Means an individual, corporation, trust, partnership, organization,
association or any other legal entity.
Means the time of day published on the weather page of the
Lewisville News, the Dallas Morning News, or the Denton Record Chronicle
newspapers or time recorded by any radio station or television weather
station or department which keeps a daily record of the time of sunset
as the time for sunset on that day in the town.
(Ordinance 30.5 adopted 10/17/94; Ordinance adopting Code)
It shall be unlawful for any person to peddle, hawk, sell, solicit,
take orders for, or offer to take orders for, any services, wares,
merchandise or goods, including magazines or photographs, on the streets
and sidewalks, from a motor vehicle, from any non-permanent building
structure set up on any lot, tract, or parcel of land, or from door
to door within the town without having first obtained a permit thereof
from the town. A permit shall be required for each individual person,
whether acting alone or working for another individual or business,
who solicits within the town. Solicitation under this article shall
not include a sale made pursuant to a preexisting revolving charge
account or retail charge agreement, or a sale made pursuant to prior
negotiations between the parties at a business establishment at a
fixed location where goods or services are offered or exhibited for
sale; a garage sale at a private residence; or a sale of realty in
which transaction to purchaser is represented by a licensed attorney
or which a transaction is being negotiated by a licensed real estate
broker.
(Ordinance 30.5 adopted 10/17/94)
(a)
It shall
be unlawful for any person who peddles, hawks, sells, solicits, take
orders for or offers to take orders for, any services, wares, merchandise
or goods, including magazines or photographs, from door to door within
the town to place a printed order sheet on a door which fails to include
his name and phone number on the order sheet.
(b)
It shall
be unlawful for any person to peddle, hawk, sell, solicit, take orders
for, or offer to take orders for any services, wares, merchandise,
goods, including magazines or photographs, from a motor vehicle, or
distribute products or disseminate material on any public street and
highway, intersection, sidewalks, or other location within the town
if such action creates a traffic or safety hazard or congestion at
said location.
(Ordinance 30.5 adopted 10/17/94)
Each application for permit required by this article shall be
in writing, under oath, and containing the following information:
(1)
The name
and permanent address of the applicant;
(2)
The date
of birth, social security number and driver's license number of the
applicant;
(3)
A specific
description of the business in which the applicant desires to engage
and for which the permit is desired;
(4)
A full
and complete description of the kind, type or character of goods or
services the applicant proposes to offer for sale;
(5)
Whether
the applicant, upon any sale or order shall demand, accept or receive
payment or deposit of money in advance of final delivery or rendition
of the merchandise or services sold;
(6)
The names,
residents, and post office addresses and telephone numbers of three
(3) individuals who will act as a character and business references
for the applicant and will provide such information concerning the
applicant as may be requested by the town;
(7)
The number
of solicitations to be conducted by the applicant during the period
of the permit;
(8)
The names
of any cities where applicant has been permitted or has solicited
orders during the preceding three (3) months;
(9)
Whether
or not applicant has ever been convicted of a felony or a misdemeanor
involving moral turpitude;
(10)
If vehicles
are to be used in the furtherance of the applicant's solicitation,
applicant must furnish a description of the vehicles and their license
numbers and furnish proof that he carries sufficient liability insurance
to comply with state laws, with the provision that the town shall
be notified if such insurance is allowed to lapse;
(11)
If the
applicant is an individual and a juvenile under the age of eighteen
(18), the applicant shall identify the adult responsible for his actions
and provide the name, address, social security number, and driver's
license number of such responsible adult;
(12)
If the
applicant is an individual, there shall be attached to the application
a recent photographic likeness of the applicant;
(13)
If the
applicant is an individual, the applicant shall provide proof that
he has a driver's license and proof of his date of birth either by
providing a Department of Public Safety identification card or a birth
certificate;
(14)
If the
applicant is the agent of another, the name, addresses and telephone
number of the applicant's principal and the attachment of credentials
issued by the principal to the applicant which set forth the extent
of the applicant's authority to act for and bind the principal;
(15)
If the
applicant is a partnership, association or joint venture, the full
names, addresses and telephone numbers of all partners, associates
or joint venturers;
(16)
If the
applicant is a corporation, the state and date of incorporation, the
principal place of business, the name and addresses and telephone
numbers of its offices, and, if the applicant is a foreign corporation,
whether it has a permit to do business in the State of Texas.
(17)
If the
applicant is an organization or association made up of individuals
under the age of eighteen (18), the names of the individuals in the
group shall be set forth and the name, address, social security number
and driver's license number of the adult responsible for the organization
shall be given.
(Ordinance 30.5 adopted 10/17/94)
Each and every person seeking a permit under the provisions
of this article shall pay a fee as set forth in the fee schedule in
the appendix of this code per year for investigation of such application.
Such fee shall be compensation to the town for the services herein
required of it and to enable the town to partially defray the expenses
of investigation, surveillance and enforcement of the provisions of
this article. Such fee shall not be prorated, and shall not be returned
to the applicant regardless of whether or not such permit is issued
or denied. If the applicant is a corporation, partnership, association,
joint venture or is an individual having more than one agent engaging
in any of the activities set forth in this article on behalf of the
individual applicant, (the "business entity"), a fee as set forth
in the fee schedule in the appendix of this code shall be charged
for the registration of the business entity and a fee as set forth
in the fee schedule in the appendix of this code shall be required
for each agent of the "business entity."
(Ordinance 30.5 adopted 10/17/94)
(a)
The chief
of police or his designated representative shall investigate the business
entity and the personal history of each person required to have a
permit relative to the information furnished in the permit application
and developed by the investigation.
