CITY OF THRALL ORDINANCE#. 3807  AN ORDINANCE OF THE CITY OF THRALL, TEXAS, PROVIDING REGULATIONS FOR PEDDLERS AND SOLICITORS; PROVIDING A REPEALLING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT LESS THAN $25.00 NOR MORE THANF FIVE HUNDRED DOLLARS ($500.00) FOR EACH VIOLATION EXCEPT WHERE A DIFFERENT PENALTY HAS BEEN ESTABLISHED BY STATE LAW FOR SUCH OFFENSE, OR FOR ANY VIOLATION OF ANY PROVISION WHICH GOVERNS PUBLIC HEALTH OR SANITATION WHICH SHALL BE PUNISHED BY PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' THRALL,  THOUSAND DOLLARS ($2000.00) FOR. EACH OFFENSE.  TEXAS:  DEFINITIONS  "Peddler" means any person who engages in commercial activities within the City limits by carrying goods or merchandise and selling or offering for sale for immediate delivery such goods or merchandise from house-to-house, or upon public property. "Solicitor" means any person who solicits or attempts to solicit, from house-to-house, or upon public property, funds or orders for services, commercial goods, wares, merchandise, subscriptions or publications to be delivered at a future date or time.  PERMUT REQUIRED  Iti is unlawful for any peddler or solicitor to engage in business within the city without  first obtaining aj permit from the Thall Police Department,  PERMIT APPLICATION  Any person desiring to engage in activities as a peddler or solicitor within the City must file a written application for permit with the Thrall Police Department. The application A. For the applicant and each individual involved in the peddling or solicitation campaign; name, permanent and local telephone numbers, address, birth date,  shall give at least the following information:    physical description, finger or thumbprint, and a copy of an official, government- B. Whether the applicant is a natural person, partnership, corporation, or association. Ifother than ai natural person, the legal business name, business address, phone number, sales tax number, and name and phone number of the main individual in charge oft the local office oft the business. In addition, the web address for the organization, person, or group where residents having subsequent questions can C.F Full and complete list of goods, wares, and/or merchandise to be sold and/or services tol be delivered along with a brief description oft the proposed activities. D. The motor vehicle make, model, year, color, and state license plate number of any vehicle which may be used by the applicant or any other individual involved in E. Whether the applicant will demand, accept, or receive payment or the deposit of F.A Al list ofall misdemeanor and felony convictions oft the applicant and other individuals involved int the peddling or solicitation campaign. In no event shall an application be approved unless there is compliance with this requirement. G. Applicant must provide original identifying documents to the Thrall Police  issued picture identification card.  go: for more information.  the above mentioned proposed activities. money in advance of final delivery.  Department upon request.  H. Any otheri information the applicant wishes to provide, or that may be reasonably requested such as copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.  PERMIT FEES.  All peddlers and solicitors not exempted by the exempt section below shall pay aj permit fee to the City ofThrall oft twenty-five dollars ($25.00). No permit hereunder shall be  issued until such fee has been paid.  EXEMPTIONS  The following are excluded from permitting provisions:  A. Newspaper carriers;  B. Farmers who sell agricultural products that were: raised or grown by them;  C.I Locally-based non-profit organizations    D. Any individual soliciting or peddling for a philanthropic, charitable, political or E. Public Utility Companies or others operating under franchises granted by the City  religious group. ofThrall. PERMIIT. DENIAL.  After a completed application for permit has been submitted to the Thrall Police Department, an investigation of the applicant and other individuals records and backgrounds shall be performed such as shall be reasonably necessary to protect the public. An application for permit under this chapter may be denied where: 1. Required application information is incomplete or incorrect; 2. Applicant is currently wanted on warrant for arrest.  