0643(1)ORDINANCE NO. 643
AN ORDINANCE REQUIRING REGISTRATION OF DOOR-TO-DOOR
SOLICITORS; REQUIRING IDENTIFICATION BADGES; PROVIDING
REGULATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN
PAMPHLET FORM; PROVIDING FOR PUBLICATION IN TIlE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WltEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the city council has determined that in order to protect the privacy of
its citizens and to prevent crime, including deceptive practices, fraud, and burglary, it is
necessary to register and regulate solicitors who conduct business by going door-to-door;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
Purpose
The purpose of this ordinance is to protect the citizens against crime, including
deceptive practices, fraud, and burglary; to minimize the unwelcome disturbance of citizens
and the disruption of citizens' privacy; and to preserve the public health, safety, and general
welfare by registering and regulating solicitors.
SECTION 2.
Definitions
In this ordinance:
CITY means the city of Southlake, Texas.
CITY MANAGER means the city manager of the city or the city manager's
designated representative.
f: \files \slake\ordinanc\solicit.fn5 (124~9~96)
CITY SECRETARY means city secretary of the city or the city secretary's designated
representative.
DIRECTOR means the director of public safety of the city or the director's
designated representative.
MINOR means a person under the age of 18.
SOLICITATION ACTIVITIES means travelling either by foot or vehicle, going door-
to-door, house-to-house, building-to-building, or along any street in the city, personally
contacting occupants or other persons, selling or taking orders for or offering to sell or take
orders for goods or services for commercial purposes.
SOLICITOR means a person who engages in solicitation activities.
SECTION 3.
Registration required
A person, other than a minor, shall not engage in solicitation activities in the city
without first registering with the city and obtaining a registration certificate and identification
badge from the city secretary.
SECTION 4.
Registration for Sponsor of Minors
(a) A minor shall not engage in solicitation activities in the city except in
compliance with this section.
(b) A minor must be sponsored or employed by a person, company or
organization. A person, company, or organization that sponsors or employs one or more
minors as solicitors, shall apply for registration with the city. The sponsor shall pay a single
$10 annual registration fee. Each minor is not required to obtain an individual registration.
(c) The sponsoring person, company, or organization shall:
(1) provide to each individual minor, a badge or other easily readable form
of identification which identifies the name of the sponsor and the name of the minor;
(2) require all minors to wear the identification so that it is clearly visible
at all times when the minor is engaged in solicitation activities; and
f:\files\slake\ordinanc\solicit.fn5 (124)9-96) 2
(3) be responsible for supervising and controlling the conduct of all minors
engaging m solicitation activities under the sponsor's registration.
SECTION 5.
Application.
Except as provided in Section 4, a separate application for a solicitor's registration
is required for each solicitor. The application and registration must be made in the name
of the individual who will be soliciting. An application must be made under oath and must
contain the following information:
(a) proof of age, address, and identification of the applicant, to be provided
through the applicant's driver's license, articles of incorporation, or other legally recognized
form of identification;
(b) if the solicitor is employed by another, the name and physical business address
(not a P.O. Box) of the employer; if acting as an agent, the name, physical address (not a
P.O. Box), and telephone number of the principal who is being represented, with credentials
in written form establishing the relationship and the authority of the employee or agent to
act for the employer or principal;
(c) a brief description of the goods or services to be sold or offered for sale; and
(d) the hours and location of the solicitation activities;
(e) if the applicant has plead guilty, or nolo contendere to, or has been convicted
of, a felony, misdemeanor, or ordinance violation involving fraud, deceit, misrepresentation,
a sex offense, trafficking in controlled substances, or of any violent acts against persons or
property within five years preceding the date of application, a description of each such
conviction or plea. The description shall include the date the offense occurred, the date of
the conviction or plea, the location of the offense, the offense, and the sentence received.
