The purpose of this article is to protect the citizens against
crime, including deceptive practices, fraud, and burglary, minimize
the unwelcome disturbance of citizens and the disruption of citizen’s
privacy, and preserve the public health, safety, and general welfare
by registering and regulating solicitors.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.101)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A person who undertakes to transact some business or manage
some affair for another person by the authority and on the account
of the latter.
The identification permit issued by the code enforcement
department of the city.
The code enforcement department of the city.
An individual who seeks or acquires personal property, goods
or service, money or credit for personal, family or household purposes.
A permit issued under the authority of this article to each
individual working under a master permit, who engages in the business
of solicitation.
Any person who sells goods, takes orders, or seeks donations
or contributions, from house to house or from place to place in the
city, or who sells or seeks donations or contributions out of a vehicle,
wagon, cart or other conveyance used in the transportation of such
merchandise parked on premises where there is no related business
building. (Mobile food vendors are not considered itinerant merchants
for the purpose of this article.)
A business located and operated within the corporate limits
of the city.
The permit required under the authority of this article to
engage in the business of solicitation.
A party to a consumer transaction other than the consumer.
A vehicle-mounted food establishment, designed to be readily
movable, typically constructed in a truck or trailer. Mobile food
units may not be permanently parked in one location.
Any person who sells food products or takes food product
orders from house to house or from place to place in the city, and
who sells such food out of a vehicle, wagon, cart or other conveyance
used in the transportation of such food on premises where there is
no related business building.
An individual, corporation, trust, partnership, association
or other legal entity.
The police department of the city.
Any separate living unit occupied for residential purposes
by one or more persons, contained within any type of building or structure.
Traveling either by foot or vehicle, going door to door,
house to house, building to building, or along any street in the city,
or in a temporary stationary location, personally contacting occupants
or other persons selling or taking orders for or offering to sell
or take orders for goods or services for commercial purposes, or seeking
donations or contributions for personal, commercial or nonprofit purposes.
All persons, as well as their agents and employees, engaged
in or attempting to engage in solicitation.
(Ordinance 03-13 adopted 5/20/03; Ordinance 10-15, sec. 1, adopted 4/6/10; Ordinance 2013-06 adopted 6/18/13; 2001 Code, sec. 4.103)
Any person violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court, be punished by a fine in accordance with the general penalty provision found in section 1.01.009 of this code for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.112)
It shall be unlawful for any person to engage in the business of solicitation, as defined in section 4.03.002 of this article, within the corporate limits of the city, without first obtaining a permit and license therefor as provided herein.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.102)
(a)
Home solicitation.
(1)
It shall be unlawful for any person to go upon any residential premises
and ring the doorbell, or rap or knock upon the door, or create any
sound in a manner calculated to attract the attention of the occupant
of the residence, for the purpose of engaging in or attempting to
engage in a solicitation transaction, without first obtaining a permit
from the city.
(2)
Each person engaged in or attempting to engage in a solicitation
transaction must have a permit issued under the terms of this article,
and such permit shall be personal to the applicant and shall not be
reproduced, assigned or transferred to any other person. Any such
attempted transfer or reproduction shall render the permit void.
(b)
Itinerant merchants.
(1)
Every itinerant merchant as defined in this article shall be required
to obtain a permit prior to engaging in the business of an itinerant
merchant. An applicant for such permit shall file an application in
writing with the code enforcement department not less than ten (10)
days before the first day in which he proposes to engage in business
as an itinerant merchant.
(2)
Every person who is licensed as an itinerant merchant to peddle edible
merchandise as required by this article shall keep all articles for
sale to the public in a clean and sanitary condition, as well as the
wagons, vehicles or other conveyances used in the transportation of
such merchandise. A copy of a current health certificate is required
if merchandise of edible quality is to be sold; provided, however,
this shall not apply to the sale of candy, nuts or other edibles prepared
and packaged by a nationally recognized manufacturer or a Texas manufacturer
meeting standards imposed by state and local health codes, if such
packages are unbroken, or to an individual selling products of the
farm or orchard actually produced by the seller.
(3)
It shall be unlawful for any itinerant merchant to sell or offer
to sell any unwholesome or unsound merchandise or to give a false
weight or measure to such article sold or offered for sale.
(c)
Solicitation on public property.
