§ 27-1. Definitions.

The following words and phrases, when used in this chapter, shall have the meanings ascribed by this section:

Applicant means the person that applies for an identification card.

Automated teller machine or ATM means a device linked to the financial institution's accounts records, which is able to carry out banking transactions, including account transfers, withdrawals, deposits, and balance inquiries, and is capable of dispensing cash.

Automated teller machine facility means the area comprised of one (1) or more automated teller machines and any adjacent space made available to banking customers after regular banking hours.

Car title loan business means an establishment that makes small consumer loans that leverage the equity value of a car or other vehicle as collateral where the title to such vehicle is owned free and clear by the loan applicant and any existing liens on the car or vehicle cancel the application. Failure to repay the loan or make interest payments to extend the loan allows the lender to take possession of the car or vehicle. This definition excludes a state or federally chartered bank, savings and loan association, or credit union, or a pawnshop, convenience store, or supermarket.

Check cashing business means an establishment that provides to the customer an amount of money that is equal to the face of the check or the amount specified in the written authorization for an electronic transfer of money, less any fee charged for the transaction, and

(1)

Where there is an agreement not to cash the check or execute an electronic transfer of money for a specified period of time; or

(2)

The business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose for compensation by any person or entity other than a retail seller engaged primarily in the business of selling consumer goods, including consumables to retail buyers; or

(3)

That cashes checks or money orders or issues money orders or money transfers for a minimum flat fee as a service that is incidental to its main purpose or business, provided such retailer does not cash more than one hundred (100) checks in any calendar month.

This definition excludes a state or federally chartered bank, savings and loan association, or credit union, or a pawnshop, convenience store, or supermarket.

City means the City of Irving, Texas.

Director means the director of the department designated by the city manager to enforce and administer this chapter or the director's authorized representative.

Handbill means any printed or written matter, any sample or devices, dodger, circular, leaflet, pamphlet, paper, booklet, or any other similar item, except a newspaper that is sold by the copy or subscription to a person or occupant of a premise.

Identification card means a card issued by the city pursuant to this chapter and in the form prescribed by the director.

Nondepository financial institution means any check cashing business, payday advance loan business, or car title loan business, as defined in section 38-1 of the the Code of Civil and Criminal Ordinances of the City of Irving, Texas.

Pay telephone means any coin-operated, or credit card, debit card, or phone card reader telephone that is accessible and available for use by the general public.

Person means any individual, corporation, business trust, estate trust, partnership, association, two (2) or more persons having a joint or common interest, or any other legal or commercial entity.

Public property or public place means any property open or devoted to public use or owned by the city and any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes including any curb, median parkway, shoulder, sidewalk, alley, drive, or public right-of-way.

Public transportation stop means an area officially marked and designated as a place to wait for a bus, light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis.

Private premises means any dwelling, house, building or other structure, designed or used either wholly or in part for private residential purposes whether occupied or vacant and shall include any yard, grounds, walls, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.

Registrant means a person issued an identification card pursuant to this chapter.

Roadway means the paved portion of a public street.

Self-service car wash means a structure at which a vehicle may be manually washed by its owner or operator with equipment that is activated by the deposit of money, credit card, or debit card into a machine and that is available and accessible for use by the general public.

Self-service fuel pump means a fuel pump from which a vehicle may be manually filled with gasoline or other fuel directly by its owner or operator without the aid of an employee or attendant of the premises at which the fuel pump is located, except for the payment for the fuel, and that is available and accessible for use by the general public.

Solicitation or soliciting means the act of asking, bartering, or communicating in any other such manner, whether orally, in writing, hand signing, or any other method, either directly or by implication, for the purpose of receiving or obtaining money, alms, gifts, or items of value, or taking orders for any goods, merchandise, or services, whether or not an actual employment relationship is created, a transaction is completed, or an exchange of money, goods, or services actually takes place.

Structure means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

Vehicle has the meaning given in Chapter 541 of the Texas Transportation Code.

(Ord. No. 2009-9086, § 2, 6-25-09)