AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP,
TEXAS, AMENDING CHAPTER 4, ARTICLE III "PEDDLERS" OF THE CODE
OF ORDINANCE OF THE CITY OF BASTROP, TEXAS TO READ
"PEDDLERS, SOLICITORS, VENDORS, TEMPORARY/SEASONAL VENDING AND
EVENTS" AND BY ADDING AND AMENDING DEFINITIONS AND PERMITTING REGULATIONS;
ESTABLISHING FINES AND PENALTIES FOR VIOLATIONS; PROVIDING FOR ENFORCEMENT;
PROVIDING A REPEALER CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Bastrop, Texas is a Home Rule
municipality incorporated and operating under the Laws of the State
of Texas; and
WHEREAS,
the City of Bastrop has determined that it is in the best interest
of the health, safety and welfare of its citizens to regulate certain
business activities within the City, and
WHEREAS,
in order to accomplish these necessary goals and objectives, the City
of Bastrop now finds it necessary to amend and augment certain existing
rules and regulations pertaining to the issuance of permits for peddling,
vending and/or soliciting and those activities associated with peddling,
vending and/or soliciting within the municipal corporate limits and
provide for penalties related to violations thereto and enforcement
of the City's Ordinance concerning such activities.
NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP THAT:
Part 1:
Chapter 4, Article 4.300, "Vendors," is amended as follows
to add and/or revise the definitions and regulations as noted herein
below, and that all existing definitions, articles, divisions, and
regulations not specifically revised and/or amended herein shall remain
in effect:
ARTICLE III. PEDDLERS, SOLICITORS, VENDORS, TEMPORARY/SEASONAL
VENDING AND EVENTS
DIVISION II.
GENERALLY
Sec. 22-66. Definitions.
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:
Event means any
occasion or activity where one or more Vendors offer goods, services,
entertainments, amusements or other like products or activities to
the public for profit or for free.
Motor Vehicle
means any vehicle used for the displaying, storing or transporting
of articles for sale by a Peddler, Solicitor, and/or a Vendor, which
is required to be permitted and registered by the state. The term
also includes trailers, trucks and automobiles.
Peddler means
any person, entity or organization (other than non-profit organizations
as that term is defined herein), whether a resident of the city or
not, that offers merchandise for sale along the streets or right-of
ways or from door to door.
Peddling, Soliciting
and 'or Vending Activities means the practices of Peddlers, Solicitors
and/or Vendors, as described in this Article.
Permit means the
document(s) issued by the city authorizing the Peddling, Soliciting
Vending Activities, pursuant to this Article.
Permittee means
the holder of a Permit issued by the city issued pursuant to this
Article.
Solicitation Activities means the practices of Solicitors
as listed in this section.
Solicitor means
any person, whether a resident of the city or not, including an employee
or agent of another, traveling either by foot, automobile, truck,
or other type of conveyance, who engages in the practice of going
door-to-door, house-to-house, or along any streets within the city
for the purpose of:
Requesting contribution of funds, soliciting money, property or anything
of value; soliciting the pledge of any type of future donation; or
selling or offering for sale any type of property, including but not
limited to the sale of goods, tickets, books
and pamphlets, for commercial or non-commercial purposes (e.g. solicitations
for and sales of political, charitable, or religious documents and/or
items).
TemporarySeasonal Vending
means activities conducted by two or more vendors pursuant to this
Article, which are ongoing for a maximum period as stipulated in the
applicable permit (i.e., either thirty (30), sixty (60) or ninety
(90) consecutive days), in any twelve (12) month period during which
a permit is issued by the City. No Temporary/Seasonal Vending shall
be permitted within the city or at the same locale for periods exceeding
the above noted periods of time. When the Permitee conducts Temporary/Seasonal
Vending activities, and conducts such activities from a Temporary/Seasonal
Vending Structure, the Permittee shall be required to disassemble
and remove the Temporary/Seasonal Vending Structure (including specifically
all tables, booths, tents, canopies, shelves, racks, displays, buildings,
storage containers, and all other items used to store and/or display
merchandise, products or services), from the location used by the
Permitee at the close of each day of operation.