(f) proof of possession of any license or permit which, under federal, state, or
local laws or regulations, the applicant is required to have in order to conduct thq proposed
business, or which, under any law or regulation, would exempt the applicant from the
registration requirements of this ordinance; and
(g) two photographs of the applicant, measuring at least 1 1/2" X 2" and showing
the head and shoulders of the applicant in a clear and distinguishing manner, which shall
have been taken within the preceding 60 days before the filing of the application.
f:\files\slal~e\ordinanc\solicit, fn5 (1249-96) 3
(h) whether the sale of goods or services by the applicant is conditioned upon
advance payments, cash deposits, or the execution of an agreement to finance the sale of
goods or services for future delivery or performance.
SECTION 6.
Bond
(a) Solicitors who require cash deposits or advance payments for future delivery
or who require an agreement to finance the sale of goods or services for future delivery, or
for services to be performed in the future, shall furnish to the city a bond with the
application in the amount determined in Subsection (c), signed by the applicant and a surety
company authorized to do business in Texas, conditioned:
(1) upon the final delivery of goods or services in accordance with the terms
of any order obtained; and
(2) to indemnify purchasers for defects in material or workmanship that
may exist in the goods sold and that are discovered within 30 days after delivery;
(3) for the use and benefit of persons, firms, or corporations that may make
a purchase or give an order to the principal of the bond or to the agent or employee of the
principal of the bond.
(b) If the applicant is a person, firm, or corporation engaging in solicitation
activities through one or more agents or employees, only one bond is required for the
activities of all the agent or employee solicitors.
(c) The amount of the bond is determined by the number of solicitors acting as
agents or employees of the same person, firm, or corporation as follows:
1-3 solicitors $ 500
4-6 solicitors 750
7 or more solicitors 1000
SECTION 7.
Fees and Duration
(a) An applicant for registration shall pay an annual fee of $10 for each solicitor.
A solicitation registration is valid for one year.
fi \files\slake\ordinanc\solicit .fn5 (124)9-96) 4
(b) A nonprofit organization which is exempt from the payment of taxes under
Section 501(c) of the Internal Revenue Code is exempt from the payment of the annual
registration fee.
(c) The city secretary or director may, upon application, exempt any person,
company or organization from the payment of the annual registration fee if the city secretary
or director finds that the payment of the fee would cause an undue financial hardship or
would unduly infringe upon the person's, company's or organization's ability to conduct
solicitation activities.
SECTION 8.
Application Review and Registration Acceptance
(a) Upon receipt of an application, the city secretary or the director shall review
the application to ensure compliance with this ordinance.
(b) If the city secretary finds the application to be properly completed and that
the applicant has met all the requirements of this ordinance, the city secretary shall
authorize registration.
SECTION 9.
Registration certificate and identification badge
(a) Upon authorization of the registration and payment of the fee, the city
secretary shall deliver a registration certificate and identification badge for each registered
solicitor, and shall forward a copy of the certificate to the director.
(b) The registration certificate shall show the name, address, and photograph of
the solicitor, the kind of goods or services to be sold or offered for sale, a description of any
vehicle to be used in carrying on the solicitation activities, the registration number, and the
dates of issuance and expiration of the certificate.
(c) The registration certificate must be carried by the solicitor while engaging in
solicitation activities.
(d) While engaging in solicitation activities, a solicitor shall wear the identification
badge so that it may be easily read by those being solicited. If a badge becomes damaged,
the solicitor shall return it to the city and receive a replacement badge.
f: \tilcs\slake\ordinanc\solicit.fn5 (12~9-96) 5
(e) A registration certificate and an identification badge shall be used only by the
person to whom they were issued and may not be transferred to another person.
SECTION 10.
Denial of Registration
(a) The city secretary or director shall deny an application for registration if the
city secretary or the director finds any of the following to be true:
(1) The location and time, or manner of the solicitation activities would
interfere with the public's use of streets or endanger the safety and welfare of the solicitors
or their customers.
(2) An investigation reveals that the applicant falsified information on the
application.
(3) Within five years preceding the date of application, the applicant or an
employee or agent of the applicant, has plead guilty or nolo contendere to, or has been
convicted of, a felony, misdemeanor, or ordinance violation involving fraud, deceit,
misrepresentation, a sex offense, trafficking in controlled substances, or any violent acts
against persons or property.
(4) The applicant is a person against whom a judgment based upon fraud,
deceit, or misrepresentation has been entered within five years preceding the date of
application.
