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HomeMy WebLinkAboutIR 24-1862INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 24-1862 To the Mayor and Members of the City Council June 4, 2024 Page 1 of 2 SUBJECT: UPDATE ON DOOR-TO-DOOR VENDORS VA 1673 On August 15, 2023, staff provided an overview to City Council on the Door -to -Door Vendor Ordinance via the attached IR. This report provides an update, including responses to questions and concerns from City Council and recommendations on the registration process. The objectives of the Door -to -Door Vendor Ordinance are: 1) to promote the general health, public safety and welfare, as well as the comfort, convenience and protection of the City and its residents by prohibiting door-to-door activity at residences during times when such activity is most intrusive and disruptive to a resident's privacy; 2) to regulate the manner in which any solicitation activities may occur; 3) to promote good order and protect residents from aggressive and intimidating practices; and 4) to require solicitors to register with the City to aid in crime detection and deter deceptive practices and fraud. Below are responses to City Council questions and concerns: 1. Request for enforcement: When a citizen calls or uses the MyFWApp to report a violation of the ordinance, Police officers respond to determine if a violation occurred. During this encounter with the solicitor, the responding officer will verify if the solicitor has the valid registration and may issue citations and/or warnings depending on the circumstances surrounding the incident. 2. Requiring a registration fee: A fee to recover the cost to administer the program/ordinance is allowed. The fee is dependent on the cost for conducting the criminal background check and employees whose direct labor is used in the administration of the ordinance and internal indirect costs, such as printing of identification (ID) cards for door-to-door vendors. The estimated cost for administering the Door -to -Door program is $43.73 per registration. This includes staff wages, benefits, as well as office equipment and supplies. The cost for background checks and identification cards vary as shown on response #4. 3. Providing a no trespassing sticker: During the National Night Out 2023 event, several thousand "No Soliciting, No Trespassing, No Handbills" stickers were distributed. Residents were advised to place the stickers on or next to their front door. A door-to-door vendor shall not engage in solicitation activities at any residence that has a "No Soliciting" or "No Trespassing" sign posted on the property. 4. Conducting criminal background checks: The cost for background checks of vendors are considered a cost to administer the program. Currently, the Police Department (PD) has an agreement with Information Discovery Service (IDS). The total cost for administration of program, background check and identification card are estimated to be about $100.07/48 hour per registration. The Human Resources Department has an agreement with TruView and the total cost for the door-to-door registration including background checks and ID would be approximately $130.91/72 hours per registration. Staff has also looked at Raptor Technology, the system the Fort Worth Independent School District and other local school districts use. The total cost is estimated to be $87.87/30 hours per registration. Background checks involve a search of national criminal databases, accessing various publicly available sources such as courts, county records, state criminal databases, state department of corrections, probation records, parole records, state licensing records, sex offender registries, and terrorist watch list. The results of these searches will uncover details on arrests, charges, types of offenses, convictions, sentences, and probation or parole status. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 24-1862 To the Mayor and Members of the City Council June 4, 2024 Page 2 of 2 SUBJECT: UPDATE ON DOOR-TO-DOOR VENDORS VA 1673 Background Check Options Raptor 30 Hours IDS 48 Hours TruView 72 Hours Search & ID Cost $44.14 $56.34 $87.18 Program Cost 1 $43.73 1 $43.73 1 $43.73 Total 1 $87.87 1 $100.07 1 $130.91 5. Require identification: An identification card or document as proof of registration can be used and may be covered with the registration fee. The identification card is contingent to the background search operating software or other system used. The Raptor system includes printing of a paper identification card, while IDS and TruView print IDs on traditional plastic identification card stock. The costs shown above include the identification card cost for all three options. 6. Tolerance Level: The tolerance level for Fort Worth and other municipalities is zero and in Fort Worth violators are subject to a fine of $500 for each offense. In addition, each day that a violation exists shall constitute a separate offense. 