Temporary Seasonal Fending Permit means the document issued by the
city authorizing activities, pursuant to this Article.
TemporarySeasonal Vending
Personnel means all personnel working with, for or otherwise
employed by or associated with Vendors who have obtained a Temporary/Seasonal
Vendor's Permit, pursuant to this Article.
Temporary Seasonal
Vending Structure means those temporary buildings, facilities,
tents, enclosed spaces, trailers, and other mobile structures which
are constructed, assembled or otherwise provided by entities who have,
or seek to, obtain a Temporary/Seasonal Vending Permit from the city,
with such structure to be used solely for the purpose of displaying,
exhibiting, carrying, transporting, storing, selling, taking orders
for, or offering for sale or offering to take orders for the wares,
products, or merchandise made available for sale, taking orders for,
or offering to sell or take orders for the Temporary/Seasonal Vendor's
products, wares or merchandise. Such structures shall include but
not be limited to any tables, booths, tents, canopies, shelves, display
racks, storage buildings or containers and other items used to store
and or display merchandise, products or services.
Vendor means an individual, including an employee or agent
of a group of individuals, partnership or corporation, who sells or
offers to sell food, beverages, goods or merchandise, or provides
entertainment or recreational services from a venue, stand, motor
vehicle or from the person, and specifically includes those conducting
Temporary/Seasonal Vending activities, as defined herein.
Sec. 22-67. Findings
and purpose of Article.
1. Reasonable regulation of Peddling, Soliciting, and Vending Activities
is necessary to protect the public health, safety and welfare.
2. Activities that fail to comply with the requirements of this ordinance
shall constitute a public nuisance under the law.
3. As such and to fairly
administer these codes the city shall enforce the provisions hereafter,
as allowed in state law.
4. The regulations contained
in this Article are not intended to prohibit or hamper speech which
is protected by the First Amendment, but to regulate specific activities
that are commercial in nature and protect the public from fraudulent
practices.
DIVISION 2.
INDIVIDUAL PEDDLING,
SOLICITING, AND VENDING PERMIT
Sec. 22-91. Required
(a) It shall be unlawful
for a Peddler, Solicitor or Vendor to engage in the activities defined
and regulated in this Article upon or along any public ways, public
or private property within the city without first being issued an
applicable Permit by the city secretary or designee, as provided in
this Division.
(b) Exceptions:
This Section 22-91 specifically does not apply to the following:
1. Events and activities held in City Parks or on other City owned/controlled
property that have been previously approved and/or granted permits
by the City, pursuant to other licenses, applications, permits, leases,
contracts or agreements;
2. The Farmers Market operated
on property owned and or controlled by the City and/or the Bastrop
Economic Development Corporation, under agreement with the City and/or
the Bastrop Economic Development Corporation.
3. Under special conditions
granted by the City Council/City Manager.
Sec. 22-92. Application.
(a) The application for a Peddler, Solicitor, or Vendor Permit shall
contain all information relevant and necessary to determine whether
a particular Permit may be issued including, but not limited to:
· The state sales
tax identification number;
· Tax exempt identification
number;
· Site development
and building permits; if required.
(b) If the applicant is
acting for or on behalf of any commercial, or noncommercial organization,
the name, telephone number and address of such organization shall
be included in the application.
(c) If applicant is operating from private property, the applicant
shall provide with the application a signed form from the property
owner of record, granting permission for the operator to use the property
and providing all terms and conditions for the use of the property.
[The necessary form for use for this purpose is available from the
City Secretary, upon request, and is attached hereto as Exhibit "A."]
The property owner shall be jointly and severally responsible along
with the Vendors given permission to use the private property for
compliance with all requirements of this ordinance, and shall be subject
to penalty, and fines for violations, as noted herein.
(d) A description of the nature, character and quality of the goods
or merchandise to be sold and/or being offered for sale shall be included
in the application.
(e) A description (year, make, color, and type) and permit plate number
and state of all vehicles to be used in soliciting, peddling and vending
shall be included.
(f) The applicant must provide original identifying documents to the
city secretary or his/her designee, upon request.
(g) A valid sales tax permit issued by the state comptroller of pubic
accounts shall be included.