(1)
It shall be unlawful for any person to peddle, hawk, sell, solicit
or take orders for any services, wares, merchandise or goods, including,
but not limited to, magazines, encyclopedias, tools, photographs,
flowers, candy, plants or statues, on the streets, street rights-of-way,
parkways, medians or sidewalks of the city without first obtaining
a permit from the city, except for certain community events sponsored
by a local charitable or civic organization and/or permitted by the
city (i.e., Butterfield Stage Days, Pumpkin Fest, etc.). This provision
shall not apply to commercial businesses who set up displays to sell
merchandise on the sidewalks located directly in front of their building
during business hours.
(2)
It shall be unlawful for any person to operate an outdoor retail
sale or outdoor commercial promotion in the city except as provided
in this article or in the city code.
(3)
It shall be unlawful for any person to conduct solicitation activities
on any public street that is not residential in character or on any
street that includes four or more marked traffic lanes.
(Ordinance 03-13 adopted 5/20/03; Ordinance 2013-06 adopted 6/18/13; 2001 Code,
sec. 4.104)
(a)
Master permit application.
(1)
Any person desiring to make solicitation transactions or charitable,
religious or civic fundraising solicitations within the city shall
make written application, on a form provided by the city, to the code
enforcement department for a master permit. The application shall
contain the following:
(A)
The name, social security number, date of birth and address of the
person applying and desiring to make solicitations;
(B)
Whether the master permit is for an individual (natural person),
a partnership, or a corporation; and
(i)
If an individual, the individual’s business or residence
address and telephone number;
(ii)
If a partnership, the name of all partners, the principal business
address, and the telephone number of each partner;
(iii)
If a corporation, the person registering must state whether
the corporation is organized under the laws of the state or is a foreign
corporation, the mailing address, business location, telephone number,
names of all officers and directors or trustees of such corporation,
and, if a foreign corporation, the place of incorporation and registered
agent for the state;
(C)
A sales tax identification number issued by the state and a copy
of the sales tax permit or proof that the goods sold are not subject
to such sales tax;
(D)
The approximate time period within which the solicitation is to be
made, giving the date of the beginning of the solicitation and its
projected conclusion and how often the applicant will solicit in the
city during the year;
(E)
Names of other communities in the state in which the applicant has
made solicitations during the last six months;
(F)
The nature of the merchandise to be sold or offered for sale or the
nature of the services to be furnished;
(G)
Whether such applicant, upon any order obtained, will demand, accept
or receive payment or the deposit of money in advance of final delivery;
(H)
Whether the applicant or any person employed by the applicant to
solicit has been convicted of a felony or a misdemeanor involving
moral turpitude in the past five years;
(I)
Names, addresses, telephone numbers and social security numbers of
the adults who shall be responsible for supervising any solicitor;
(J)
Names, addresses and telephone numbers of two persons as references,
excluding relatives and persons living with the applicant;
(K)
Valid state driver’s license number or a state-approved identification
card number with a photograph;
(L)
A copy of a current health certificate if merchandise of edible quality
is to be sold; provided, however, this shall not apply to the sale
of candy, nuts or other edibles prepared and packaged by a nationally
recognized manufacturer or a state manufacturer meeting standards
imposed by state and local health codes, if such packages are unbroken,
or to an individual selling products of the farm or orchard actually
produced by the seller.
(2)
The application must be signed by the applicant if the person is
an individual; if the person applying is a partnership, by a general
partner; and if the person applying is a corporation, by an officer.
The individual signing the application will sign a statement that
he has carefully read the application and that all the information
contained therein is true and correct upon penalty of perjury.
(3)
If a person applying for a master permit intends to contract with,
employ or otherwise retain individuals to engage in solicitations,
the person must identify all such individuals, along with their addresses
and telephone numbers, and obtain an individual permit for each such
individual.
(b)
Solicitation on private property.
If conducting business
on private property, in addition to the information required in the
master permit, a merchant must provide written permission from the
property owner to conduct business on their property.
(c)
Application fee.
A nonrefundable fee for investigation and administration of the application shall be charged, as provided for in the fee schedule in appendix A of this code. Such fee shall not be prorated and shall be paid at the time the application is made and shall not be returned to the applicant, regardless of whether a permit is issued. All fees are subject to change by the city council.
(d)
Permit fee.
A nonrefundable permit fee shall be charged for conducting business within the city limits, as provided for in the fee schedule in appendix A of this code. Such fee shall not be prorated and shall be paid at the time the application is made or paid on a monthly basis. The city may revoke a permit if a permit fee is not paid. All fees are subject to change by the city council.
(e)
Bond.