(5) The applicant provided no proof of authority to serve as agent for the
principal.
(6) The type of solicitation activity requires a bond, and the applicant has
not complied with the bond requirements.
(7) The applicant has been denied registration under this ordinance within
the previous 12 months, and the applicant has not shown to the satisfaction of the director
or city secretary that the reasons for the earlier denial no longer exist.
(b) A denial and the reasons for the denial shall be noted on the application, and
the applicant shall be notified of the denial by notice mailed to the applicant at the address
shown on the application or the last known address.
fi \files\slalte\ordinanc\solicit .fn5 (124)%96) 6
SECTION 11.
Regulations
(a) A solicitor shall not engage in solicitation activities:
(1) between the hours of 9:00 p.m. and 9:00 a.m.;
(2) on public property without first procuring authorization from the
director, which will be withheld only when failure to do so would interfere with a compelling
interest of the city; or
(3) at a residence or business that has a sign posted giving notice that
solicitors are not welcome, such as, "no solicitors", "no trespassing" or words of similar
meaning.
(b) If a person uses a vehicle in solicitation activities, there must be a sign located
in a conspicuous place on the vehicle, identifying the name of the person or the company
or organization that the person represents. If the name is an individual, it must be followed
by the word "solicitor". The lettering on the sign must be at least two and one-half inches
high.
(c) A person, company or organization shall not authorize or allow a person who
is sponsored or employed by the person, company or organization to engage in solicitation
activities in violation of this ordinance.
SECTION 12.
Revocation or Suspension of Registration
(a) A registration certificate issued pursuant to this ordinance may be revoked or
suspended by the city secretary or director, after notice and hearing, for any of the following
reasons:
(1) fraud, misrepresentation, or false statement contained in the application for
registration;
(2) fraud, misrepresentation, or false statement made by a solicitor in the course
of conducting solicitation activities;
(3) conducting solicitation activities which were not described in the application;
f:\files\slake\ordinanc\solicit.fn5 (124)9-96) 7
(4) conviction for a crime described in Section lO(a)(3);
(5)
lO(a 1(4):
a judgment against the registrant involving a matter described in Section
(e6) violation of the regulations described in Section 11; or
(7) conducting solicitation activities in such a manner as to create a public
nuisance, constitute disorderly conduct, or endanger the health, safety, or general welfare
of the public.
(b) A registration certificate issued pursuant to this ordinance may be temporarily
suspended by the city secretary or director without notice or a hearing, if a violation of a law
is committed by the solicitor while conducting solicitation activities and the violation is
committed within the presence of a peace officer, or within the presence of a private citizen
who files a sworn complaint against the solicitor.
(c) A solicitor whose registration certificate has been temporarily suspended shall
be given the opportunity for a hearing before the city secretary or director not later than the
next business day after the suspension.
SECTION 13.
Appeals
(a) A person who is denied registration or an exemption, or whose registration is
revoked or suspended by the city secretary or director, may appeal the decision to the city
manager by filing notice of appeal w/th the city secretary within 15 days after the notice of
the decision is mailed to the address indicated on the application or the last known address
of the solicitor.
(b) Within 10 days of the receipt of the notice of appeal, the city manager shall
set a time and place for a hearing on the appeal which shall be not later than 30 days from
the date of receipt of the notice of appeal.
(c) Notice of the time and place of the hearing shall be delivered to the appellant
by mail, sent to the address indicated on the application or the last known address of the
appellant.
(d) The decision of the city manager on the appeal is final. No other
administrative procedures are provided by the city.
f:\file~ \slake\ordinanc \solicit.fn5 (124)9-96) 8
SECTION 14.
Cumulative clause
This ordinance shall be cumulative of all provisions of ordinances of the City of
Southlake, Texas, except where the provisions of this ordinance are in direct conflict with
the provisions of other ordinances, in which event the conflicting provisions of the other
ordinances are hereby repealed. Ordinance No. 236 is repealed.
SECTION 15.
Severability clause
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 16.
Penalty clause
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be fined not more than $500 for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 17.
