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:
Peddler
means any individual, firm, organization, or corporation,
as well as any representative, agent, or employee thereof, who engages
in the business in the city of selling, offering for sale, or exhibiting
for sale any commodity or service from house-to-house or from place-to-place,
and who delivers the commodity or service at the time of sale.
Religious, civic, or charitable solicitation
means the seeking of support or contributions for political,
religious, charitable or civic causes, including, but without limitation,
the promotion of conservation of resources or animals, or advocating
a philosophy or religion.
Solicitor or canvasser
means any individual, firm, organization, or corporation,
as well as any representative, agent, or employee thereof, who engages
in the business in the city of taking orders for future delivery of
commodities or services, or who solicits subscriptions, orders, contributions,
or any kind of support from house-to-house or from place-to-place.
(Ordinance 07-522-10, § 1,
adopted 4/5/2007)
(a) A peddler,
solicitor, or canvasser who conducts activities on the property of
another by express prior invitation of the owner thereof is exempt
from the coverage of this article.
(b) Persons
selling or exhibiting for sale commodities, goods, merchandise or
services to persons engaged in the business of buying, selling and
dealing in the same within the city are exempt from the coverage of
this article.
(c) Persons
conducting religious, civic, or charitable solicitations are exempt
from the coverage of this article.
(Ordinance 07-522-10, § 2,
adopted 4/5/2007)
It shall be unlawful for any peddler, solicitor, or canvasser
to:
(1) Conduct
activities within the city without a valid registration certificate;
(2) Conduct
activities within the city without a valid identification card;
(3) Conduct
activities within the city without visibly displaying the identification
card;
(4) Alter
a registration certificate or identification card issued by the city;
(5) Conduct
activities within the city after the expiration of the registration
certificate;
(6) Conduct
activities within the city different from those described in the registration
statement;
(7) Provide
false, inaccurate, or misleading information in the registration statement;
(8) Use
a vehicle or vehicles in the conduct of a business or related activities
not identified in the registration statement;
(9) Conduct
a business from a location or locations within the city not listed
in the registration statement;
(10) Conduct
a business selling, offering for sale, exhibiting for sale, or taking
orders for delivery of any commodities, goods, merchandise, or services
not listed and described in the registration statement;
(11) Sell,
assign, or transfer, or attempt to sell, assign, or transfer a registration
certificate or identification card; or
(12) Conduct
activities within the city during hours other than those permitted
by this article.
(Ordinance 07-522-10, § 3,
adopted 4/5/2007)
Prior to the commencement of activities, a peddler, solicitor,
or canvasser shall complete a registration statement on a form provided
by the city secretary for that purpose, which includes the following:
(1) Name
of applicant (person who completes the registration statement).
(2) Height,
weight, sex, and hair color of the applicant.
(3) A recent
photograph of the applicant, no larger than two inches by two inches.
(4) State
sales tax identification number of the applicant.
(5) Permanent
home address and local address, if different.
(6) The
applicant's driver's license number and state of issuance. If the
applicant has no driver's license, other identification showing the
applicant's date of birth shall be provided.
(7) Name
of individual, firm, company, or organization represented, if any,
and the permanent address and local address thereof.
a. If the
applicant firm, company, or organization represented is a corporation
incorporated under the laws of the state, the applicant shall provide
a certified copy of the charter or ordinances of incorporation.
b. If the
applicant firm, company, or organization represented is a corporation
incorporated under the laws of a state other than this state, the
applicant shall provide a certified copy of its certificate of authority
to do business in this state.
(8) Description,
vehicle license number and state of registration of each vehicle,
if any, that will be operated under the registration certificate being
applied for.
(9) The
name, height, weight, sex, hair color, state sales tax identification
number, permanent home address, date of birth, and driver's license
number and state of issuance for each individual who will be conducting
activities under the registration certificate.
(10) Prior
to issuance of the registration certificate and identification cards,
each individual whose name is listed by the applicant shall present
his driver's license or other identification in person to the city
secretary for verification of the information provided by the applicant.
(11) A
recent photograph of each individual who is listed by the applicant,
no larger than two inches by two inches.
(12) A
description of the business and related activities to be conducted.
(13) A
copy of the applicant's state sales tax permit, if applicable.
(14) A
description of the commodities, goods, merchandise, or services to
be offered for sale.
(15) Location
or locations from which business and other activities will be conducted.
(16) The
term or period during which the business and activities will be conducted,
not to exceed 180 days. Upon expiration of the 180-day period, or
shorter period indicated by the applicant on the permit registration
statement, the applicant must complete a new registration statement
in accordance with the requirements of this article if renewal is
desired.
