§ 16-236. Areas prohibited to peddlers and canvassers; affirmative defense.

(a)

Public property generally. It shall be unlawful for any person to peddle, canvass or solicit or cause or permit to be peddled, canvassed or solicited any tangible property or services on city owned property with the exception of:

(1)

Parks, as provided under the applicable provisions of Chapter 22;

(2)

Sidewalks and where such activities are not prohibited by subsection (b) of this section or section 19-8 of the City Code and;

(3)

Persons and their agents who have contracted for services within the city for sales on the grounds of city-owned property.

(b)

Downtown business district

(1)

Definitions.

Display means any manner in which any person shows, exhibits, demonstrates, presents, or otherwise makes visible goods, merchandise, or service.

Downtown business district has the same meaning as in the Unified Development Code of San Antonio Texas.

Hawk means offering goods, merchandise, or services by calling or crying out.

Inhibit means to cause any person walking or otherwise proceeding to swerve, dodge, change direction, or come to a complete stop to avoid a display, transaction or person involved in vending.

Public property means any real property owned or controlled by the city.

Vend means offering goods, merchandise, or services in exchange for compensation; accepting compensation in exchange for goods, merchandise, or services; or distribution or display of merchandise or commercial advertising matter.

(2)

Vending in the downtown business district prohibited.

a.

It shall be unlawful for any person to peddle, canvass, or solicit or cause or permit to be peddled, canvassed or solicited, any property or services or to hawk, sell, or vend goods, merchandise, or services in the downtown business district on public property, provided that any vending that inhibits pedestrian or traffic flow on adjacent property is prohibited notwithstanding any lease provision or the possession of a validly issued permit.

b.

It shall be unlawful to display or transport merchandise or goods within the downtown business district, outside of areas permitted under subsection (3)c. unless the merchandise or goods are enclosed, covered or not visible during transport.

(3)

Exceptions. The prohibition against vending does not apply to the following:

a.

Vending, on public property leased to a private individual or business, of food and/or beverage services provided that such vending complies with all other laws and the food and/or beverage service does not inhibit pedestrian or traffic flow on adjacent public property and is offered and exchanged solely within stationary eating establishments to patrons seated outside the structure of the building; all other vending offered in such leased areas shall require a permit issued under subsection (3)c.;

b.

Vending of goods, merchandise, or services offered and exchanged solely within the interior of any permanent structure;

c.

Vending goods, merchandise, or services as allowed by any permit from the city which expressly allows operations in the downtown business district;

d.

Wearing nametags, badges, shirts, aprons or other personal clothing attire with company information, logos or other identifying items; or

e.

Vending officially sanctioned by the city as part of a special event sponsored or co-sponsored by the city.

(4)

Permits. Downtown business district vending permits shall be issued annually by the designated city department in accordance with procedures adopted by the city manager or the city manager's designee and such policies shall include, but not be limited to, standards for the amount of space necessary for the issuance of a permit. The city manager or the city manager's designee shall have authority to issue permits solely for real property owned by the city and leased to a private individual or business and such vending shall be merely an ancillary use to and shall be compatible with the main business of the property in which the vending is taking place. The city manager or the city manager's designee shall evaluate each proposed vending location and shall only be authorized to issue permits for those locations which the city manager or the city manager's designee has determined are large enough that vending in those locations would have no effect on adjacent public property. The city manager shall be authorized to adopt policies allowing for singing groups or other group performers to qualify for a group permit provided that such groups always stay together as a unit while exercising their vending rights under the permit and provided that each individual in the group has otherwise satisfied the conditions of obtaining a permit such as the required criminal background check and the wearing of an identifying badge or card. The director of downtown operations shall have authority to immediately suspend, subject to an appeal process to the city manager or the city manager's designee, any such permits in the event that the permittee does not comply with the policies and procedures adopted by city manager or is in violation of this chapter.

(5)

Fees.

a.

