HomeMy WebLinkAbout030237 ORD - 07/29/2014Ordinance
Amending Chapter 38, Section 22 of the Corpus Christi Code to modify the hours
soliciting is allowed and to prohibit soliciting at homes with no soliciting or
trespass signs; amending Chapter 38, Section 6 of the Corpus Christi Code to
require proof of identification and background checks for peddler, commercial
solicitor and itinerant merchant permittees and deny permits to applicants
convicted of any felony or of any offense involving moral turpitude; amending
Chapter 38, Section 4 of the Corpus Christi Code to require the displaying of
permit; amending Chapter 38, Section 3 and Section 2 of the Corpus Christi Code
to exempt local youth organizations from permitting process; amending Chapter
38, ARTICLE I1. SOLICITATIONS FOR CHARITABLE PURPOSES of the Corpus
Christi Code in its entirety; providing for severance; providing for publication;
providing for penalty; and providing an effective date
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. Chapter 38, Section 22 General regulations, is revised as follows:
Sec. 38 -22. General regulations.
All peddlers, commercial solicitors and itinerant merchants, permitted under the
provisions of this article shall comply with the following rules and regulations which shall
be conditions of the permits:
(1) No peddler or commercial solicitor shall conduct any such business except
. before 9:00 a.m. or after 6:00 p.m. during
standard time, or before 9:00 a.m. or after 7:00 p.m. during davliaht savings time,
without a prior invitation from the occupants of said private residence.
(2) No peddler, commercial solicitor or itinerant merchant shall represent to any
person that any certificate of registration, permit or identification card issued under the
provisions of this article in any manner constitutes an endorsement or approval by the
City of Corpus Christi, Texas, of a product, good or service or of any particular person
or business.
(5) Every peddler, commercial solicitor and itinerant merchant shall prominently
display any certificate of registration or permit issued under the provisions of this article
and shall, upon the request of any person, display any identification card Issued under
the provisions of this article.
(6) No peddler, eF commercial solicitor, or itinerant merchant shall remain on any
private premises or continue any effort to gain entry to any private premises after being
requested by the owner or lawful occupant thereof to depart. FEW- purpeses-ef--this
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(7) No peddler, commercial solicitor. or itinerant merchant shall engage in soliciting
activities at anv residence or business that has a "No Soliciting" or "No Trespassing"
sign posted on the property.
SECTION 2. Chapter 38, Section 6 Permit application, information required, is revised
as follows:
Sec. 38-6. Permit application, information required, and criminal background check.
Every application for a permit required by this chapter shall contain the following:
(1) The name of the applicant and, if applicable, a certified copy of any assumed
name certificate and/or corporate or other legal organization charter of record, together
with proof of the individual's authority to act in behalf of such entity.
(2) The business address and phone number of the applicant.
(3) The full name, phone number, current residence and place of
residence for the five (5) years previous to the date of said application of any individuals
who will engage in the business operations in the city.
(10) Proof of state sales tax certificate, if applicable, and compliance with all other
applicable state and federal requirements for the particular business for which a permit
is requested.
(11) Each applicant shall provide proof of identification through submission of a valid
driver's license or other valid, official government photo identification.
(b)
(1) The applicant must provide all information and any state or federal forms that are
required to obtain a criminal history report for the applicant. In addition to the permit fee,
the applicant will be responsible to cover anv fees imposed by state or federal agencies
for the report.
(2) An applicant and anv individuals who will engage in the business operations in
the city may be denied. revoked, suspended, or denied for renewal if the applicant has
been convicted of anv felony, or of any offense involving moral turpitude.
SECTION 3. Chapter 38, Section 3 Applicability; affirmative defenses, is revised as
follows:
Sec. 38 -3. Applicability; affirmative defenses.
This article shall not apply to the following persons, businesses or conduct or under the
following conditions; provided, however, that it shall not be necessary in the prosecution
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of any violation of this article to negative any of such exceptions or exemptions herein
expressed; but the pleading and proof of the same shall be an affirmative defense in
any such prosecution:
15) Lemonade stands and the like conducted and operated entirely by children under
the age of sixteen (16) and upon the private residential premises of such children.
16) Local youth organizations are exempt from the permitting requirements of this
chapter.
SECTION 4. Chapter 38, Section 4 Permit Required, is revised as follows:
Sec. 38-4 Permit Required.
No person shall engage in the business of selling, offering for sale, renting or
offering for rent any goods or services as a vendor, peddler, commercial solicitor or
itinerant merchant within the City of Corpus Christi without first obtaining a permit
therefor in accordance with the terms and provisions of this article.
When engaged in the business of selling, offering for sale, renting or offering for
rent any goods or services, such permit shall be attached or hung on the vendor,
peddler, commercial solicitor or itinerant merchant so that it is visible to the public and
law enforcement officials.
SECTION 5. Chapter 38, Section 2 Definitions and construction, is revised as follows:
Sec. 38 -2. Definitions and construction.
(a) As used in this article, the following definitions shall apply:
(1) Bay front seawall shall mean the protective retaining wall running along the shore
of Corpus Christi Bay and along Shoreline Boulevard from Buford Street to the
entrance ramp to the barge dock, including the sidewalk thereon.