3. Applicant has been convicted of any offense reportable to the Texas Department of Public Safety or the Federal Bureau of] Investigation or other law enforcement reporting Ifthe' Thrall Police Department denies aj permit, the applicant, within 3 business days, may appeal this decision in writing to the Thrall City Council, which may affirm, modify  systems.  or reverse the decision oft the Thrall Police Department.  PERMIT ISSUANCE/DURATION.  Ift the Thrall Police Department finds that the application is completed in conformance with this ordinance, a permit shall be issued within five working days. The permit shall be a copy oft the original application with an official stamp indicating approval by the Thrall Police Department. Each permit will be valid for six months from date ofissue.  PERMIT - DISPLAY.  Each peddler or solicitor shall carry his or her permit at all times while engaging in business in the City. Upon request or demand, the peddler or solicitor will exhibit the permit to indicate compliance with all oft the relevant requirements oft this ordinance. Each peddler or solicitor who isi issued a permit will also be issued an identification badge. This identification badge will communicate to the citizens ofThrall that the peddler or solicitor has been issued apermit to conduct business in the City. This identification badge shall be worn while engaging in business in the City, and shall be  DENTIFICATION CARD.  visible to the public at all times. PERMIT -NONTRANSFERABILITY.  Permits issued under the provisions oft this ordinance are not transferable in any situation  and will be clearly marked "NOT TRANSFERABLE"    PERMIT SUSPENSION.  The Chiefof] Police or the Chief's designee, upon documented complaint or violation of law, discovery of fraudulent statements, omissions, or improper conduct under the permit, or upon ai reasonable good faith basis deemed necessary to protect the public welfare, health or safety, may suspend and confiscate aj permit issued by this ordinance. Peddlers and solicitors whose licenses are suspended have three (3) business days during which to request an administrative review oft the suspension. Ifrequest for administrative  reviewi is not made within three working days, the permit is revoked.  ADMINISTRATIVE HEARING.  Upon permittee's request, the Chief of Police shall provide the permittee with written notice containing the particulars of complaints against him or her, and the time, date and The City Secretary will conduct an administrative review to determine whether the permit Ifthe City Secretary revokes the permit, the applicant may within three (3) business days appeal this decision in writing to the City Council, which may affirm, modify, or reverse Revocation of any permit shall bar the permittee from eligibility for any person  place for an administrative review oft the suspension.  shall be restored or revoked.  the decision of the City Administrator. associated with the revoked permit.  HOURS. AND PLACES OF SOLICITATIONS.  No peddler or solicitor may conduct activities defined above except between the hours of No peddler or solicitor may: peddle or solicit in public or from medians in the streets, or in any way block, obstruct, or unduly hinder passage on public streets within the City  eight a.m. and sunset.  limits.  NO SOLICITORS SIGNS.  Any peddler or solicitor who conducts or attempts to conduct business at a place where a sign clearly indicates that solicitors or peddlers are unwelcome is in violation ofthis  ordinance.  VIOLATION-PENALTY.    A violation oft this article shall be punishable by a fine ofnot less than Twenty Five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00) except where a different penalty has been established by state law for such offense, and for any violation ofany provision which governs public health or sanitation, which shall be punished by a penalty off fine not to exceed the sum ofTwoThousand Dollars ($2000.00) for each offense. Each and every day such violation is continued shall be deemed a separate offense.  