For the purpose of this division the following definitions shall
apply:
is defined to mean a person who is employed by or who represents
a manufacturer, wholesaler, or importer who sells or exhibits goods
to parties who engage in the business of purchasing such goods for
the purpose of resale to the general public.
is defined to mean and include tangible chattels of every
kind and character.
shall mean a person or the agent, consignee, or employee
of a person, engaged in the temporary business of moving stocks of
goods or samples of goods into the city for the purpose of selling
or offering for sale or taking orders for the sale of such goods with
the intention of removing such samples or the unsold portion of such
goods away from the city before the expiration of thirty (30) days
from the date such goods were first moved into the city.
is defined to mean and include a person, or the agent, consignee,
or employee of a person, who carries goods upon a truck or other vehicle
on the streets of the city for the purpose of exhibiting, selling,
or offering for sale such goods from such truck or other vehicle or
who within the city goes from door to door of residences, offices
or places of business to display, sell, offer for sale, or take orders
for the sale of goods or to exhibit brochures, sales literature or
price lists for the purpose of taking orders for the sale of goods.
is defined to mean an individual natural person, whether
residing within or without the city limits, and does not include any
corporation, firm, association, partnership or joint venture.
shall mean any business activity which has not been conducted
for a period of not less than thirty (30) consecutive days within
the City of Lubbock.
is defined to mean and include a person, or the agent, consignee
or employee of a person, who within the city engages in the temporary
business of exhibiting, delivering, selling or offering for sale any
goods or exhibiting brochures, sales literature, or price lists for
the purpose of taking orders for the sale of goods.
(1983 Code, sec. 20-16(b); Ordinance 8639, sec. 1, adopted 7/26/1984)
Before any person, whether residing within or without the city limits, engages in the activity of a peddler, itinerant merchant, or transient vendor within the City of Lubbock, such person shall first obtain from the city manager or his designated representative a license to engage in such activity. Any such license granted to any person is issued with the express provision that the licensee shall not make any false or fraudulent representation as to the goods to be sold or his authority to sell such goods. A separate license and application shall be required for each person who engages in the activities described in the term “itinerant merchant,” “peddler” or “transient vendor” in section 8.12.031, including each employee, agent or consignee who engages in such activity.
(1983 Code, sec. 20-16(a); Ordinance 8639, sec. 1, adopted 7/26/1984)
This division shall not apply to any of the following:
(1)
Commercial
travelers;
(2)
Sales
or exhibits at fairs, rodeos, conventions, or events sponsored by
one or more city civic organizations, schools, churches, the Chamber
of Commerce or the City of Lubbock;
(3)
Charitable
solicitation;
(4)
Newspaper
delivery persons;
(5)
Persons
offering food or beverage samples in food stores; (6) Garage sales
conducted by owners of private residences.
(1983 Code, sec. 20-16(c); Ordinance 8639, sec. 1, adopted 7/26/1984)
The police department of the City of Lubbock shall enforce this
division.
(1983 Code, sec. 20-21; Ordinance 8639, sec. 1, adopted 7/26/1984)
(b)
It
shall be unlawful for the holder of any license issued under this
division to enter upon the land or premises of another after receiving,
immediately before such entry, notice from the owner, resident, occupant
or adult person acting for such person exercising possession that
such entry is forbidden; further, it shall be unlawful for any such
license holder to remain on the premises of another after receiving
notice from the owner, resident, occupant or adult person acting for
such person exercising possession to depart such premises.
(c)
A
violation shall constitute a misdemeanor and, upon conviction thereof,
punishable by a fine not to exceed two hundred dollars ($200.00).
(1983 Code, sec. 20-25; Ordinance 8639, sec. 1, adopted 7/26/1984)
(a)
Application
for a license required hereunder shall be made by the persons requesting
such license upon forms available in the office of the city manager
or his designated representative. Such application form shall provide
a space for the following information which must be furnished by the
applicant:
(1)
The name, address, and occupation of the applicant;
(2)
The social security number and birth date of the applicant;
(3)
A valid state driver’s license or other positive identification
issued to the applicant by a governmental agency;
(4)
A description of the goods to be sold, including brand name if any;
(5)
The address of the location from which such goods shall be displayed
to the public or offered for sale or a statement that such requirement
is inapplicable because applicant is a peddler who proposes either
to carry goods upon a truck or other vehicle on the streets of the
city for the purpose of exhibiting, selling or offering for sale such
goods from such truck or other vehicle or to go from door to door
of residences, offices or places of business to conduct his business
activities;
(6)
The name, address and phone number of the owner of the property at
such location or a statement that such requirement is inapplicable;
(7)
Such other information as may be required to complete an investigation
as to the fitness of the applicant to conduct such business operation.
(b)
Each
person making application for a license required hereunder shall swear
or affirm that the information given on the application form is true
and accurate.