(Ordinance 07-522-10, § 4,
adopted 4/5/2007)
Every registration statement shall be accompanied by a registration
fee to be set by ordinance and located in the schedule of fees which
is on file in the city secretary's office to compensate the city for
the cost of administration of this article. A fee to be set by ordinance
and located in the schedule of fees shall be charged for replacement
of a registration certificate.
(Ordinance 07-522-10, § 5,
adopted 4/5/2007)
(a) The city secretary shall issue a registration certificate to the applicant authorizing the applicant's activities within five working days after the applicant has fully complied with all applicable provisions of this article, unless the city secretary denies the registration certificate or identification card as provided in section
34-27 hereof.
(b) The
registration certificate shall state the effective term, and the beginning
and ending dates, not to exceed 180 days. Upon expiration, the registration
certificate may be renewed upon compliance with the requirements of
this article.
(c) A registration
certificate issued under this section shall be personal to the applicant
and shall not be sold, assigned, or transferred to any other person.
Any attempted sale, assignment, or transfer of a registration certificate
identification shall be grounds for revocation of the registration
certificate.
(Ordinance 07-522-10, § 6,
adopted 4/5/2007)
(a) In conjunction with the issuance of a registration certificate required by section
34-24 hereof, the city secretary shall issue identification cards for each individual whose name is listed in the registration statement. The identification card shall be laminated in clear plastic; shall have a metal clothing clip; shall contain the photograph of the holder; and shall state the holder's name, driver's license number and state of issuance, and the height, weight, sex, and hair color of the card holder, the term of the permit, and the nature of the business and related activities. The card shall contain a conspicuous disclaimer of any endorsement by the city:
THE CITY OF BROOKSHIRE
DOES NOT ENDORSE THESE ACTIVITIES
|
(b) An identification
card issued in accordance with this section shall be personal to the
card holder and shall not be sold, assigned, or transferred to any
other person. Any attempted sale, assignment, or transfer of an identification
card shall be grounds for revocation of the registration certificate
and the identification cards issued thereunder.
(c) The
city secretary shall issue up to five identification cards with the
registration certificate without any additional charge. An applicant
may obtain additional or replacement identification cards by paying
to the city the sum to be set by ordinance by the city council and
maintained in the schedule of fees.
(Ordinance 07-522-10, § 7,
adopted 4/5/2007)
While conducting activities covered by the registration certificate,
an identification card holder shall visibly display the identification
card by clipping the identification card to the clothing of the holder,
so that the identification card is in plain view.
(Ordinance 07-522-10, § 8,
adopted 4/5/2007)
(a) The
issuance of a registration certificate or identification card may
be denied if:
(1) Any
violation of this article or other city ordinances or laws relating
to the business or related activities to be conducted under the registration
certificate applied for has been committed by any individual or individuals
who would operate under the registration certificate;
(2) False,
inaccurate, or misleading information is contained in the registration
statement;
(3) The
applicant is overdue in payment to the city of taxes, fees, fines,
or penalties assessed or imposed against him; or
(4) The
applicant fails to fully comply with applicable provisions of this
article.
(b) Denial
of a registration certificate or denial of an identification card
to any individual shall be by written notice, specifically pointing
out the reasons for the denial and the action that will be required
before a registration certificate can be issued, provided to the applicant
by mailing a copy by regular mail to the applicant's local address,
if provided, or to the permanent business or home address listed on
the registration statement and by affixing a copy of the written notice
to the registration statement on file with the city.
(Ordinance 07-522-10, § 9,
adopted 4/5/2007)
Activities conducted in accordance with this article shall be
carried out only between the hours of 8:30 a.m. and 9:00 p.m.
(Ordinance 07-522-10, § 10,
adopted 4/5/2007)
Nothing contained in this article shall be construed as permitting
any person to enter or remain on the property of another person without
the consent of such other person.
(Ordinance 07-522-10, § 11,
adopted 4/5/2007)
An applicant or other individual who has been denied a registration
certificate or identification card or who has had a registration certificate
revoked may appeal that action to the city council by submitting a
letter to the city secretary's office within ten days of the action
complained of. A hearing on the denial will be scheduled for the next
regular city council meeting. The city council will render its decision
on the appeal at the meeting during which the appeal is considered.
(Ordinance 07-522-10, § 12,
adopted 4/5/2007)
Any person who shall violate any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in section
1-13. Each day of violation shall constitute a separate offense.
(Ordinance 07-522-10, § 13,
adopted 4/5/2007)