(2) Business shall mean any marketing activity conducted for the sale or rental of
goods or services for private profit on any premises in this city.
(3) City shall mean the City of Corpus Christi, Texas, or where the context indicates,
the city manager or his designated representative or other authorized
representative of the city.
(4) Commercial solicitor shall mean any person without a permanent business
establishment within the city who takes or offers to take orders for the future
delivery of any goods or services by means of going upon private premises from
house to house or place to place, without the prior expressed request or consent
of the owner or occupant thereof.
(5) Itinerant merchant shall mean any person without a permanent business
establishment within the city who engages in a temporary business of selling,
offering for sale, renting or offering for rent any goods or services from a
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permanent, established structure. Temporary association with an established
resident business or person shall not excuse any itinerant merchant from the
terms of this article.
(6) Local youth organization means an organization that meets all of these
requirements: (i) is a charitable or non -profit entity, or a public or private primary
or secondary school. or a program unit authorized by any such school (such as a
band, athletic team. student club. etc.); and, (li) which raises funds for the
organization by predominantly using children; (iii) has not been accused by any
law enforcement agency of fraud, child labor law violations, or other crime
against residents in the course of soliciting. All local youth organizations must
have a physical address in City of Corpus Christi.
(7) Panhandle means the employment of the spoken. written or printed word or other
acts as are conducted in the furtherance of the purpose of immediately collecting
money or any other item of value for the use of one's self or others.
(6)- Peddler shall mean any person without a permanent business establishment
within the city who sells, offers for sale, rents or offers for rent any goods or
services by means of going upon private premises from house to house or place
to place, without the prior expressed request or consent of the owner or occupant
thereof, and who makes delivery at or near the time of any such transaction.
(-74,19_1 Permanent business establishment means a building or part of a building or
space within a building owned or occupied for use in the operation of an on -going
commercial or industrial enterprise which has been or is intended to be
conducted for more than forty -five (45) days and for which use a certificate of
occupancy has been issued by the city.
10 Person shall mean any individual, firm, company, corporation, organization,
partnership, association or other legal entity.
(9)(11 )Vending unit shall mean any vehicle, stand, cart, craft, or other equipment or
device used by a vendor for the storage or display of goods for sale or rent or in
the actual rendering of services.
12 Vendor shall mean any person who engages in the business of selling, offering
for sale, renting or offering for rent and delivering from stock at or near the time
of sale or rental any goods or services from any vehicle, cart, stand, or other
equipment or device or from his person, from, in or upon any public street, alley,
sidewalk, park, beach or any other public way or premises or from, in or upon
any private premises; and outside a permanent, established structure.
SECTION 6. Chapter 38, Article II. SOLICITATIONS FOR CHARITABLE PURPOSES
of the Corpus Christi Code is hereby amended in its entirety to read as follows:
Article 11. UNLAWFUL SOLICITATION
Sec. 38-40. Definitions
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As used in this Article, the following terms shall have the meanings ascribed to them in
this section, unless the context of their usage clearly indicates another meaning:
(1) Aggressive panhandling means any of the following acts:
1. Making any physical contact with or touching the solicitee in the course of the
solicitation without the solicitee's consent.
2. Following a solicitee, if that conduct is:
A. Likely to cause a reasonable person to fear imminent bodily harm or the commission
of a criminal act upon property in the solicitee's possession or
B. Reasonably likely to intimidate the solicitee into responding affirmatively to the
solicitation.
3. Continuing to solicit after the solicitee has made a negative response to a solicitation,
but does not include a request for reconsideration of the denial of a request for a
commercial or consumer loan under normal business terms.
4. Blocking the safe or free passage of a solicitee or requiring the solicitee, or the driver
of a vehicle to take evasive action to avoid physical contact with the solicitor.
5. Using obscene or abusive language or gestures toward the solicitee.
6. Approaching the solicitee in a manner that:
A. Is likely to cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the solicitee's possession or
B. Is reasonably likely to intimidate the solicitee into responding affirmatively to the
solicitation.
(2) Charitable purpose means any purpose, whether actual or purported, which an
ordinary citizen reasonably could classify as charitable, benevolent, philanthropic,
patriotic, religious, social service, welfare, educational, eleemosynary, cultural, artistic,
or for a public service or association of public servants.
(3) Charitable organization means any person who engages in, or purports to
engage in solicitation for a charitable purpose and includes a chapter, branch, area
office, or similar affiliate or any person soliciting contributions within the city for a parent
charitable organization, but does not include an organization whose primary purpose is
supporting or opposing any candidate for elective office, or influencing the nomination
for election or the election of any candidate for elective office.
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(4) Person means any individual, organization, group, firm, association, partnership,
corporation, company, trust or joint stock association, church, religious sect, religious
denomination, society, or league, and includes any trustee, receiver, assignee, agent or
other similar representative thereof.