(c)
If
the applicant proposes to display goods to the public or to offer
such goods for sale from a designated location, such applicant’s
application form hereunder shall be accompanied by a written permit
signed by the owner or the duly authorized agent of the owner of the
property at the location from which the applicant proposes to display
or to offer for sale any goods. Such permit shall state that said
owner consents that the applicant may use and occupy such property
for the purpose of selling or offering for sale such goods.
(d)
Each
application form for a license required hereunder shall bear the signature
of the zoning and environmental control administrator of the City
of Lubbock or his designated representative indicating that the property
from which the applicant proposes to display or to offer for sale
any goods is situated in a zone wherein such activity is a permitted
use or that such requirement is inapplicable.
(e)
Each
application form for a license required hereunder shall bear the signature
of the building official of the City of Lubbock or his designated
representative indicating that applicant’s proposed use of property
complies with the occupancy requirements of the City of Lubbock building
codes or that such requirement is inapplicable.
(f)
Each
applicant who proposes to sell or offer for sale goods consisting
of any raw, cooked, or processed edible substance, ice, beverage,
or ingredient used or intended for use or for sale in whole or in
part for human consumption shall secure on the application form for
a license hereunder the signature of the public health administrator
of the City of Lubbock indicating that such goods meet minimum food
standards of the city health code.
(g)
If
state statute requires that sales tax must be paid upon the purchases
of such goods as the applicant proposes to offer for sale, the application
for a license shall be accompanied by a valid sales tax permit issued
by the office of the comptroller of public accounts of the State of
Texas.
(1983 Code, sec. 20-16(d)–(j); Ordinance 8639, sec. 1, adopted 7/26/1984)
(a)
Each
application for a license required hereunder shall be approved by
the chief of police or his authorized representative before such license
is granted. The chief of police shall have a reasonable time to conduct
an investigation of an applicant for such license, but such an investigation
shall not be longer than three (3) business days. After inspection
or investigation, the chief of police shall either approve or disapprove
the application for the license and if disapproved shall give the
applicant, upon request, a written statement setting forth the reasons
for such disapproval and notifying said applicant of his right to
appeal.
(b)
Upon
approval of the license and prior to issuance, each applicant shall
be required to secure photo identification from a designated city
representative.
(1983 Code, sec. 20-16(k), (l); Ordinance 8639, sec. 1, adopted 7/26/1984)
A license issued under the provisions of this division shall
state the name and residence of the person to whom it is issued and
the location from which such person is licensed to conduct the business
operation authorized by such license or the fact that the licensee
is a peddler who is authorized to carry goods upon a truck or other
vehicle on the streets of the city for the purpose of exhibiting,
selling or offering for sale such goods from such truck or other vehicle
or to go from door to door of residences, offices, or places of business
to display, sell, offer for sale or take orders for the sale of goods
or to exhibit brochures, sales literature, or price lists of goods.
Each such license shall be officially signed by the city manager or
by his designated representative with an appropriate seal of office
affixed. The city manager or his designated representative shall keep
a record of each such license issued and a record of each such license
shall be filed with the city secretary.
(1983 Code, sec. 20-17; Ordinance 8639, sec. 1, adopted 7/26/1984)
Any person who is required to obtain a license by the provisions
of this division may apply for a thirty-day license. When a thirty-day
license is issued to any such person, such licensee shall pay to the
city manager or to his designated representative a license fee of
fifty dollars ($50.00), which sum shall be used to defray part of
the expense of administration and enforcement of this division. No
license issued under the provisions of this division shall be issued
for a longer period than thirty (30) days. Such license shall not
be assignable and shall not authorize more than one (1) person to
engage in the activity of peddler, itinerant merchant, or transient
vendor within the city.
(1983 Code, sec. 20-18; Ordinance 8639, sec. 1, adopted 7/26/1984)
Each licensee shall wear the photo identification required under
the provisions of this division attached to the outer clothing of
such licensee so that it is visible to any person to whom such licensee
attempts to sell goods. Any licensee must exhibit a license and the
photo identification issued under the provisions of this division,
upon demand, to the city manager or his designated representative,
to any police officer of the city or to any person to whom a sales
or solicitation is attempted to be made. In addition to the exhibiting
of the license and the photo identification, any licensee must also
exhibit upon demand identification of and authorization from the company
represented by such licensee.
(1983 Code, sec. 20-19; Ordinance 8639, sec. 1, adopted 7/26/1984)
Any person required to obtain a license under the provisions
of this division shall furnish the following information to each customer:
(1)
In
the case of food or beverage sales, a written statement of the name
and address of the manufacturer and distributor of said product, together
with a statement of what, if any, warranties are applicable to the
product.
(2)
In
the case of all other products, except food and beverages, a written
statement of the name of the manufacturer and distributor of said
product, a written statement of where service may be obtained or the
product sold and a written statement of what, if any, warranties are
applicable to the product.
(1983 Code, sec. 20-20; Ordinance 8639, sec. 1, adopted 7/26/1984)
(a)
The chief of police, the city manager or their designated representatives may deny a license required under this division for any of the reasons in subsection (b) set forth below. The city manager or his designated representative may revoke a license issued under this division for any of the reasons in subsection (b) set forth below.