(h) Copies of pertinent corporate documentation from Secretary of
State of state of the business entity's formation, or substantially
similar documentation for entity's applicable structure, if any.
Sec. 22-93. Fees.
All Peddlers, Solicitors
and Vendors not exempt under section 22-95 shall pay a Permit fee
to the city secretary. The fee is in an amount established by the
city and listed in appendix A of this Code for each individual and/or
business engaged in Peddling, Soliciting and Vending Activities.
Sec. 22-94.
Form; validity; recordkeeping; additional personal requirements;Renewals.
(a) The Permit shall
be a copy of the original application under section 22-92, with an
official stamp indicating approval by the city secretary. Each Permit
will be valid for sixty (60) days from the date of issuance, unless
otherwise terminated or revoked pursuant to the terms of this Article
or other applicable law. Permits may be renewed for additional sixty
(60) day periods, if there are no changes in the information provided
on the original application for permit. The fee for each renewal is
in an amount established by the city and is listed in appendix A of
this Code. To apply for each renewal, the Permittee must apply for
renewal, in person, with the city secretary or his/her designee at
the City's administrative offices, and provide updated information
as required for such renewal of the permits, including provision of
information noted above in Section 22-92.
(b) The city secretary will retain the original of the approved Permit(s)
for official records. The Permit may not be represented as an endorsement
or approval by the city of the purposes of a solicitation or a product
offered by Permittee.
(c) A copy of the Permit
will be provided to the chief of police and the director of Planning
by the city secretary, and will be maintained in the files of the
Police Department for a period of one (1) year.
(d) Only those individuals whose names are listed on the approved
application may conduct activities under the issued Permit. If any
new personnel are added after the original Permit is issued, the information
required in section 22-92 must be furnished to the city secretary
for each such additional person prior to that person's involvement
in Peddling, Soliciting and/or Vending Activities, as per Section
22.92.
(e) The city manager reserves the right to limit, at its sole discretion,
the number of individuals or entities that may engage in peddling,
soliciting, and/or vending activities under a single permit issued
under this ordinances division.
Sec. 22-95. Exemptions.
(a) Exemptions from Permit Applications and Permit Fees. The following
are
exempt from the Permit Application Process and from Permit Fees:
(1) Newspaper carriers.
(2) Vendors that have been
approved by the City to use City Property for events pursuant to specific
arrangements with and/or under the terms of agreements between the
City and the event sponsor, subject to approval by the City Council,
provided that: (i) such vendors have provided all requisite information
to the sponsoring entity related to their activities and participants
on a form acceptable to the City, (ii) that the vending is acceptable
to and approved by the City prior to the event, and (iii) that the
vending is limited to those areas, times, products, persons, and any
other applicable limitation, as agreed to by the City. Any vendor
found to be in violation of the terms of the agreement made between
the City and of the sponsor of the event shall be required to make
immediate application for a permit and pay the applicable fee and
fine or immediately cease vending operations upon notice by the City.
(3) Vendors that participate in events on city property under license
or lease agreements approved by the city, including farmers or gardeners
who are qualified members of the association operating the Farmers
Market located on BEDC property under an agreement with the BEDC.
(b) Exemptions from Permit Fees Only.. The following are required
to secure all applicable permits but are held exempt from payment
of the Permit fee. Entities desiring this status must complete an
exemption application at the time of requesting the permit.
(1) Peddlers, Solicitors, or Vendors representing and/or sponsored
exclusively by a bona fide philanthropic, charitable, political, educational,
or religious organization having documentation of a bona-fide tax
exempt status on file with the State.
Sec. 22-96. Denial.
(a) Investigation of applicant. A copy of the application for Permit
will be referred to the chief of police of the city or his/her designee
who will undertake an investigation of the applicant's record and
background, such as shall be reasonably necessary to protect the public.
An application for a permit under this article may be denied where:
(1) Required information is incomplete or incorrect; or
(2) The applicant or key personnel of the applicant has an outstanding
warrant for arrest; or
(3) The applicant or key personnel of the applicant has a record of
criminal arrests.