Savings clause
All rights and remedies of the City of Southlake are expressly saved as to any and all
violations of the provisions of any other ordinances which have accrued at the time of the
effective date of this ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such ordinances, same shall
not be affected by this ordinance but may be prosecuted until final disposition by the courts.
f:\filea\slake\ordinanc\solicit.fn5 (12-09-96) 9
SECTION 18.
Pamphlet form publication clause
The City Secretary of the City of Southlake is hereby authorized to publish this
ordinance in book or pamphlet form for general distribution among the public, and the
operative provisions of this ordinance as so published shall be admissible in evidence in all
courts without further proof than their production.
SECTION 19.
Newspaper publication clause
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance or its caption and penalty together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this
ordinance, and if this ordinance provides for the imposition of any penalty, fine or forfeiture
for any violation of any of its provisions, then the City Secretary shall additionally publish
this ordinance or its caption and penalty in the official City newspaper one time within ten
days after passage of this ordinance, as required by Section 3.13 of the Charter of the City
of Southlake.
SECTION 20.
Effective date clause
This ordinance shall be in full force and effect from and after its passage and
publication as required by law, and it is so ordained.
~D AND APPROVED ON FIRST READING ON TI]lIS /~ DAY OF
, 1996.
CITY SECRETARY
fi \files\slake\ordinanc\solicit.fn5 (124)%96) l0
PASSED AND APPROVED ON SECOND READING ON THIS --~ DAY OF
~~d//~ 1996.
M~.~6R
Ci~FY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
City Attorney
f:\files\slake\ordinanc\solicit.fn5 (1249 96) 11
FED. I.D. NO. 22-3148254
Fort Worth Star-Telegram AD INVOICE NO. 356256
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 '\
ACCOUNT NO. -"CIT57
EC g5
THE STATE OF TEXAS �' v6 1 19
County of Tarrant P► ��.�pp�
re me, a Notary Public in and for said County and State, this day rr�'`,�� SEG
personally appeared DAWN M. RIVERA BIIIITSg Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
NCH/LINE
8/O4ME 356256 NOTICE OF PUBLIC I358 lx 63L 61 . ..55 34.65
08/04-08/04
NOTICE OF PUBLIC HEARING
' NOTICE IS HEREBY GIVEN TO
ALL INTERESTED PERSONS,
that the City Council of the --- - - -- - - - - - - -.
City of Sout6Iake,Texas,will
be holding a public hearing
during the Regular City
Council meeting to be held
on August 15, 1995, begin-
ning at 7:00 p.m.The meet-
ing will be held in the City
Council Chambers of City
Hail,
Sout7 h al e, Carrollrth xa They
purpose of the public hear-
ing is to consider the follow-
ing ordinance:
ORDINANCE NO.643
AN ORDINANCE AMENDING
AMENDED ORDINANCE THEO CONTRAC-
TOR'S REGISTRATION ORDI-
NANCE, BY PROVIDING FOR
REGISTRATION REVOCA-
SIGNEDIZ,4-4-i-k-----)-Yik-P-1-A-)-(-1\c-___
REGISTRATION
TION UNDER CERTAIN
CIRCUMSTANCES; AMEND-
ING ORDINANCE NO. 622.
CREATING THE 1BOARD OF APPEALS,BUILDING- ME, THIS THE 15TH DAY OF AUGUST , 1995
SCRIBED AND SU` •
THORIZING THE BOARD TO /
HEAR APPEALS REGARDING (dxJ7l
,
REVOCATION R ION; PRO-REGISTRATION; PRO- Notary Public I�f'P^'P ^` VIDING THAT THIS ORDI-
NANCESHALL BE CUMULA- VICKI LYNN INASON 0
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TIVE OF ALL ORDINANCES;
CITY 1/ SG4 . i Y CLAUSE,-
DINPROVIDING ASILITY PEN- COMMISSION EXPIRES , TARRANT COUNTY,TEXAS
VID NGOFORIPUBLIOCATION IN DECEMBER 14, 1908 ,
PAMPHLET FORM; PROVID-
ING FOR PUBLICATION IN' ' ' - '
THEAND OFFICIAL PROVIDINGEANSPAPER;
EFFEC-
PLEASE PAY THIS C TIVE DATE. ND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
SEON 5.
