Amendments to: “Solicitors, Charitable

Solicitors, Itinerant Vendors, Handbill Distributors”

RegulationsCollege Station City Council

March 27, 2014

APRIL 2013RESIDENT COMPLAINTS RE:

UNWANTED/ AGGRESSIVE DOOR-TO-DOOR SOLICITORS

CSPD Statistics for Solicitation Calls

2011 = 338 Calls for service2012 = 291 Calls for service2013 = 354 Calls for service

Home SolicitationsDefined

“Home Solicitation” means the business of soliciting, selling, or taking orders for goods or services or distributing commercial printed matter on residential premises

Home Solicitations Chapter 4-1 Proposed Amendments

Objectives:

1. Prohibit during certain times to protect citizens privacy and security of their homes

2. Regulate locations to promote safety and minimize congestion.

3. Regulate solicitation manner to protect citizens from aggressive and intimidating practices.

4. Require home solicitors to register with the City and wear City-issued badge while soliciting

Home Solicitations Chapter 4-1 Proposed Amendments

Prohibitions:

1. It is unlawful for a person 14 years of age or older to solicit at a residence, unless requested, without first registering with the city and obtaining an identification badge

2. No residential solicitation before 9:00a.m. or 30 minutes after sunset Monday through Sunday, or at any time on a federally observed holiday

3. No residential solicitation where “No Solicitation” signage is provided at or near the primary entrance

4. Solicitation only allowed at the primary entrance to a residence.

Home Solicitations Chapter 4-1 Proposed Amendments

Defenses:

1. Educational Solicitations at invitation of the property owner or occupant

2. Political solicitations

3. Newspaper sales -owner/occupant request

4. Charitable

5. Religious

Home Solicitations Chapter 4-1 Proposed Amendments

Defenses:

6. Before taking any enforcement action under this section, a police officer or code compliance officer must ask the reason for the person being on the premises and consider whether a defense applies.

7. A violator may be fined up to $500

Home Solicitations Chapter 4-1 Proposed Amendments

Certificate of Registration:

If applicant is a company, application must include:

1. Name, address, and telephone number of the company and its officers.

2. Date and place of establishment of the business.

3. Name, address, and telephone number of each solicitor working for the applicant.

4. Description of the goods or services solicited.

5. Dates, times, locations, and methods of solicitations.

6. Applicant’s criminal history and authorization for city to obtain a criminal history report.

7. Proof of any required licenses or permits to operate the business.

Home Solicitors (Possible Amendments

– Cont.) Certificate of Registration:

Home Solicitors (Cont.)Certificate of registration

If the applicant is an individual, application must include:

1. Applicant’s name, address, telephone number, date of birth, and driver’s license (or ID card) number.

2. Names, addresses, and telephone numbers of applicant’s employers, employees, and agents.

3. Current photograph of applicant.

4. Names of other communities where applicant has worked as a home solicitor.

5. Description of the goods or services solicited.

6. Dates, times, locations, and methods of solicitations.

7. Applicant’s criminal history and authorization for city to obtain a criminal history report.

8. Proof of any required licenses or permits to operate the business.

Home Solicitors (Cont.)Certificate of registration:

Home Solicitors (Cont.)Certificate of Registration Fees

1. Nonrefundable registration fee will be charged - $50 (Concurrent renewal $25)

2. Certificate of registration expires 30 days; is non-transferable.

3. Must notify City of any material changes in initial registration information: changes in Registrant’s employer, employees, or agents.

4. Certificate of registration must be issued within 3 business days after application unless applicant:

1. Provided false information.

2. Was convicted of homicide, kidnapping, specified sexual offenses, specified assaults, robbery, burglary, or theft or fraud committed while soliciting and less than two years for a Misdemeanor (or five years for a felony) have elapsed since the conviction or releasefrom confinement.

3. Failed to meet other specified qualifications.

Home Solicitors (Cont.)Certificate of Registration Denial

Home Solicitors (Cont.)Aggressive Solicitation

1. Making any contact or touching a person during solicitation

2. Approaching or following a person in an intimidating manner

3. Continued solicitation after a negative response

4. Blocking the safe or free passage of a person being solicited

5. Using obscene or abusive language toward the solicited person

Home Solicitors (Cont.)Solicitation Prohibited

1. In an aggressive manner in a public area

2. In a bus or at a bus stop

3. Within 25 feet of the following areas where the public may be vulnerablea. automated teller machineb. entrance or exit of a bankc. entrance or exit of a check cashing businessd. entrance or exit of a credit access businesse. self-service car wash or fuel pumpf. parking meter or parking pay stationg. a public parking garageh. a marked crosswalki. entrance or exit of a restaurant or patio area of a bar