7. Operating hours: Operating outside of the allowed hours of operation of 9:00 a.m. till 7:00 p.m. Central Standard Time and 8:00 p.m. during Daylight Savings Time constitutes a violation of the Ordinance. Recommendations Staff recommends that background checks for door-to-door vendors be allowed by ordinance and that IDS be selected as the service provider. IDS participates with the Texas Multiple Award Schedule (TEXMAS) Program and works with traditional plastic identification card software, rather than paper cards as used by Raptor. The City's Door - to -Door registration is valid for six months and the identification card needs to be durable enough to last six months. In addition, staff recommends that a fee be collected to cover the cost to administer the program. Without objection, staff will workwith the Law Department on an ordinance for City Council consideration on August 13, 2024, to require background checks and ID cards for door-to-door vendors and to add a registration fee to fully cover the City's costs. For questions regarding this information, please contact Janie Scarlett Morales, Development Services Assistant Director, or Executive Assistant Chief Robert Alldredge. David Cooke City Manager Attachment ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 23-0732 To the Mayor and Members of the City Council August 15, 2023 Page 1 of 2 i i7 Y SUBJECT: REPORT ON DOOR-TO-DOOR VENDORS r6 rn Yg7'3 The purpose of this report is to provide information regarding Door -to -Door Vendors, including the registration process, enforcement procedure and an overview of similar regulations in other cities. The Door -to -Door ordinance was adopted on September 17, 2002, and subsequently amended on March 3, 2015, requiring door-to-door vendors to register and prohibiting door-to-door solicitation and the placement of handbills on residential property before 9:00 a.m. and after 7:00 p.m. Central Standard Time, and after 8:00 p.m. during Daylight Savings Time, unless specifically requested by the occupant. The ordinance's primary objective is to promote the general health, public safety and welfare, as well as the comfort, convenience and protection of the City and its residents by addressing when and under what circumstances solicitation may occur to limit the intrusion on the privacy and personal property rights of residents. Door-to-door vendors are required to register with the City. The registration process is managed by the Development Services Department. Registration may be completed online, in person or via an email through the MyFW Customer Relationship Management System. Applicants are required to provide individual or company name, address, a government -issued identification, the name of the business or principle, a description of the nature and character of the goods, services or merchandise to be offered for sale or delivered, the make, model, year, VIN, and the plate number of the vehicle that will be used by the vendor, the vendor's sales tax identification number and the hours during which the vendor intends to operate. The registration is valid for six months. Door-to-door vendors are prohibited from engaging in solicitation activities when the follow circumstances are applicable: (a) At any residence or business that has a "No Soliciting" or "No Trespassing" sign posted on the property. (b) At any residence or business where the door-to-door vendor has been verbally informed that solicitation of food, goods, services or merchandise is not allowed. (c) At any residence before 9:00 a.m. and after 7:00 p.m. Central Standard Time and after 8:00 p.m. during Daylight Savings Time, unless specifically requested by the occupant. Below is the permitting activity as recorded in the Accela permitting system and MyFW Customer Relationship Management System. ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 23-0732 To the Mayor and Members of the City Council August 15, 2023 Page 2 of 2 i i7 Y - SUBJECT: REPORT ON DOOR-TO-DOOR VENDORS r6 rn Yg7'3 Development Services Door -To -Door Permit Applications and MyFW CRM FY19 I FY20 FY21 FY22 FY23 YTD FY23 Projected Accela Applications 598 441 348 158 308 411 MyFW CRM DSD 4 5 0 5 7 The table below provides information on the solicitation ordinances in different Texas cities including Fort Worth based on data collected from each city. Door -To -Door Regulations City Registration Required Regulations* Criminal Check Fee** Fines Fort Worth Yes T/L/N No No $500 Arlington Yes T/H/N Yes $10A $500 Austin No T No No No Burleson Yes H Yes No No Dallas Yes T/D/H/L/N Yes $50A/$10R $500 El Paso Yes R Yes $100A/$40P/$70V $200 Grand Prairie Yes T/D/H No $50A No Irving Yes T/D/H/N No $50A/$10P No Mesquite Yes T/D/H Yes $25A No San Antonio Yes T Yes $25B/$60C/$120F/$180T $500 *D= Days of Operation, H=Holidays, L=Leave when asked, N= No Solicitation Sign, R=Report of Activity, T=Time of Operation **A=Application, B=Background Check, C=Canvasser, F=Foot Peddler, P=Person, R=Replacement Card, T=Truck Peddler, V=Vehicle In summary, all the Cities mentioned have implemented some regulations, with nine of the them including Fort Worth imposing restrictions on operating hours, holidays and requiring registration. Additionally, four cites have regulations requiring compliance with "no solicitation" or "no trespassing" signs, as well as solicitor to leave if asked. Six cities require a criminal history report or a background check and eight of the cities including Fort Worth have entrusted their police departments with the enforcement of their ordinance. For questions regarding this information, please contact Janie Scarlett Morales, Development Services Assistant Director at Janie.morales@fortworthtexas.gov or 817-392-7810. David Cooke City Manager ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS