OR 97-794 Peddlers & solicitors including requirements for permits AN ORDINANCE OF THE, CITY OF COPPELL, TEXAS
ORDINANCE NO. 97794
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 6,
ARTICLE 6-2 PROVIDING REGULATIONS FOR PEDDLERS AND
SOLICITORS; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABllJTY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH
OFFENSE, 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 THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE, CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. That the Code of Ordinances of the City of Coppell, Texas be, and the same is
hereby amended by amending Chapter 6, Article 6-2 in part to provide regulations for peddlers and
solicitors to read as follows:
"ARTICLE 6-2 PEDDLERS AND SOLICTFORS
Sec. 6-2-1 DEFINITIONS
The following words and phrases shall have the meanings respectively ascribed
to them by this Article:
Charitable Purpose. Shall mean philanthropic, religious or other non-profit
objectives, including the benefit of poor, needy, sick, refugee or disabled
persons; the benefit of any church or religious society, sect, group or order; the
benefit of a patriotic or veterans' association or organization; the benefit of any
~atemal, social or civic organization, or the benefit of any educational
institution. Charitable purpose shall not be construed to include the direct
benefit of the individual making the solicitation. Charitable purpose shall not be
construed to include the benefit of any political group or political organization
which is subject to financial disclosure under state or federal law.
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Consumer. An individual who seeks or acquires real or personal property,
services, money, or credit for personal, family, or household purposes.
Consumer Transaction. A sales transaction in which one or more of the parties
iS a constimer.
Handbills. Shall mean any printed or written matter, any sample or device,
circular, flyer, leaflet, pamphlet, paper, booklet, or any other printed matter of
literature which is not delivered by United States mail.
Home Solicitation Transaction. A consumer transaction for the purchase of
goods, services, or realty, payable in hstallments or in cash, in which the
merchant engages in a personal solicitation of the sale to the consumer at a
residence, and the consumer's agreement or offer to purchase is given at the
residence to the merchant. A home solicitaf~on transaction shall not include a
sale made pursuant to a preexisting revolving charge account or retail charge
agreement, or a sale made pursuant to prior negotiations bet~veen the panics at
a business establishment at a fixed location where goods or services are offered
or exhibited for sale; or a sale of realty in which transaction the purchaser is
represented by a licensed attorney or in which the transaction is being
negotiated by a licensed real estate broker.
Residence. Any separate living unit occupied for residential purposes by one or
more persons, contained within any type of building or structure.
Solicit Funds or Solicitation of Funds. Any request for the donation of money,
property, or any thing of value, or the pledge of a future donation of money,
property, or anything of value; or the selling or offering for sale of any
property, real or personal, tangible or intangible, whether of value or not,
including but not limited to, goods, books, pamphlets, tickets, publications or
subscriptions to publications. Expressly excluded fi~om the meaning of solicit
funds or solicitation of funds is any offer of membership in any organization. A
solicitation of funds is any offer of membership in any organization. A
solicitation of funds is complete when the solicitation is communicated to any
individual then located within the corporate limits of the City.
Sunset. The time of day published on the weather page of the Dallas Morning
News newspaper for sunset on that day in the City of Dallas, Texas.
See. 6-2-2 PERMIT; REGISTRATION REQUIRED
No person, d'trectly or through an agent, shall canvass or solicit in person from
house-to-house in the City to sell or attempt to sell goods, merchandise, wares,
services, or anything of value or to take or attempt to take orders for the future
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delivgry of goods, merchandise, wares, or any personal propmy of any nature
whatsoever, or take or attempt to take orders for services to be furnished or
performed in the future, or distribute handbills without first having obtaine~ a
written permit, or to solicit funds for charitable purposes without first having
registered with the City.
See. 6-2-3 NON-CHARITABLE SOLICITATIONS PERM1T
A. Al~Dlication. Any person desiring to canvass or solicit in person ~om
house-to-house in the City to sell or attempt to sell goods,
merchandise, wares, services, or anything of value or to take or attempt
to take orders for the future delivery of goods, merchandise, wares, or
any personal propmy of any nature whatsoever, or take or attempt to
take orders for services to be furnished or performed in the future or to
make home solicitation transactions within the City shall make written
application, on a form provided by the City, to the Chief of Police for a
permit which shall include at least the following:
1. The name of applicant;
2. Whether the applicant is a natural person, partnership,
corporation, or association; and,
a. Ira natural person, the Applicant's full name; residence
and/or business address, telephone number; driver's
license number and state of issuance and social security
number.
b. If a partnership, the name and address of all partners,
and the principal business address.
c. If a corporation, the date and place of incorporation,
the mailing address, business address, telephone
number, name of the main individual in charge of the
local office of such corporation, if any, and the names
of all officers, directors or trustees of said corporation.
d. If an association, the association's business address and
telephone number, the names business or residence
address and telephone number of all members of the
association unless they exceed ten (10) in number, in
which case the applicant may alternatively list the
names, business or residence address and telephone
number of the officers and directors or trustees of the
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association. If the association is part of a multi-state
organization or association, the address of its central
office and local address of the parent organization.