REPEALING CLAUSE.  All provisions ofa any ordinance of the City ofThrall, Texas in conflict with the provisions oft this ordinance are. hereby repealed, and all other provisions not in conflict with the provisions oft the Ordinance shall remain in full force and effect.  SEVERABILITY CLAUSE.  Ifany word, phrase, paragraph, or section ofthis Ordinance would be held to be unconstitutional, illegal or invalid, the same shall not affect the validity oft the Ordinance as a whole, or any part or provision thereof other than the part sO decided tol be  unconstitutional, illegal ori invalid.  The City council hereby finds and declares that written notice of the date, hour, place and subject oft the meeting at which this ordinance was adopted was posted and that such meeting was open to the public as required by law at all times this ordinance and the subject matter hereofwere discussed, considered, and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. READ, APPROVED AND ADOPTED this the 8 day of Mach 2007ata  regular meeting oft the' Thrall City Council.  SEAL  CITY OF THRALL, TEXAS BY: 97 Hc Troy Mark, Mayor  - 44n  AL City Secrefaly    CITY OF THRALL  PEDDLERS/SOLICITORS PERMIIT APPLICATION  NAME OF APPLICANT  PERMANENT ANDI LOCAL ADDRESSES PERMANENT AND) LOCAL: PHONE NUMBERS BIRTHDATE OF APPLICANT PHYSICAL DESCRIPTION LEGAL: BUSINESS NAME PLEASE CHECK ONE:  ADDRESS  PHONE NUMBER  NATURAL: PERSON PARTNERSHIP CORPORATION ASSOCIATION OTHER  SALES TAXI NUMBER  PHONE: NUMBER OF MAIN: INDIVIDUAL IN CHARGE OF THE LOCAL OFFICE WEB ADDRESS OF THE ORGANIZATION, PERSON, GROUP,ETC. BRIEF DESCRIPTION OFI PROPOSED ACTIVITIES  VEHICLE. MAKE MODEL VEHICLE MAKE VEHICLE MAKE VEHICLE MAKE MODEL VEHICLE MAKE VEHICLE MAKE  YEAR YEAR YEAR YEAR YEAR YEAR  COLOR COLOR COLOR COLOR COLOR COLOR  STATE OFI REGISTRATION STATE OF REGISTRATION STATE OF REGISTRATION STATE OF REGISTRATION STATE OFI REGISTRATION STATE OF REGISTRATION  MODEL MODEL  MODEL MODEL    SOLICITORS/PEDDLERS PERMIT APPLICATION  WILLTHE. APPLICANT(S). DEMAND, ACCEPT, ORI RECEIVE! PAYMENT OR THE DEPOSIT OF LIST. ALL MISDEMEANOR AND: FELONY CONVICTIONS OF THE. APPLICANT AND OTHER  MONEY IN. ADVANCE OF FINALDELIVERY7  YES  DNO  INDIVIDUALS INVOLVED INI PROPOSED ACTIVITIES:  BELOW, PLEASE: LIST EACHI INDIVIDUAL (OTHER THAN THE. APPLICANT) THAT WILL: BE  ENGAGING INI PEDDLINGISOLICITING ACTIVITIES: NAME OF INDIVIDUAL ENGAGING IN. ACTIVITIES PERMANENT ANDLOCAL ADDRESSES PERMANENT ANDI LOCAL PHONE NUMBERS  /  BIRTHIDATE PHYSICAL DESCRIPTION THUMBPRINT  NAME OF INDIVIDUAL ENGAGING IN ACTIVITIES PERMANENT. AND: LOCAL. ADDRESSES PERMANENT ANDI LOCAL PHONE: NUMBERS  BIRTHDATE PHYSICAL DESCRIPTION THUMBPRINT  2    SOLICITORSPEDDIERS PERMIT APPLICATION  NAME OF INDIVIDUAL ENGAGING IN. ACTIVITIES PERMANENT ANDI LOCAL. ADDRESSES PERMANENT ANDI LOCAL PHONEI NUMBERS  BIRTHDATE PHYSICAL DESCRIPTION THUMBPRINT  NAME OF INDIVIDUAL ENGAGING IN ACTIVITIES PERMANENT AND: LOCAL. ADDRESSES PERMANENT ANDI LOCAL: PHONE1 NUMBERS  BIRTHDATE PHYSICAL DESCRIPTION THUMBPRINT  NAME OF INDIVIDUAL ENGAGING IN ACTIVITIES PERMANENT AND! LOCAL ADDRESSES PERMANENT ANDLOCAL PHONE: NUMBERS  BIRTHDATE PHYSICAL DESCRIPTION THUMBPRINT  3    SOLICITORS/PEDDLERS PERMIT APPLICATION  ADDITIONAL: INFORMATION: REQUIRED:  1.ACOPY OF AN OFFICIAL, GOVERNMENT-SSUED PICTURE! IDENTIFICATION CARD FOR APPLICANT. AND: EACH INDIVIDUALENGAGED INI PEDDLINGISOLICITING ACTIVITIES.  2. COPIES OFI LITERATURE TOI BEI DISTRIBUTED.  3. REFERENCES:  4. ANY ADDITIONAL INFORMATION YOU CONSIDER TO: BE SIGNIFICANT TO THIS  APPLICATION:  NOTE: IFA APPROVED:  1. THIS APPLICATION WILLI BE VALID: FOR SIX (6) MONTHS AFTER DATE OF ISSUE. 2, IDENTIFICATION BADGES MUST BE WORN (AND VISIBLE) AT ALL TIMES WHILE  CONDUCTING BUSINESS, IN' THE CITY OF THRALL 3. PERMITS AREI NOT TRANSFERABLE. ANDI PEDDLERS ORDINANCE NO.: 3807 SIGNATURE OF APPLICANT  IHAVE: READ. ANDI UNDERSTAND THE CONTENT OF THE CITY OF THRALL SOLICITORS  DATE  ACCEPTED FOR REVIEW AND CONSIDERATION. BY:  THRALL POLICE CHIEF/ /OFFICER  DATE  PERMIT FEE PAID  $  4