state other than the State of Texas, and shipped or introduced into this City in the fulfillment of such orders. SECTION 10: Any person, firm or corporation, violating any provisions of this Ordinance or failing to observe any provisions hereof, shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed $200.00 and each and every day or fraction of a day during which this Ordinance, or any part thereof, shall be violated, shall be deemed a separate offense and punishable as such. SECTION 11: In addition to the hereinabove provisions set forth in this Ordinance, Peddlers, Solicitors or Advertising and Magazine Vendors shall be subject to the following special provisions: (a) No Peddler, Solicitor, Advertising or Magazine Vendors, nor any persons in his behalf, shall shout, make any outcry, blow a horn, ring a bell or use any sound device, including any loudspeaking radio or sound amplifying system upon any of the streets, alleys, parks or other places of the city or upon any private premises in the City where sound of sufficient volume is emitted, or pro- duced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks, or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. (b) 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. (2) Be permitted a stationary location onthe public streets. (3) Be permitted to operate in any congested area where his operations might impede or inconvenience the public. (4) Be permitted to demonstrate, sell or offer to sale any goods, ares or merchandise from any vehicle upon any street or highway within the city limits. SECTION 12: It shall be the duty of any police officer of the City: (a) To require any person seen soliciting, peddling or vending advertisements or magazines, and who isnot known by such officer to be duly licensed, to produce his license. (b) To enforce the provisions of this Ordinance against any person found to be violating the same. SECTION 13: The bond required by Section 5 shall be payable in Round Rock, Williamson County, Texas, to the Mayor of said City, his successors in office, 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 Mayor or the City and successive recoveries may be had thereon to the full extent of the amount named therein and herein prescribed and that it shall remain in full force and effect for the entire duration of the license. SECTION 14: If the Solicitor, Peddler or Advertising and Magazine Vendor refuses to abide by any of the terms and require- ments set forth in this Ordinance, then the City Secretary shall refuse to issue the license. SECTION 15: No license or card issued under this Ordinance shall be transferable or assignable. The license and card issued under this Ordinance shall be inscribed in red letters: "Not Transferable" and in the case of advertising and magazine vendors only, shall be inscribed in red letters, "Not Good on a Street or in a Public Place". SECTION 16: The City Clerk shall keep a permanent record of all licenses and identification cards issued. This record shall be open for inspection at all reasonable hours. SECTION 17: Each applicant having a license issued under the pro- visions of this Ordinance shall keep the same prominently displayed at all times upon the person, vehicle, premises or place where the business authorized thereunder is being conducted or carried on. SECTION 18: The identification card shall contain the signature of the applicant and shall show the name, address and a general description of the applicant. SECTION 19: Identification cards and licenses issued under the provisions of this Ordinance may be revoked by a Board consisting of the Mayor, Chief of Police, City Manager and City Clerk after notice and hearing, for any of the following causes: (a) Fraud, misrepresentation, or false statement contained in the application. (b) Fraud, misrepresentation, or false statement made in the course of carrying on the business of solictbr, peddler or advertising or magazine vendor. (c) Any violation of this Ordinance. (d) Conviction of any crime or misdemeanor involving moral turpitude within the City. (e) Soliciting, peddling or vending advertising or magazine in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or welfare of the public. SECTION 20: Notice of the hearing provided in Section 19 for revocation of a license or identification card shall be given in writing setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed postage prepaid to the licensee at his last known address, or delivered to him in person if possible. SECTION 21: The revocation of any license for violation of any pro- vision of this Ordinance shall not preclude a criminal prosecution for such violation. SECTION 22: Any solicitor, peddler or advertising or magazine vendor aggrieved by the action of the City Manager or the City Clerk in the denial of an application for identifica- tion card or license as provided in Section 4 or in the decision with reference to the revocation of the identifica- tion card or license as provided in Section 19, shall have the right of appeal to the City Council. SECTION 23: Such appeal shall be taken by filing a petition with the City Council within fourteen days after notice of the action complained of has been mailed to such person's last known address, or personally served with notice. The petition shall contain a written statement setting forth fully the grounds for appeal. SECTION 24: The City Secretary shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the appellant in the same manner as provided in Section 20 hereof for notice of hearing on revocation. The decision and order of the City Council on such appeal shall be final and conclusive. SECTION 25: Each and every provision, paragraph, sentence and clause of this Ordinance has been separately considered and passed by, the city Council of the City of Round Rock, and each said provision would have been separately passed without any other provision, and if any provision hereof should be ineffective, invalid or unconstitutional for any cause, it shall not impair, nor affect the remaining portion, nor any other part thereof, but the valid portion shall be enforced just as if it had been passed alone, and all ordinances and parts of ordinances in conflict here- with are hereby repealed. SECTION 26: That any Solicitor, Peddler, or Advertising and Magazine Vendor, as the terms are used in this Ordinance shall be held to be any person, firm, company, partner- ship, corporation, or association engaged in any activity mentioned in Section 1 hereof. READ, PASSED AND ADOPTED this the 7 day of February, 1974. ' RAYLITTON, MAYOR CITY OF ROUND ROCK,TEXAS ATTEST: