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State law references–Authority of municipality to license, tax, suppress, prevent, or otherwise regulate peddlers, hawkers and pawnbrokers, V.T.C.A., Local Government Code, sec. 215.031; cancellation of certain consumer transactions, V.T.C.A., Business and Commerce Code, ch. 601; persons regarded as retailers under sales tax law, V.T.C.A., Tax Code, sec. 151.024; solicitation of business by pedestrian, V.T.C.A., Transportation Code, sec. 552.007; use of child for sales and solicitations, V.T.C.A., Labor Code, sec. 51.0145.
Canvasser.
Any person who, without invitation, travels door-to-door and attempts to make personal contact with an occupant or distributes written or printed material for the primary purpose of attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or advertising or notifying of a noncommercial event or service.
Flyer.
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, handbill or any other printed or otherwise reproduced original or copies of any matter or literature, other than those advertising or notifying of a noncommercial event or service, delivery notices, newspapers, or newsletters.
Peddler.
Any person who, without invitation, travels from door-to-door, and offers goods, services, wares, subscriptions, photographs, or other merchandise for sale, or any person engaging or engaged in the business of distributing flyers, or advertising a commercial event, good or service. The term shall not include a canvasser, as defined herein.
Solicitor.
Any person who, without invitation, travels from door-to-door and requests the donation of money, property, or anything of value, or the pledge of a future donation of money, property, or anything of value. The term shall not include a canvasser, as defined herein.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
It shall be unlawful for any person to be a peddler or solicitor within the City without first applying for and obtaining a permit to do so from the City.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
Any person desiring to be a peddler or solicitor within the City shall first submit to the Director of Development Services, or their designee, a completed application on the official form, and pay the applicable fee in accordance with the fee schedule in appendix A of this Code, as amended.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
No permit shall be issued until such application has been filed with the City for a period of not less than seventy-two (72) hours. Within that seventy-two (72) hours of the filing of the permit application, the Director of Development Services, or their designee, will either issue a permit or notify the applicant that the application does not comply with the requirements of the Department of Development Services and specifically point out what information or explanation has not been furnished that is required before a permit is issued. Each permit issued under the provisions of this article shall contain the name of the permittee, permit number, date of expiration of permit, and the signature of the Director of Development Services, or their designee. The permittee shall display the permit on their person so that it remains clearly visible at all times.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
Any permit issued pursuant to this article is subject to revocation, by the Director of Development Services, or their designee, upon discovery of any false or misleading statements contained in the application, violation of this article, for failure of the permit holder to fulfill obligations which he incurs to purchasers or potential purchasers, or for other good cause. Upon revocation of such permits the permit holder may appeal such revocation within ten days to the City Manager, or her/his designee, who will conduct an investigation at a time and place designated for the purpose of determining the existence of good cause for the revocation.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
The permit required by section 6.04.004 and the bond required by section 6.04.007 shall not be required of the following:
(1) 
Ordinary commercial travelers who sell or exhibit for sale goods, wares and merchandise to persons engaged in the business of buying, selling and dealing in the same within the City; and
(2) 
Sale of goods, wares and merchandise, the proceeds of which are to be used and applied to some locally recognized charitable, educational, religious or philanthropic purpose, including adult-sponsored youth scouting and extra-curricular activities.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
Peddlers who require cash deposits or advance payments for future delivery or who require an agreement to finance the sale of goods or services for future delivery, or for services to be performed in the future, shall, as a condition of a permit, file a bond with the Development Services Department in the sum of $1,000.00 per peddler, executed by such applicant as principal and a surety company licensed to do business as such in this State. No application shall be accepted, and no permit shall be issued hereunder, without a surety bond as set forth herein. Such surety bond shall be conditioned on the final delivery of goods or services in accordance with the terms of any order obtained.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
Each permit issued under the provisions of this article shall not be transferable or assignable and shall give to no person other than the permittee, authority to transact any business in the City as a peddler.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
Each permit required by this article shall be valid for a period of ninety (90) calendar days.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
It shall be unlawful for any peddler, solicitor, or canvasser to engage in the business of peddling at any time between the earlier of 8:00 p.m. or thirty (30) minutes after sunset and the later of 7:00 a.m. or thirty (30) minutes after sunrise.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
(a) 
Unlawful to sell, exhibit or advertise on public property.
Unless otherwise permitted by this Code, no person shall sell, exhibit or advertise for sale on any street, sidewalk, alley, median, parkway or portion of public right-of-way within the City limits any goods, wares, merchandise of any kind or character; or to use any part of the streets, sidewalks or alleys within the City as a place to carry on such trade, profession or business.
(b) 
Unlawful to solicit for contributions on public property.
No person shall have the right to solicit for contribution or donations on any street, sidewalk, alley, median, parkway or portion of the public right-of-way within the City; or to use any part of the streets, sidewalks or alleys within the City as a place to carry on such solicitation.
(c) 
Chief of Police authorized to grant permission for use of public right-of-way.
Notwithstanding subsections (a) and (b), upon application to the Chief of Police, or their designee, in writing, and based upon a showing of good cause or public need, the Chief of Police, or their designee, shall have the authority to grant permission to any person, firm, corporation, association or organization the right to conduct such trade, profession, business or solicitation on a public right-of-way, designating the exact location, time and duration of such permit.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
It shall be unlawful for any peddler or solicitor to go upon any private property if there is placed on such property in a conspicuous place upon or near the main entrance to the residence, a sign or card, not less than three (3) inches by four (4) inches in size, bearing the words “no trespassing,” “no peddlers,” “no advertisements,” “no solicitation,” “no handbills,” or any similar notice indicating in any manner that the occupants of such property do not desire to be approached by a peddler.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
(a) 
It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown scattered, or cast any flyer upon any private property except by handing or transmitting such flyer directly to the owner, occupant, or any other person then present in or upon such private property, or by placing or depositing the same in a manner to secure and to prevent such flyer from being blown or drifting about such property, except that mailboxes may not be used when prohibited by applicable Federal or State law.
(b) 
It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered, or cast any flyer upon any private property if requested by anyone thereon not to do so, or if there is placed on such property in a conspicuous place upon or near the main entrance to the residence, a card, not less than three (3) inches by four (4) inches in size bearing the words “no trespassing,” “no peddlers,” “no advertisements,” “no solicitation,” “no handbills,” or any similar notice indicating in any manner that the occupants of such property do not desire to have any such flyers left upon such property. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
It shall be unlawful for any peddler or solicitor who enters upon any private property to not immediately leave such property after having been notified or requested to leave by the owner, occupant, or person in charge or control of such property.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)
It is unlawful for any person, firm, corporation, or agent to fail to comply with the requirements of this article or any provision thereof, and each such failure shall be punished as a class C misdemeanor by a fine in accordance with the general penalty provision found in section 1.01.009 of this Code. Each such person, firm, corporation, or agent shall be deemed to be guilty of a separate offense for each and every day, or part thereof, during which any violation of this article is committed or continued. Any complaint related to the violation of this article or any provision thereof shall be filed with the municipal court clerk.
(Ordinance CO30-15-07-23-C2 adopted 7/23/15)