Ordinance 2005-6

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS, AMENDING CHAPTER 4, ARTICLE 4.300 "PEDDLERS" OF THE CODE OF ORDINANCE OF THE CITY OF BASTROP, TEXAS TO READ "PEDDLERS, SOLICITORS, VENDORS, TEMPORARY/SEASONAL AND/OR MULTIPLE VENDORS 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 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 4.300 PEDDLERS, SOLICITORS, VENDORS,
TEMPORARY/SEASONAL AND/OR MULTIPLE VENDORSAND EVENTS

DIVISION I

GENERALLY

See. 4.301 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.

Franchisee means a business entity with whom the City has a current contractual agreement, which entitles the entity to use City rights of ways or easements for the provision of the entity's services to citizens of the community.

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, right-of ways, on private or public property, 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 mean(s) 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:

Temporary Seasonal and or Multiple Vendors Activities means those activities that: (1) take place at a single, central location and which are organized and conducted by a single permit applicant for the purpose of holding an event during which two or more vendors, solicitors or peddlers intend to offer goods, wares, services, etc. (for example a "sidewalk bazaar sale"), and/or (2) involve vending, soliciting, or peddling of items that are only seasonally available and/or are only envisioned to be temporarily sold within the community. Permits for Temporary/Seasonal and Multiple Vendor Activities may only be 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 and/or Multiple Vendor Activity shall be permitted within the city or at the same locale for periods exceeding the above noted periods of time, as specified on the applicable permit. When the Permitee conducts Temporary/Seasonal and/or Multiple Vendors Activities, and conducts such activities from a Temporary/Seasonal and/or Multiple Vendors Structure, the Permittee shall be required to disassemble and remove the Temporary/Seasonal and/or Multiple Vendors 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 and or Multiple Vendors Permit means the document issued by the city authorizing activities, pursuant to this Article.

Temporary Seasonal and or Multiple Vendors Personnel means all personnel working with, for or otherwise employed by or associated with Vendors who have obtained a Temporary/Seasonal and/or Multiple Vendors' Permit, pursuant to this Article.

Temporary Seasonal and or Multiple Vendors 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 and/or Multiple Vendors 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 and/or Multiple Vendors 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 and/or Multiple Vendors Activities, as defined herein.

Sec. 4.302 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. [Sections 4.303 through 4.309 reserved for future amendments]

DIVISION 2.

INDIVIDUAL PEDDLING, SOLICITING, AND VENDING PERMIT

Sec. 4.310 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 4.310 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. 4. To entities who are Franchisees and/or to Franchisees' employees so long as the Franchisee notifies the City Manager, in writing, of any solicitation events to be conducted by the Franchisee on or before ten (10) business days prior to beginning solicitation activities within the City, and provided that all employees of the Franchisee wear visible identification during solicitation activities, and meet all other requirements, if any, stipulated by the City Manager related to the solicitation event.

Sec. 4.311 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. (g) A valid sales tax permit issued by the state comptroller of public accounts shall be included. (f) The applicant must provide original identifying documents to the city secretary or his/her designee, upon request. (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. 4.312 Fees

All Peddlers, Solicitors and Vendors not exempt under Section 4.314 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. 4.313 Form; validity; recordkeeping; additional personal requirements; Renewals

(a) The Permit shall be an original City License authorizing Vendor activities, and will be issued by the city secretary or her/his assignee. 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 4.311.

(b) The city secretary will retain a copy of the approved Permit(s) and the original application 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 4.311 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 4.311.

(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. 4.314 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. 4.315 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, and as allowed by law. An application for a permit under this article may be denied by the city secretary, or her/his designee 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 by the city secretary and/or her/his designee, where:

(1) Required information s 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.

See. 4.316 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. 4.317 Transferability

Permits issued under the provision of this Article are not transferable under any circumstance, and shall be clearly marked "NOT TRANSFERABLE."