3. The names, mailing address and telephone number of
all individua/s who will be in direct charge or control of
the solicitation;
4. The time period within which the solicitation is to be
made, giving the date of the beginning of solicitaflon
and its conclusion; and how ofl~en the applicant will
solicit during-the specified time period;
5. A description of the methods and means by which the
solicitation is to be accomplished;
6. Names of any other cities in which the applicant has
made solicitations during the previous twelve (12)
momhs;
7. The nature of the merchandise to be sold or offered for
sale, or the nature of the service to be furnished;
8. Whether applicant will demand, accept, or receive
payment or the deposit of money in advance of final
delivery;
9. Where required by law, a current Texas sales tax
permit number;
10. If the applicant is unable to provide any of the
foregoing information, an explanation of the reasons,
why such information is not available.
11. Name, address, telephone numbers and social security
numbers of each adult who will be responsible for
supervising any juvenile solicitor (under 17 years of
age); and
12. When the applicant will be represented by more than
one (1) person the applicant shall include the name,
address and telephone number for each solicitor
employed, and a permit is required for each person
who will solicit for the applicant.
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13. Whether the applicant, or any person employed by
applicant to solicit has ever been convicted of a felony
or a misdemeanor involving moral turpitude.
B. Signature
The application must be signed by the applicant if the person is
an individual; if the person applying is a partnership, by the
partner charged with the disbursement of funds; if the person
applying is a corporation or an association, by its officer
charged with disbursement of funds. Applicant shall also
provide satisfactory written proof of authority to rapresent the
company or individual. The individual signing the application
must acknowledges that the applicant has carefully read the
application and that all the information comained therein is true
and correct.
C. Fees.
The application shall be accompanied by a non-refundable
permit fee established by resolution of the City Council and no
permit hereunder shall be issued until such fee has been paid by
the applicant. A permit fee shall be requ'tred for each person
making a solicitation for the applicant.
Sec. 6-2-4 CHARITABLE SOLICITATIONS REGISTRATION
A. All persons des'n'ing to solicit funds for charitable purposes in
the City shall file with the Chief of Police a registration
statement on forms provided by the City.
B. The solicitation of funds for charitable purposes by an
organization or association from its members, or the
solicitation of funds for chadtable purposes by persons when
such solicitation occurs on premises owned or controlled by the
person soliciting funds, or with the permission of the person
who owns or controls the premises, when previously invited to
the premises for solicitation, is exempt from this section.
Sec. 6-2-5 EXE1VIFFIONS
The provisions of this Aa'~de do not apply to public utility companies
or others operating under franchises granted by the City, nor to
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insurance salesman, real estate salesmen, and others licensed by the
state.
Sec. 6-2-6 ISSUANCE OF PERMIT; CERTIFICATE OF
REGISTRATION; DISPLAY.
After review of the registration or permit application, as the
case may be, to determine compliance with this Article, and
within ten (10) working days of the receipt of the same, the
Chief of Police or designee shall either issue a certificate of
registration or permit, as provided in this Article, or notify the
applicant that the application for registration or permit does not
comply with the requirements of this Article and specifically
identify what information or explanation has not been furnished
that is required before a permit or certificate of registration can
be issued. The registration certificate and permit shall contain
the time period for which solicitation has been permitted.
B. It shall be unlawful for any person to engage in charitable or
non-charitable solicitations without having the permit or
registration provided by the City visibly displayed on the upper
fi'ont portion of such person. It shall be unlawful for any
person engaged in charitable or non-charitable solicitations to
fail or refuse to show or display such permit or registration
upon the request of any person demanding the same. It shall be
unlawful for any person to display a permit or registration
which has expired, been revoked or which has been issued by
the City for another person.
Sec. 6-2-7 REVOCATION; APPEAL
A. Failure to comply with any of the provisions of this Article shall
constitute grounds for revocation of any permit or registration
issued in accordance with the provisions of this Article.
Written notice of revocation shall be given to the person by
registered or certified mail.