(b) Investigation of activity. A copy of the application
for Permit shall be referred to the Director of Planning to assess
the compatibility of the proposed activity with the character and
use of adjacent property and surrounding neighborhood. An application
for a permit under this article may be denied or qualified where:
(1) Required information is incomplete or incorrect; or
(2) The activity is found to have or potentially have negative impacts
on the area immediately surrounding the activity.
(c) Appeal from denial to city manager. If the permit is denied, the
applicant may appeal this decision, in writing, to the city manager,
which may affirm, modify or reverse the denial.
Sec. 22-97. Display.
Each Permittee and each individual conducting Peddling, Solicitations,
and/or Vending Activities on behalf of the Permittee, shall carry
the Permit at all times while engaging in activity regulated in this
Article. Upon request or demand, the Permittee and/or the personnel
of Permittee shall exhibit the Permit (or copy of the Permit) to indicate
compliance with the requirements of this Article.
Sec. 22-98. Transferability.
Permits issued under the provision of this Article are not transferable
under any circumstance, and shall be clearly marked "NOT TRANSFERABLE."
See. 22-99. Suspension.
(a) The chief of police or his designee may, upon investigation of
valid documented complaint or violation of law, suspend and confiscate
a Permit issued under this Article.
(b) Upon such suspension,
all activity must cease immediately and the vendor must vacate the
premise.
(c) A Permittee whose Permit
is suspended shall have three business days from the date of suspension
to request an administrative review, in writing, of the suspension
by the city manager. If a request for an administrative review is
not made, the Permit shall be automatically revoked with no further
action by the city required.
Sec. 22-100. Revocation
(a) Upon a Permittee's request, the city secretary shall provide the
Permittee with written notice containing the particulars of any and
all complaints against the Permittee, and the time, date and place
for an administrative review of the suspension.
(b) The city secretary, in conjunction with the city manager, will
conduct an administrative review to determine whether the Permit will
be restored, qualified or revoked.
(c) After notice and review, the city may revoke or qualify any Permit
issued under this Article for the following reasons:
(1) Fraudulent statements
or omissions on the permit application or in the conduct of the permitted
business;
(2) Violation of ordinances or laws;
(3) Complaint of one (1) (e.g., after hours calls, harassment, intimidation,
noise, traffic problems etc.) from citizens;
(4) Complaints from citizens of violations of the Sign ordinance;
(5) Health and safety concerns;
(6) Creating or becoming the source of or contributing to nuisance
conditions within the city.
(d) If the Permit is revoked by the city, the Permittee may appeal
this decision, in writing, to the city council, which may affirm,
modify or reverse the revocation.
(e) Revocation of a Permit
shall bar the Permittee from eligibility for any Permit under this
Article for a period of one year from the date of revocation.
Sec. 22-101. Hours of Peddling, Solicitation, and Vending
Activities.
It shall be unlawful for
a Peddler, Vendor, or Solicitor to conduct activities listed in Section
22-66, except between the hours of 8:00 a.m. and 8:00 p.m., seven
days a week and such activities shall be similarly unlawful for Vendors
and/or Temporary/Seasonal Vendors, except as stated in the applicable
Vendor's Permit(s).
Sec. 22-102. Signs.
It shall be unlawful for a a Peddler, Solicitor, or Vendor to conduct
or attempt to conduct activities at a place where a sign clearly indicates
that Peddlers, Solicitors or Vendors are unwelcome. Complaint of a
violation of this prohibition is grounds for revocation of a Permit.
Sec. 22-103. Prohibited
areas for Vending.
Notwithstanding any other provision in this Article, all Vending activities
are prohibited and no Permit shall be valid for the following locations:
1) Any area of the city
where because of the location of the Vendor, wares, merchandise or
goods, the customers stand, congregate or park within an area where
parking on the public right-of-way is prohibited by ordinances of
the city or where the Vendor's activities constitute, contribute to,
or create a traffic and/or pedestrian hazard;
2) Within 100 feet of any
intersection of county, state or federal highways;
3) Any area where access by emergency vehicles would potentially be
obstructed;
4) Within 20 feet of any
parking space or access ramp designated for persons with disabilities;
5) Within 20 feet of any
driveway, loading zone or bus stop;
6) Within 15 feet of a building entrance or exit;
7) Within 15 feet of any
fire hydrant or fire escape;
8) Against display windows of fixed location businesses; and
9) Any area or structure
incompatible with the City's zoning, safety/health or building requirements.