PENALTY CLAUSE
A Any person, firm or corpora*RATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A
tion who violates, disobeys, -----
omits, neglects or refuses
to comply with or who re-
sists the enforcement of any
of the provisions of this ordi-
nance shall be fined not
more than Two Thousand \
PortDollars IS2,000.00I for
Worth th eacsall con. it to day goat;
. ram
a violation is permitted to ex- REMIT TO: 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102
ist shall constitute a sepa-
rate offense.
City/ of dra L.Southlake,Texas ACCOUNT C I T 5 7 AMOUNT
356256 SSeccreta LeGrand -34.6.rl,
City Secretary NUMBER DUE
PAGE I OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501
CITY OF SOUTHLAKE
ATTN: Sandra L . LeGra
667 N CARROLL AVE
SOUTHLAKE, TX 76092-9595 PLEASE PAY 34.65
1
THIS AMOUNT
PLEASE WRITE IN AMOUNT ENCLOSED
-Tele ram FED. I.D. NO. 22-3148254
Fort Worth Star 442432
AD INVOICE NO.
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
THE STATE OF TEXAS
County of Tarrant
re me, a Notary Public in and for said County and State, this day
personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth
Star-Telegram, published by the Star-Telegram Inc. at Fort Worth, in Tarrant County, Texas; and
who, after being duly sworn, did depose and say that the following clipping of an advertisement was
published in the above named paper on the following dates:
•
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT
INCH/LINE
8/18M' 442432 ORDINANCE NO . 64 I358 1x 54L 54 . 55 29 . 70
08/18-08/18
AN ORDINANCENAMENDING
AMENDED E THEO CONBYRAG
---- TOR'S REGISTRATION ORDI-
•
NANCE, BY PROVIDING FOR
REGISTRATION REVOCA-
TION UNDER CERTAIN
_ CIRCUMSTANCES; AMEND-
ING - - -
RA CREATING ORDINANCE
BOUILDING
BOARD TF HE BOARD AU-
THORIZING
HEAR APPEALS REGARDING
REVOCATION
REGISTRATION;TRATIIOF ON;TPRO-
VIDING
CONTRAC-
TOR'S
THAT THIS ORDI-
NANCE OFSHALL BE CUMULATIV ALL ORDINANCES;-
PROVIDINGEVVE II1-I
CLAUSE' PROVIDING A PEN-
ALTY FOR VIOLATIONS:PRO-
VIDING /'�,\{,+/�
R PUBLICATIONIN
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PAMPHLET PUBLICATIONVIIN SIGNED L�� (/�-
THE OFFICIAL NEWSPAP;ER
AND PROVIDING AN EFFEC= 1AUGUST 1995
TIVE DATE.
SCRIBED AND S1S�oton tionywno°vioii or _ ME, THIS THE 25TH DAY OF , •
• disobeys,omits,neglects or daro^.s s. n
refuses to comply with or (II/�/r�
who resists the enforcement o Notary Public LIril of any of the provisions of -rnandez
OFFICE OF this ordinance shall be fined Expires
not dmore than Two Thou-
CITY SEG�ETARY for saneachh Doffense$2EacOhO1 TARRANT COUNTY,TEXAS
day 4, 1998
1. that a violation is permitted
to exist shall constitute a
separate offense.
PASSED AND APPROVED BY
THEI CITY SOUTHLAKEF THE I
PLEASE PAY THIS AS,THIS THE 15TH DAY OF AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU.
AUGUST 1995.
Mttest; fary FSouthlake —�►
Attest: ORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT
/s/Sandra L.LeGrand,
City Secretary
Approved as to Form;
/s/E.Allen Taylor,Jr.
City Attorne
W rth tr e ramFort
O REMIT TO: ' 400 W.SEVENTH ST.•FORT WORTH,TEXAS 76102
442432 ACCOUNT CIT57 AMOUNT 29.70
NUMBER DUE
ns,r 1 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 29 . 70 \
PLEASE PAY
THIS AMOUNT,
PLEASE WRITE IN AMOUNT ENCLOSED