A vending permit fee of seven hundred and fifty dollars ($750.00) shall be paid to the city with the submission of each application for a vending permit for one location to pay for the cost of review and verification of accuracy of the application and conformance with the other requirements of this Code. An additional vending permit fee of one hundred dollars ($100.00) shall be paid for each additional location.

b.

A group vending permit fee of seven hundred and fifty dollars ($750.00) shall be paid to the city with the submission of each application for a group vending permit for one location to pay for the cost of review and verification of accuracy of the application and conformance with the other requirements of this Code. An additional vending permit fee of one hundred dollars ($100.00) shall be paid for each additional location.

(6)

Penalties. A person who intentionally, knowingly or recklessly violates any provision of this subsection (b) is guilty of a class C misdemeanor and shall upon conviction be subject to a fine as follows:

a.

A person convicted of a violation of this subsection (b) shall be fined a minimum amount of not less than two hundred dollars ($200.00) per violation and a maximum amount of not more than two thousand dollars ($2,000.00) per violation.

b.

A person convicted of a second or any subsequent violation shall be fined not less than five hundred dollars ($500.00) and not more than two thousand dollars ($2,000.00).

c.

Each violation of this subsection (b) shall constitute a separate offense, and each day an offense continues shall be considered a new violation for purposes of enforcing this subsection (b). Violations shall include convictions and offenses in which deferred adjudication was granted.

(c)

It shall be unlawful for any person other than the actual real property owner to use a license issued under this article to peddle, canvass or solicit or cause to be peddled, canvassed or solicited any tangible property or services on privately owned real property without having on the real property a sworn and notarized written statement authorizing such use from the owner of such real property to include:

(1)

The full street address of the real property;

(2)

The exact nature of the use authorized;

(3)

The specific dates and times such use is authorized;

(4)

The printed name and address of the owner;

(5)

The printed name, address, and position of the owner's authorized representative signing if the owner is not able to sign personally;

(6)

A contact number at which the owner or the owner's representative can be reached at all times the real property is authorized for use; and

(7)

The printed name and address of all persons authorized to use the real property.

The requirements in this subsection are in addition to any other requirements of this Code and shall not be used to nullify, substitute, or override any other subsections or provisions.

(d)

It shall be an affirmative defense to any prosecution under this section that the peddler, canvasser or solicitor operated only off the surfaced portion of a public street, within one thousand (1,000) linear feet of the cemetery, excluding S.W. Military Drive and Mission Road, and not closer than thirty (30) feet to any street intersection provided that it is:

(1)

Easter, Mother's Day, or Father's Day or within three (3) days prior to or three (3) days after such holiday, or

(2)

Between October 27 and November 6 (inclusive) to cover All Soul's Day/All Saints Day,

and provided further that such peddler, canvasser or solicitor operating within one thousand (1,000) feet of San Fernando Cemetery shall not make sales within one hundred fifty (150) feet from the property line of an existing flower shop.

(e)

The sale of flowers shall not be subject to frequency of use restrictions on Castroville Road between General McMullen and Inca Streets on all three (3) days before and all three (3) days after and on Valentine's Day, Easter, Mother's Day, Father's Day, All Souls' Day and All Saints' Day if the vendor has the authorization from the real property owner for such use as required by this section.

(f)

No exception or defense listed in this section shall be a defense in any way to prosecution for a violation of section 19-8 of the City Code.

(Code 1959, § 28-5.6; Ord. No. 51213, § 10, 9-6-79; Ord. No. 51478, § 1, 11-14-79; Ord. No. 51683, § 1, 1-3-80; Ord. No. 56455, §§ 1—3, 1-27-83; Ord. No. 65691, § 17, 9-10-87; Ord. No. 66193, § 1, 12-3-87; Ord. No. 71697, §§ 3, 4, 6-7-90; Ord. No. 85310, § 3, 12-12-96; Ord. No. 88723, § 3, 10-22-98; Ord. No. 90497, § 1, 9-16-99; Ord. No. 94585, § 1, 9-20-01; Ord. No. 2006-11-02-1257, § 2, 11-2-06)