HomeMy WebLinkAboutOrdinance 15245,.
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09'18-02 A09 49 IN
ORDINANCE NUMBER i ~ ~ ~-S
AN ORDINANCE AMENDING THE CODE OF THE CITY OF
FORT WORTH, BY AMENDING CHAPTER 20, "LICENSES,
MISCELLANEOUS BUSINESS REGULATIONS", ARTICLE IV,
"VENDORS", DIVISION 1, "ITINERANT VENDORS", TO
CHANGE THE NAME OF DIVISION 1 TO "DOOR-TO-DOOR
VENDORS", AMENDING SECTIONS 20-141 THROUGH 2O-144
TO APPLY TO DOOR-TO-DOOR SALES ONLY AND TO
REQUIRE THE REGISTRATION OF ALL DOOR-TO-DOOR-
VENDORS; REPEALING SECTIONS 20-145 THROUGH 2O-148;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
The Code of the City of Fort Worth, Texas (1986), as amended, Chapter 20, "Licenses and
Miscellaneous Business Regulations", Article IV "Vendors", Division 1, "Itinerant Vendors", is
amended by changing the name of Division 1 to "Door-to-Door Vendors", amending Sections
20-141 through 20-144 as set out below, and repealing Sections 20-145 through 20-148, so that
hereafter said Division 1 shall read as follows.
Section 20-141. Definition.
For the purpose of this article, "door-to door vendor" means a person who travels by foot
or vehicle, from door-to-door, house-to-house, building-to-building, or place-to- place,
within the city, for the purpose of offering for sale, or soliciting orders for future delivery,
of food, goods, services, or merchandise.
Section 20-142. Registration certificate.
It shall be unlawful for adoor-to-door vendor as defined in section 20-141 of this Code to
engage in such business within the city without first registering with the city and
obtaining a registration certificate.
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The registration certificate must be carried by the vendor when engaging in vending
activities. No registration fee shall be charged for the issuance of a registration
certificate.
Section 20-143. Registration information.
Each door-to-door vendor shall be required to provide the following registration
information
1 Name and address as indicated on a government issued form of identification,
2. If acting as an agent or employee, the name and business address of the
employer or principal,
3 A brief description of food, goods, services or merchandise to be sold,
4 The hours and location of the vending activity;
5 The model, make, year, and license plate number of the vehicle to be used by
the vendor; and
6 The vendor's Sales Tax Identification Number
Section 20-144. Regulations.
A door-to-door vendor shall not engage in vending activities.
1 At any residence or business that has a "No Soliciting" or "No Trespassing"
sign posted on the property;
2. At any residence or business where the door-to-door vendor has been verbally
informed that no solicitation of food, goods, services, or merchandise is
allowed.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of
Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in
direct conflict with the provisions of such ordinances and such Code, in which event conflicting
provisions of such ordinances and such Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
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sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph
or section.
SECTION 4.
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply
with or who resists the enforcement of any of the provisions of this ordinance shall be fined not
more than Five Hundred Dollars ($500 00) for each offense. Each day that a violation exists
shall constitute a separate offense.
SECTION 5.
All nghts and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all
violations of the provisions of Ordinance No. 3011, Ordinance No. 13896 or any other
ordinances affecting zoning which have accrued at the time of the effective date of this
ordinance, and, as to such accrued violations and all pending litigation, both civil and crirrunal,
whether pending in court or not, under such ordinances, same shall not be affected by this
ordinance but may be prosecuted until final disposition by the courts.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V T C.A. Local Government Code Subsection 52.013
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SECTION 7.