10) Any property located
in a District Zoned Residential, as per the City's Zoning Code.
Sec. 22-104. Health Inspection Certificates.
Any application for a Vending
Permit to engage in the sale of food or beverages shall require proof
of approval and issuance of an applicable certificate of health inspection
(or health permit), in addition to the Permit required by the city.
The Permittee shall comply with all Health Department regulations.
Notice of non-compliance shall be grounds for revocation of the city's
Permit.
Sec. 22.105. Littering
and Trash Removal.
(a) Vendors shall keep the sidewalks, roadways and other spaces adjacent
to their Vending areas and sites clean and free of paper, refuse and
trash and rubbish of any kind generated from the operation of their
business. All trash, rubbish, waste, garbage, debris or other matter
accumulating within 50 feet of the property on which the activity
or vending activity takes place shall be collected by the Vendor on
a daily basis and deposited in a trash container that is either owned
by the vendor or which the vendor is using with the express written
permission of the owner of the trash container. Failure to comply
with this provision shall be a basis for immediate revocation of the
Vendor's Permit. The City reserves the right to refuse issuance of
a permit to any applicant that is not able to demonstrate at the time
of application that they have made adequate and satisfactory arrangement
for handling the collection and disposal of all trash, debris, refuse,
and rubbish generated by the operation of their business.
(b) Persons engaged in food vending shall affix to their vending stations,
vehicles or other conveyances a receptacle for litter, trash and rubbish
that shall be so marked, and shall be maintained and emptied regularly
by the Vendor.
(c) Solicitors, Vendors
and Peddlers shall refrain from placing, leaving, or putting catalogs,
brochures, papers, handbills, leaflets or other printed materials
and/or samples of wares and materials on properties in a manner that
constitutes or contributes to littering or otherwise creates a nuisance.
Failure to comply with this provision shall be a basis for revocation
of the Solicitor's or Peddler's Permit.
DIVISION 3
TEMPORARY/SEASONAL VENDING OR EVENT PERMITS
Sec. 22-201. Permit Required
It shall be unlawful for
a Temporary/Seasonal Vendor or event holder to engage in the activities
defined and regulated in this Article within the city without first
being issued an applicable Permit by the City Manager or designee,
as provided in this Division.
Permits Issued Pursuant to this Division are applicable to the Vendor,
event, or Location shown on the Permit.
When the Permitee conducts
Temporary/Seasonal Vending activities, and conducts such activities
from a Temporary/Seasonal Vending Structure or other enclosure (e.g.,
tents, awnings/canopies erected for the purpose of vending), the Permittee
shall be required to disassemble and remove the Temporary/Seasonal
Vending Structure (including specifically all tables, booths, tents,
canopies, shelves, racks, displays, buildings, storage containers,
and all other items used to store and/or display merchandise, products
or services), from the location used by the Permitee at the close
of each day of operation.
Sec. 22-202. Application
for Permit.
(a) The application for a Temporary/Seasonal Vendor's Permit shall
contain all information relevant and necessary to determine whether
a particular Permit may be issued including, but not limited to:
(1)The applicant's name,
telephone number, address, birth date, physical description;
(2) Driver's license number and state; or
(3) An official, government-issued picture identification documents;
(4) The state sales tax identification number, if required by State
law for products offered for sale.
(5) The state sales tax
identification number, if any.
(b) If the applicant is
acting for or on behalf of any commercial, charitable or political
organization, the name, telephone number and address of such organization
shall be included in the application.
(c) The application shall
include the following for each individual involved in the activities
regulated in this article: name, telephone number, address, birth
date, physical description:
(1) Driver's licenses number
and state; and
(2) An official, government-issued
picture identification document.
(d) A description of the
nature, character and quality of the goods or merchandise to be sold
and/or being offered for sale shall be included in the application.
(e) A description (year, make, color, and type) and permit plate number
and state of all vehicles to be used in soliciting and peddling shall
be included.
(f) The applicant must
provide original identifying documents to the city secretary upon
request.
(g) A valid sales tax permit
issued by the state comptroller of pubic accounts shall be included.