(5) Professional fundraiser means any person who for financial compensation or
profit performs for a charitable organization service in connection with which
contributions are, or will be, solicited in this city by the compensated person or by any
compensated person the person employs, procures, or engages to solicit; or any person
who for compensation or profit plans, manages, advises, consults, or prepares material
for, or with respect to, the solicitation in this city of contributions for a charitable
organization. No investment adviser, investment adviser representative, broker - dealer,
or lawyer, accountant, or banker who advises a person to make a charitable contribution
or who provides legal, accounting or financial advice in the ordinary course of a
profession or business shall be deemed, as a result of the advice, to be a professional
fundraiser. A bona fide salaried officer, employee, or uncompensated volunteer of a
charitable organization is not a professional fundraiser.
(6) Public place means an area to which the public has access and includes, but is
not limited to, a sidewalk, street, highway, park, parking lot, parking meter, alleyway,
pedestrian way, or the common area of a school, hospital, apartment house, office
building, bus, bus station, bus stop, bank, restaurant, or business establishment.
(7) Response means any reply or imperative instruction by a solicitee to a solicitor,
the solicitee has been solicited or approached by the solicitor, whether verbal or non-
verbal, to stop the solicitation, including, but not limited to, the use of gestures or words
such as "no," "not today," "stop," "back off," "stay back," "get away," "leave me alone,"
or "withdraw."
(8) Solicit funds or solicitation of funds means any request for the donation of
money, property, or anything 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, or
brochures, upon the representation, express or implied, that the proceeds of such sale
will be used for a charitable purpose as such term is herein defined. Expressly excluded
from the meaning of "solicit funds" or "solicitation of funds" are any offer of membership
in any organization and any solicitation of funds for any purpose either by a
govemmental agency or political subdivision.
(9) Solicitee means any individual to whom a solicitor directs a solicitation.
(10) Solicitor means any person who engages in the act of solicitation.
Section 38-41 Unlawful solicitation.
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(a) It shall be unlawful to solicit funds for charitable purposes between the hours of 6:00
p.m. and 9:00 a.m. during standard time or between the hours 7:00 p.m. and 9 :00 a.m.
during daylight savings time.
(b) It shall be unlawful for any person to solicit funds, directly or indirectly, by the
misrepresentation of names, occupation, financial condition, social condition or
residence of the persons purported to be benefited thereby or of the solicitor, or
misrepresentation of any other material fact.
(c) It shall be unlawful for any person who shall solicit funds for charitable purposes to
represent in connection with such solicitation of fund that the city endorses or approves
of the purposes of such solicitation by the city or any officer or employee thereof.
(d) It shall be unlawful for any person to stand in a roadway to solicit or accept funds
from an occupant of a vehicle without wearing a reflective safety vest.
(e) It shall be unlawful for any person under the age of 16 to stand in a roadway to
solicit or accept funds from an occupant of a vehicle.
(f) It shall be unlawful for any person knowingly to solicit funds from another for a
particular charitable person or purpose after receiving notice that the other person does
not want to be contacted again about contributing to the charitable person or purpose.
(g) It shall be unlawful for any person to solicit funds from another without disclosing to
the potential donor his name, the name and address of the charitable organization on
whose behalf he is soliciting, the name of any professional fundraiser for whom he is
working and a statement that said entity is a professional fundraiser.
(h) Charitable solicitations involving the sale or attempted sale of goods or services
shall be subject to the provisions of the Texas Deceptive Trade Practices Act, and the
provisions of said Act, as amended, are adopted herein by reference.
(i) It shall be unlawful for any person to engage in aggressive panhandling.
Sec. 38-42. Exceptions.
The following are excepted from this Article:
(1) The solicitation of funds for charitable purposes by any organization or
association from its members;
(2) The solicitation of funds for charitable purposes by a person when such
solicitation occurs on premises owned or controlled by the person soliciting funds.
Secs. 38-43 to 38 -50 Reserved
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SECTION 7. If for any reason any section paragraph subdivision clause phrase word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction it shall not affect any other section paragraph subdivision
clause phrase word or provision of this ordinance for it is the definite intent of this City
Council that every section paragraph subdivision clause phrase word or provision
hereof be given full force and effect for its purpose.
SECTION 8. Publication shall be made one time in the official publication of the City of
Corpus Christi as required by the City Charter of the City of Corpus Christi.
SECTION 9. Penalties are as provided in Section 1 -6 of the Code of Ordinances.
SECTION 10. This ordinance takes effect after official publication.
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That the foregoing ordinar r was read for the first time and passed to its second
reading on this the
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
/9-by the following vote:
Chad Magill
Colleen McIntyre
Lillian Riojas UAQA1
Mark Scott
That th Qr'agoing ordi ance was read for the second time and passed finally on this
the ay of , -)-(-)14--, by the following vote:
Nelda Martinez
Kelley Allen
Rudy Garza
Priscilla Leal
David Loeb
PASSED AND APPROVED, this the
ATTEST:
Rebecca Huerta
City Secretary
EFr
r )ATE
Jl+ji
Chad Magill
Colleen McIntyre
Lillian Riojas
Mark Scott
th day of
Nelda Martinez
Mayor
030237
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