This ordinance shall take effect upon adoption and publication as required by law
APPROVED AS TO FORM AND LEGALITY
David Yett, City Attorney
By ~Gt~G~. . ~ ~v ~-
Assistant ity Attorney
ADOPTED~f-!/7 D L--
EFFECTIVE. `-~-01, ~ ~L
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City of Fort Worth, Texas
Mayor and Council Communication
9/17/02
G-13743
12VENDORS
E
1 of 2
5ues~tc;i ADOPTION OF ORDINANCE AMENDING CITY CODE SECTIONS 20-141 THROUGH
20-144 TO REGULATE THE DOOR-TO-DOOR SALES OF FOOD, GOODS, SERVICES
OR MERCHANDISE WITHIN THE CITY LIMITS OF FORT WORTH, AND DELETING
SECTIONS 20-145 THROUGH 2O-148 IN THEIR ENTIRETY
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance amending City Code Sections
20-141 through 20-144 of Chapter 20, "Licenses, Miscellaneous Business Regulations", Article IV,
Division I, "Itinerant Vendors" to apply only to the door-to-door sales of food, goods, services or
merchandise within the city limits of Fort Worth, and that Sections 20-145 through 20-148 be deleted in
their entirety
DISCUSSION
During the process of reexamining the current mobile vendor ordinance to reach a compromise on
issues raised by mobile vendors, other City Code regulations relating to mobile vending were
evaluated It was determined that the language in the Zoning Ordinance and the City Code should be
consistent in order to ease the process of obtaining a permit for mobile vending in the City In order to
provide continuity in the City Code, and to clarify what type of vendor permit is required for vendor
activities in the City, staff is recommending that Sections 20-141 through 20-144 be amended to apply
to door-to-door sales only, and that Sections 20-145 through 20-148 be repealed
Sections 20-141 through 20-148 of Chapter 20, "Licenses, Miscellaneous Business Regulations",
Article IV, "Vendors", Division I, "Itinerant Vendors" of the City Code require itinerant vendors who
engage in the temporary business of selling and delivering goods, wares and merchandise in the City
from a building, motor vehicle, tent, railroad boxcar, boat, public room in a hotel, lodging house,
apartment, shop, streets, alleys, or other places in the City to obtain aforty-day license In order to
obtain the license, the vendor must pay the City a license fee of $60, provide a statement showing the
kind and character of the goods, wares or merchandise to be sold, and post a bond, with two or more
sureties acceptable to the City, of not less than $1,000 This ordinance requires the assessor-collector
of taxes to issue the license The Finance Department currently issues this license, and last year
collected about $7,000 in fees
Chapter 5, Article 4, Section 5 406 of the Zoning Ordinance requires vendors who sell merchandise
from an informal fixed location to obtain a Vendor Certificate of Occupancy The certificate is valid for
one year, and no bond is required The Vendor Certificates of Occupancy are issued by the
Development Department.
Sections 30-3, "Displaying Goods, Wares, etc." and 30-4, "Soliciting Trade or Patronage" of Chapter 30,
"Streets and Sidewalks" of the City Code, prohibit any person to place upon or display any goods,
wares or merchandise or to solicit trade or patronage for any business on a public street or sidewalk in
the City, or while in any doorway, stairway, window or opening of any kind or character whatsoever
This is in contrast to the present language of Sections 20-141 through 20-148 that appears to allow
sales to occur on City streets
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City of Fort Worth, Texas
Mayor and Council Communication
DATE
9/17/02 REFERENCE NUMBER
G-13743 LOG NAME
12VENDORS PAGE
2 of 2
suB~ECT ADOPTION OF ORDINANCE AMENDING CITY CODE SECTIONS 20-141 THROUGH
20-144 TO REGULATE THE DOOR-TO-DOOR SALES OF FOOD, GOODS, SERVICES
OR MERCHANDISE WITHIN THE CITY LIMITS OF FORT WORTH, AND DELETING
SECTIONS 20-145 THROUGH 2O-148 IN THEIR ENTIRETY
The proposed amendments to the current ordinance would require all door-to-door vendors to register
with the City and provide their name and address, a brief description of the items for sale, the hours and
location of the vending activity, their sales tax identification number, .and their motor vehicle model and
license plate information No permit fees or bond would be required The vendor is prohibited from
engaging in vending activity at any residence or business where a "No Soliciting" or "No Trespassing"
sign is posted, or where the owner verbally informs the vendor that no solicitation is allowed The
ordinance would delete any reference to selling on streets and sidewalks to correspond to Sections 30-3
and 30-4 of the City Code, as referenced above
All other vendors, (except those selling door-to-door), would be required to obtain cone-year Vendor
Certificate of Occupancy from the Development Department, as outlined in the Zoning Ordinance
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 6183
Originating Department Head:
David Yett 7623 (from) APPROVED 9/17/02
ORD #15245
Additional Information Contact:
David Yett 7623