See. 4.318 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. 4.319 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. 4.320 Hours of Peddling, Solicitation, and Vending Activities

It shall be unlawful for a Peddler, Vendor, or Solicitor to conduct activities listed in Section 4.301, 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 and/or Multiple Vendors, except as stated in the applicable Vendor's Permit(s).

Sec. 4.321 Signs

It shall be unlawful for 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. 4.322 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. 4.323 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. 4.324 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. [Sections 4.325 through 4.329 reserved for future amendments]

DIVISION 3.

TEMPORARY/SEASONAL AND/OR MULTIPLE VENDORS PERMITS

Sec. 4.330 Permit Required

It shall be unlawful for a Temporary/Seasonal and/or Multiple Vendors to engage in the activities defined and regulated in this Article within the City without first being issued an applicable Permit by the City Secretary or designee, as provided in this Division.

Pertmits issued Pursuant to this Division are applicable to the Vendor, Event, or Location shown on the Permit.

When the Permitee conducts Temporary/Seasonal and/or Multiple Vendors Activities, and conducts such activities from a Temporary/Seasonal and/or Multiple Vendors 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 and/or Multiple Vendors 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. 4.331 Application for Permit

(a) The application for a Temporary/Seasonal and/or Multiple Vendors' 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 and/or Multiple Vendors 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.

(l) Any bond, insurance, proof of adequate security or other requirement deemed necessary by the City Manager.

Sec. 4.332 Temporary/Seasonal and/or Multiple Vendors Permit Fees and Reservation of Right to Refuse Permit

All Temporary/Seasonal and/or Multiple Vendors (not exempt under Section 4.314) 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 and/or Multiple Vendors Activities.

The City expressly reserves the right to refuse issuance of a Temporary/Seasonal and/or Multiple Vendors 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 and/or Multiple Vendors Permit holders) by requesting permits under identities or names for Vendors who have already
obtained Temporary/Seasonal and/or Multiple Vendors Permits with the City, which have expired term or have been terminated for any other reason.

Sec. 4.333 Form; validity; recordkeeping; additional personal requirement

(a) The Permit shall be a City License authorizing Vendor sales under Section 4.331. Each Permit will be valid for the time period indicated on the permit (e.g., 30, 60 or 90 days) and may be renewed as allowed herein during the subsequent 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 a copy 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 4.331 must be furnished to the City Secretary for each such additional person prior to that person's involvement in Temporary/Seasonal and/or Multiple Vendors 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.

[Sections 4.334 through 4.339 reserved for future amendments]

DIVISION 4.

ENFORCEMENT

Sec. 4.340 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. 4.341 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 1.106 of the City's Code of Ordinances.

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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 11th day of January 2005.
READ and Adopted on Second Reading on the 8th day of February 2005.

Approved As to Form:
Jo-Christy Brown
Brown & Carls, LLP
City Attorney

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EXHIBIT A

[Private Property Consent Form]

AGREEMENT TO GRANT PERMISSION FOR USE OF PRIVATE PROPERTY
AND ACKNOWLEDGEMENT OF ACCEPTANCE OF PERSONAL LIABILITY FOR
VENDING ACTIVITIES

1, _____________________[name], am the owner of property located
at_____________________[address], Bastrop, Texas (Property Owner).

As Property Owner, I understand that Vendor has applied to the City for a Permit to conduct these activities, and that my written permission is required for the City to issue the necessary permit, as per City Ordinance, Chapter 4, Article III.

I have granted permission for_____________________________________________
[name of Permit applicant] (Vendor) to conduct vending/peddling/soliciting activities on my property on the following dates, and during the following hours:

Date:__________ Time:_____________
Date:__________ Time:_____________
Date: __________Time:_____________

Further, I agree and acknowledge that I, as Property Owner, shall be jointly and severally responsible and liable, along with the Vendor(s), for full compliance with all requirements of the City's Ordinance concerning Peddling, Soliciting and Vending from Private Property, and, further, that I shall be subject to penalty, and fines for violations, as noted in the Ordinance, for any violation by Vendor(s) of the City's Ordinance or Permit.

___________________________________         __________________

Printed Name Property Owner and Signature           Date