(b)
The
following reasons shall be grounds for denial or revocation of a license
required by this division:
(1)
The applicant does not present a valid state driver’s license
or other positive identification by a governmental agency;
(2)
The applicant does not complete the application form and procedure;
(3)
The applicant or the proposed activity of the applicant does not
comply with the applicable city ordinances and codes, including the
zoning ordinance, building codes and health codes;
(4)
The applicant makes false or fraudulent statements on the application
form;
(5)
The applicant or licensee is found after investigation by the chief
of police to be misrepresenting or making false statements in regard
to his authority to sell such goods;
(6)
The applicant or licensee has been convicted of an offense involving
narcotics, dangerous drugs or crimes with dangerous weapons at any
time within the preceding five-year period;
(7)
The applicant or licensee has been convicted of an offense involving
the use of force and violence upon the person of another when the
offense is designated as a felony in the State of Texas, at any time
within the preceding five-year period;
(8)
The applicant or licensee has been convicted of an offense of fraud,
misrepresentation, embezzlement, forgery, or theft when such offense
is designated as a felony in the State of Texas, at any time within
the preceding five-year period;
(9)
The applicant or licensee has been convicted in a court of proper
jurisdiction of violating this division at any time within the preceding
five-year period;
(10)
Upon recommendation from the chief of police that the license be
revoked because the conduct of the licensee or the manner in which
the licensee is conducting his business operation endangers the health
or safety of a citizen of the City of Lubbock.
(1983 Code, sec. 20-16(m), (n); Ordinance 8639, sec. 1, adopted 7/26/1984)
The license holder or applicant may appeal such denial or revocation of the license to the permit and license appeal board of the City of Lubbock in accordance with section 2.03.071 et seq. of the Code of Ordinances of the City of Lubbock.
(1983 Code, sec. 20-16(o); Ordinance 8639, sec. 1, adopted 7/26/1984)
In all cases where a person seeks to establish a new business
activity, which activity is required to be licensed by the terms of
this division, and intends to engage in such activity for more than
thirty (30) consecutive days within the city, such person shall file
with the city manager or his designated representative an application
for exemption from the provisions of this division.
(1983 Code, sec. 20-22; Ordinance 8639, sec. 1, adopted 7/26/1984)
(a)
The application for exemption provided for in section 8.12.071 of this part shall be made by the person requesting such exemption upon forms available in the office of the city manager. Such application shall provide the following information which must be furnished by each applicant:
(1)
The name, address and proposed occupation of the applicant;
(2)
The social security number and birth date of the applicant;
(3)
A valid state driver’s license or other positive identification
issued to the applicant by a governmental agency;
(4)
A brief description of the type of business activity the applicant
intends to engage in;
(5)
Any other relevant information which tends to show that the applicant
will be engaged in such business activity for a period in excess of
thirty (30) consecutive days within the city. By way of illustration
only and not by way of exclusion, the following matters may be submitted
for consideration by the city manager in determining whether the exemption
should be granted:
(A)
Whether application has been made to have the applicant’s permanent
phone number listed in the Lubbock telephone directory;
(B)
Whether the applicant has policies of liability insurance which cover
the applicant’s activities within the City of Lubbock for a
period of time in excess of thirty (30) consecutive days from the
date of this application;
(C)
Whether the applicant has placed advertising with any of the following
media:
(D)
Whether the applicant has policies of property insurance which policies
insure the goods or wares offered to the public by the applicant within
the City of Lubbock for a period of time in excess of thirty (30)
consecutive days from the date of this application.
(b)
Each
person making application for exemption from the provisions of this
division shall swear or affirm that the information given on the application
for exemption is true and correct.
(1983 Code, sec. 20-23; Ordinance 8639, sec. 1, adopted 7/26/1984)
(a)
The
city manager shall review each application for exemption from this
division filed in his office and shall within fifteen (15) days of
such filing either approve the application or deny same.
(b)
In
each case where the city manager has approved the application, he
shall mark “approved” upon the face of the application,
date and sign said approval and keep the original of such application
in his office returning an approved copy to the applicant.
(c)
In
each case where the city manager disapproves the application, he shall
mark “disapproved” upon the face of the application, date
and sign said disapproval, keeping the original in his office and
returning a copy marked “disapproved” to the applicant.
(d)
In each case where an application has been disapproved by the city manager, the applicant may appeal such decision to the permit and license appeal board of the City of Lubbock in accordance with section 2.03.071 et seq. of the Code of Ordinances of the City of Lubbock. The appeal taken under this provision must be filed with the board within ten (10) days of the date of disapproval by the city manager.
(e)
In
each case where the permit and license appeal board upholds the decision
of the city manager in disapproving an application, the applicant
shall within three (3) days of the date of such decision apply for
a license as required by this division or be subject to the penalty
set forth.
(1983 Code, sec. 20-24; Ordinance 8639, sec. 1, adopted 7/26/1984)