(h) Copies of pertinent corporate documentation from Secretary of
State of state of the business entity's formation, or substantially
similar documentation for entity's applicable structure.
(i) The location, including
the street address within the city from which the Temporary/Seasonal
Vendor will conduct its operation under the Permit.
(j) Documentation from
the owner of the property from which the Permitee will operate indicating
consent to locate and conduct activities at that site, under the Permit
for the time period covered by the Permit.
(k) A letter from planning
department and property owner defining allowable terms of such activity.
(1) Any bond, insurance,
proof of adequate security or other requirement deemed necessary by
the city manager.
Sec. 22-203. Temporary/Seasonal Vending Permit Fees and Reservation
of Right to Refuse Permit.
All Temporary/Seasonal
Vendors (not exempt under section 22-95) shall pay a Permit fee to
the city secretary. The fee is in an amount established by the city
and listed in appendix A of this Code for each individual and/or business
engaged in Temporary/Seasonal Vending Activities.
The City expressly reserves
the right to refuse issuance of a Temporary/Seasonal Vending Permit
if the City determines that the permit applicant(s) is attempting
to circumvent the purpose or intent of this Ordinance in any manner
(e.g., to limit the vending periods allowed for temporary/seasonal
permit holders) by requesting permits under identities or names for
vendors who have already obtained Temporary/Seasonal Vending Permits
with the City, which have expired term or have been terminated for
any other reason.
Sec. 22-204. Form;
validity; recordkeeping; additional personal requirement.
(a) The Permit shall be a copy of the application under section 22-202,
with an official stamp indicating approval by the City Manager. Each
Permit will be valid for the time period indicated on the permit and
for a twelve (12) month period from the date of issuance, unless otherwise
terminated or revoked pursuant to the terms of this Article or other
applicable law.
(b) The city secretary will retain the original of the approved Permit
for official records. The Permit may not be represented as an endorsement
or approval by the city of the purposes of a solicitation or a product
offered by Permittee.
(c) One copy of the Permit
will be provided to the chief of police by city secretary and maintained
in the files of the Police Department for a period of one (1) year.
(d) Only those individuals
whose names are listed on the approved application may conduct activities
under the issued Permit. If any new personnel are added after the
original Permit is issued, the information required in section 22-202
must be furnished to the city secretary for each such additional person
prior to that person's involvement in Temporary/Seasonal Vending Activities,
as per the above Section.
(e) The city reserves the
right to limit, at its sole discretion, the number of individuals
or entities that may engage in peddling, soliciting, vending activities
under a single permit issued under this ordinances division.
DIVISION 4. ENFORCEMENT
Sec. 22-220. Enforcement
of article and remedies.
The City of Bastrop may institute, in any court of competent jurisdiction,
an action to prevent, restrain, enjoin, correct or abate any violation
of this article, or of any order or ruling made in connection with
its administration or enforcement.
Sec. 22-221. Penalty for violation of article.
Each violation of this article or of any regulation, order or ruling
promulgated under this article shall, upon conviction, be punishable
as provided in Section 1-15 of the City's Code of Ordinances.
Part 2: If any
section or part of a section of this Ordinance is held to be invalid
or unconstitutional by a court of competent jurisdiction, that holding
shall not invalidate or impair the validity, force or effect of any
other section or part of a section of this ordinance or Code of Ordinances,
City of Bastrop, Texas.
Part 3: This Ordinance
supersedes and repeals all ordinances or parts of ordinances specifically
amended herein as currently contained the existing ordinances of the
City, if any. however, such present ordinances shall remain in full
force and effect until the effective date of this ordinance.
Part 4: This Ordinance
shall take effect upon the date of final passage noted below, or when
all applicable publication requirements, if any, are satisfied in
accordance with the City's Charter, Code of Ordinances, and the laws
of State of Texas.
READ and Acknowledged on First Reading on the 13th day of July 2004.
READ and Adopted on Second Reading on the 27th day of July 2004.
APPROVED:
Tom Scott, Mayor
ATTEST:
Teresa Valdez, City Secretary
Approved As to Form:
Jo-Christy Brown
Brown & Carls, LLP
City Attorney