B. Any person whose application for a permit or registration has
been denied or whose registration or permit is revoked may
appeal such action to the City Manager, or designee, by
submitting a written request to the City Manager's Office
within ten (10) working days after denial or revocation as the
case may be. A hearing shall be held within fifteen (15)
working days atter the date of receipt of the notice of appeal.
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The City Manager, or designee shall render a decision within
one (1) day of the hearing. The decision of the City Manager
or designee shall be final.
Sec. 6-2-8 TRANSFER OF PERMIT PROHIBITED.
A permit or registration issued under the provisions of this Article shall
not be assigned or transferred to any person, corporation, association,
or other entity. Any attempt to assign or transfer a permit or
registration issued by the City shall be cause for revocation.
Sec. 6-2-9 HOURS OF SOLICITATION.
A. It shall be unlawful for any person to place or leave a hand bill
or to conduct a charitable or non-charitable solicitaf~on or to
solicit funds or go upon any residential premises and ring the
doorbell, or rap, or knock upon the door, or create any sound
in a manner calculated to attract the attenfton of the occupant
of the residence for the purposes of engaging in or attempt to
engage in a home solicitation:
1. Before 9:00 AM or after thirty (30) minutes following
sunset of any day, Monday through Saturday;
2. At any lane on a Sunday, New Year's Day, July 4th,
Labor Day, Thanksgiving Day, or Christmas Day.
B. This section does not apply if the vendor or solicitor is on the
property by prior invitaf~on of the resident or occupant of the
premises.
Sec. 6-2-10 EXHIBITING CARD PROHIBITING SOLICITORS AND/OR
HANDBILLS.
A. A person, desiring that no merchant or other person engage in
a, charitable or non-charitable, solicitation, or home solicitation
or place handbills or other advertisement at such person's
residence, shall exhibit in a conspicuous place upon or near the
main entrance to the residence a weatherproof card, not less
than three inches by four inches (Y' x 4") in size containing the
words, "NO SOLICITORS". The letters shall not be less than
two-thirds of an inch (2/3") in height. No person shall engage in
a charitable or non-charitable solicitation, a home solicitation or
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affix, deposit, or otherwise leave handbills on or about said
residences displaying a "NO SOLICITORS" card.
B. Every merchant or other person intending to engage in a
charitable or non-charitable solicitation or to pla~e handbills,
going onto any premises upon which a residence is located
shall first examine the residence to determine if any notice
prohibiting solidfrog is exhibited upon or near the main
entrance to the residence. If notice prohibifmg soliciting is
exhibited, the merchant shall immediately depart from the
premises unless the visit is the result of a request made by the
occupant.
C. No person shall go upon any residential premises and ring the
doorbell, or mp or knock upon the door, or create any sound in
a manner calculated to attract the attention of the occupant of
the residence, for the purpose of securing an audience with the
occupant and engaging in or attempting to engage in a
charitable solicitation, non-charitable solicitation or home
solicitation transaction, or place handbills if a card as described
in "subsection A" above is exhibited in a conspicuous place
upon or near the main entrance to the residence, unless the visit
is a result of a request by the occupant.
Sec. 6-2-11 SALE OF MERCHANDISE ON PUBLIC RIGHT-OF-WAY;
CITY PARKS; MOBH,E VENDORS.
A. It shall be unlawful for any person to peddle, solicit, sell, offer
for sale, or exhibit for sale any merchandise upon any public
sidewalk, street, street fight-of-way, parkway, or other public
right-of-way, except that it shall be lawful for any persen to
engage in mobile vending operation involving food produets
upon any street, public street, street right-of-way, provided
such person has previously obtained a solicitor's permit and a
health permit from the City and under the conditions set forth
in this section.
B. No person shall engage in or attempt to engage in any mobile
vending operation involving food products, on any public street
which is not residential in character or on any street which
includes four (4) or more marked traffic lanes or within any
City park.
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C. No person shall engage in or attempt to engage in any mobile
vending operation involving food products unless such person
has in his or her immediate possession a valid sulicitor's permit
and health permit issued by the City.
D. Any person engaged in or who attempts to engage in mobile
vending operations involving food products shall stop the
motor vehicle only in immediate response to a direct request
from a potential customer and for a period not to exceed fffieen
(15) minutes.
E. Any persun engaged in mobile vending operations involving
food products shall comply with all traffic laws and parking
regulations. Sales and deliveries of products shall not be made
from any part of the vehicle away from the curbside.