(b)
The city
secretary is hereby authorized to review the applications of students
who are under the age of Sixteen (16), enrolled full-time in an educational
facility, who reside in the Town of Double Oak, Texas, and the application
is for a non-profit organization.
(Ordinance 30.5 adopted 10/17/94)
(a)
It shall
be the duty of the chief of police to issue or refuse to issue such
permit within seven (7) days from the time the application therefor
is received. The permit required hereby shall be issued for a period
of one (1) year from the date of issuance. The permit will not be
issued if:
(1)
The
applicant has been convicted of a felony or misdemeanor involving
moral turpitude;
(2)
If
the applicant has a suspended driver's license and the applicant will
be operating a motor vehicle to, within, or from the area in which
he or she will be soliciting; or
(3)
Any
false statements made in the permit application.
(b)
The city
secretary is authorized to issue permits to students who are under
the age of Sixteen (16), enrolled full-time in an educational facility,
who reside in the Town of Double Oak, Texas, and the application is
for a non-profit organization.
(Ordinance 30.5 adopted 10/17/94)
If the chief of police refuses or fails to issue a permit as
required by this article, he shall so advise the applicant in writing
at the address shown by the applicant in his application, and the
applicant shall have a period of ten (10) days from the mailing of
such letter by the chief of police to appeal the chief's decision
to the town council. In the event of appeal, the town council shall
schedule the same for hearing at the next available time on its agenda.
The town council may affirm the decision of the chief of police, modify
the decision, or reverse the decision and direct the issuance of the
permit.
(Ordinance 30.5 adopted 10/17/94)
Any permit issued under this article shall be automatically
revoked and canceled upon the applicant's conviction of a felony or
a crime involving moral turpitude. If, after the permit required by
this article has been issued, the chief of police finds that the permit
was obtained by false representation or that the applicant's drivers
license has been suspended, the permit will be revoked by the chief
of police. The chief of police may also revoke a permit upon finding
that the applicant or his duly authorized agent has violated any of
the provisions of this article. Such findings shall be based upon
a final conviction of a violation of this article in the municipal
court or in the county court in the event such conviction in the municipal
court is appealed. In the event a permit is revoked due to the entry
of a final conviction against the applicant or his duly authorized
agent for violating this article, no permit shall thereafter be issued
to such applicant for a period of twelve (12) months after the date
of revocation. Revocation of any permit, for whatever cause, shall
automatically revoke the permit of all agents of such applicant.
(Ordinance 30.5 adopted 10/17/94)
It shall be unlawful for any person to peddle, hawk, sell, solicit,
take orders for, or offer to take orders for, any services, wares,
merchandise or goods, including magazines or photographs, without
carrying on his person the permit required by this article.
(Ordinance 30.5 adopted 10/17/94)
The hours permitted for solicitation are between 9:00 a.m. and
sunset Monday through Saturday. These hours of solicitation do not
apply to a door to door solicitation if it results from a request
or an appointment made by the resident of the home or to any solicitation
if special permission has been granted to the solicitor by the town
council.
(Ordinance 30.5 adopted 10/17/94)
It shall be the duty of any police officer of the town to require
any person seen soliciting, selling or peddling, and who is not known
by such officer to be duly licensed, to produce his permit and to
enforce the provisions of this article against any person found to
be violating the same.
(Ordinance 30.5 adopted 10/17/94)
It shall be unlawful for any solicitor, peddler, hawker, itinerant
merchant or vendor who enters upon premises owned or leased by another
to refuse willfully to leave such premises after having been notified
by the owner or possessor of the premises, or by his agent, to leave
the premises.
(Ordinance 30.5 adopted 10/17/94)
(a)
A person,
desiring that no solicitor, peddler, hawker, itinerant merchant or
vendor engage in a door to door solicitation at his residence, shall
exhibit in a conspicuous place upon or near the main entrance to the
residence, a sign, not less than three (3) inches by four (4) inches
in size containing the words "No Solicitors." The letters shall not
be less than two-thirds (2/3) of an inch in height.
(b)
Every
solicitor, peddler, hawker, itinerant merchant or solicitor upon going
onto any premises upon which a residence is located shall first examine
the residence to determine if any notice prohibiting soliciting is
exhibited upon or near the main entrance to the residence. If notice
prohibiting soliciting is exhibited, then it shall be unlawful for
a solicitor, peddler, hawker, itinerant merchant or vendor to go upon
the premises and ring a doorbell or rap or knock upon the door for
purposes of securing an audience with the resident so as to sell or
offer for sale any goods, services, wares or merchandise, unless the
visit is a result of a request made by the resident.
(Ordinance 30.5 adopted 10/17/94)
Non profit organizations or organizations which qualify as a
charitable organization under Section 501(c)(3), Internal Revenue
Code of 1954, as amended, shall obtain permits as required by this
article, but shall not be required to pay the permit fee required
hereby.
(Ordinance 30.5 adopted 10/17/94)
The provisions of this article shall not apply:
(1)
to public
utility companies operating under a franchise granted by the town;
(2)
to commercial
agents or drummers dealing with local business establishments in the
usual course of business;
(3)
to insurance
salesman, real estate salesman and others licensed by the State of
Texas; and
(4)
the sale
of newspapers as that term is defined by state law.
(Ordinance 30.5 adopted 10/17/94)
That any person, firm, or corporation violating any of the provisions
of this article shall be deemed guilty of a misdemeanor and, upon
conviction in the municipal court of the Town of Double Oak, Texas,
shall be subject to a fine in accordance with the general penalty
provision set forth in Section 1.109 of this code for each offense,
and each and every day said violation occurs shall constitute a separate
violation.
(Ordinance 30.5 adopted 10/17/94)