F. Notwithstanding the provisions of this section, a person may
sell or offer for sale any food, drinks, confections, merchandise,
or services within the limits of any City park if such person has
a written agreement or a permit issued by the City.
Sec. 6-2-12 HANDBILLS ON PUBLIC PROPERTY.
It shall be unlawful for any person to paste, stick, or place any
advertisement, handbill, placard, printed, pictures or written matter or
any device for advertising purposes upon any fence, railing sidewalk,
telephone, electric HHght or public utility pole, or other public property,
or to knowingly permit the same to be done.
See. 6-2-13 CHARITABLE SOLICITATIONS ON PUBLIC RIGHTS-OF-
WAY
Persons holding a charitable solicitation registration certificate may
conduct charitable solicitations in and upon public fights-of-way within
the City, subject to the following:
A. No such charitable solicitations shall be conducted upon or
within the right-of-way of any street or roadways that are
designated as an interstate highway, a state highway or farm to
market road.
B. Persons planning to conduct charitable solicitations in or upon
public rights-of-way shall at the time of application for a
registration certificate, idemify in writing to the Chief of
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Police, all locations for the planned solicitations for review of
safety conditions and approval prior to any such solidtation,
with such approval subject to revocation based on traffic safety
conditions.
C. Charitable solicitations shall be conducted only during hours of
daylight and shall be conducted no more than one consecutive
thirty-six (36) hour period each year per organization.
D. No person under eighteen (18) years of age shall conduct any
solicitation in or upon public rights-of-way.
E. Applicants for a charitable solicitation certificate of registration
who contemplate conducting any solicitation in or upon public
rights-of-way shall, prior to conducting any such solicitation,
furnish the City with a certificate of insurance complying with
the standards established by the City and execute a waiver of
liability in favor of the City on a form provided by the City.
F. Person conducting such solicitations shall, at all ftmes during
which the solicitation is being conducted, wear traffic safety
vests.
G. Each organization conducting charitable solicitations in or upon
public rights-of-way shall designate a person to be in charge of
and responsible for each intersection and/or portion of public
right-of-way upon which such solicitation is to be conducted.
Sec. 6-2-14 EXPIRATION OF SOLICITATION PERMIT OR
REGISTRATION
Each certificate of registration or solicitation permit issued by the City
shall expire at the termination of the period specified in the certificate
or permit or one (1) year fi-om the date of issuance, whichever is
earlier.
See. 6-2-15 FALSE INFORMATION
It shall be unlawful for any person to file a false application for a
solicitation permit or registration certificate with the City.
Sec. 6-2-16 PROHIBITED CONDUCT.
A person engaged in a charitable or non-charitable solicitation shall not:
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A. misrepresent the purpose of the solicitation or offer to sell;
B. misrepresent the affiliation of the vendor or solicitor;
C. continue efforts to sell to or solicit from an individual once that
individual informs the vendor or solicitor that he does not wish
to give anything to or to buy anything fi'om that vendor or
solicitor.
D. represent the issuance of any permit or registration by the City
as an endorsement or recommendation of the sale or
solicitation;
E. solicit for a purpose other than set out in the application upon
which the permit was issued.
SECTION 3. That all provisions of the Code of Ordinances of the City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and aH other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 4. That should any word, phrase, paragraph, section or phrase of this ordinance
or of the Code of Ordinances, as amended hereby, be held to be unconstitutional, illegal or invalid, the
same shall not affect the validity of this ordinance as a whole, or any pan or provision thereof other
than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Code of Ordinances as a whole.
SECTION 5. An offense committed before the effective date of this ordinance is governed by
prior law and the provisions of the Code of Ordinances, as amended, in effect when the offense was
committed and the former law is continued in effect for this purpose.
SECTION 6. That any person, firm or corporation violating any of the provisions or terms of
this ordinance or of the Code of Ordinances, as amended hereby, shall be guilty of a misdemeanor and
upon conviction in the Municipal Court of the City of Coppell, Texas, shall be subjected to a fine not to
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exceed the sum of Five Hundred Dollars ($500.00) for each offense, except where a different penalty
has been established by State law for such offense, and for any violation of any provision which
governs public health or sanitation, which shall be punished by a penalty of fine not to exceed the sum
of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation is
continued shall be deemed to constitute a separate offense.
SECTION 7. That this ordinance shall take effect immediately ~om and after its passage and
the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the /-3 //i day of
APPROVED:
-'I~OM MORTON, MAYOR
ATTEST:
APPROVED AS TO FORM:
PETER G. StvnTH, C~TY ATTORNEY
(PGS/t~ 4/29/97)
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