Each holder of a master permit requiring cash
deposits or taking orders on delivery purchases (COD) or who requires
a contract or agreement to finance the sale of any goods, services
or merchandise for future delivery, or for services to be performed
in the future, shall furnish the city a bond in the amount of $5,000.00
by the master permit holder as principal, and by a security company
authorized and licensed to do business in the state.
(f)
Right of action on bond.
Any person aggrieved or damaged
by the action of a solicitor shall have the right of acting on the
bond set forth in this article for recovery of money or damages, or
both.
(g)
Appeal process.
If the code enforcement department refuses
to issue a permit, the applicant shall have the right to appeal to
the city council. Such appeal shall be taken by filing with the city
secretary within ten (10) days from the date of the refusal. The same
procedure of appeal shall apply to a permit revoked under this article.
Thereafter, the city council shall set a reasonable time and place
for a hearing on such an appeal and notice of such hearing shall be
mailed, postage prepaid, to the permittee at his last known address
at least five days prior to the date of the hearing.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.105)
(a)
Issuance of permit and badge; expiration.
After review
of a permit application to determine its compliance with this article,
and within ten (10) working days of the receipt of the same, the code
enforcement department shall either issue a master permit, and any
associated individual permits, in the form of a badge, or notify the
person applying that the application does not comply with this article,
and specifically point out what information or explanation has not
been furnished that is required before a permit can be issued. All
permits shall expire after one year from the date of issuance.
(b)
Requirement to display badge.
Upon issuance of the badge
by the code enforcement department, the following requirements shall
apply:
(1)
The badge shall be valid only for the person to whom it is issued
(nontransferable). Each solicitor is also required to carry a state-approved
picture identification card or a state driver’s license as proof
of identification.
(2)
The badge issued shall be carried/displayed by the solicitor in plain
sight while he is engaged in soliciting.
(3)
The badge is, and shall remain, the property of the city and may
be revoked and required to be surrendered at any time for any false
or misleading information on the permit application, for violation
of any city ordinance, including the provisions set forth in this
article, and for violation of any state or federal law.
(c)
Periodic solicitation activities.
Solicitors who periodically
come in and out of the city during the year must notify the police
department upon returning to the city if they have not conducted any
solicitation activity for thirty (30) days.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.106)
(a)
Solicitation prohibited on posted premises.
All solicitation
is strictly prohibited on the premises with a posted notice indicating
that solicitors are not welcome or invited.
(b)
Noise and sound devices.
No solicitor, or any person
working on his behalf, shall shout, make any outcry, blow a horn or
whistle, ring a bell, or use any sound device, including any loud-speaking
radio or sound amplifying system, upon any of the streets, avenues,
alleys, parks or other public places of the city, or upon any private
premises of the city where sound of sufficient volume is emitted or
produced therefrom to be capable to be plainly heard upon the streets,
avenues, alleys, parks or other places, for the purpose of attracting
attention to the location or to any goods, wares or merchandise which
any person permitted pursuant to this article proposes to sell. This
section also prohibits the use of any audio device for the purpose
of attracting customers to retail establishments or merchants.
(c)
Dates and times of operation.
(1)
Solicitors shall conduct solicitation activities only on Monday through
Saturday. Solicitors shall not conduct solicitation activities before
9:00 a.m. or after 7:00 p.m. or sunset on any day, whichever is earlier.
The term “sunset” means the time of day identified by
the National Weather Service as the time for sunset on that day in
the city. This restriction does not apply if a visit on the premises
is a result of a request or an appointment made by the occupant.
(2)
Solicitors shall not engage in solicitation activities at any time
on a Sunday, New Year’s Day, July 4th, Labor Day, Thanksgiving
Day, Christmas Eve Day or Christmas Day unless a visit on the premises
is a result of a request or an appointment made by the occupant.
(d)
Home solicitation.
(1)
Every solicitor shall identify himself as a solicitor upon approaching
a citizen at a residence and explain his purpose, whether it be direct
sales, solicitation of orders, or the demonstration of goods or merchandise,
or any combination of such purposes.
(2)
No person engaged as a solicitor shall remain or linger at a residence
after having been verbally informed by the resident that they are
not welcome, or at a residence or business that has a sign posted
giving clear notice that solicitors are not welcome, such as “No
Solicitors” or words of similar meaning.
(e)
Itinerant merchants.
(1)
No person shall engage in or attempt to engage in any mobile vending
operation on any public street that is not residential in character
or on any street that includes four or more marked traffic lanes.
(2)
Any person engaged in or who attempts to engage in mobile vending
operations shall stop the motor vehicle or other conveyance used in
the transportation of such merchandise only in immediate response
to a direct request from a potential customer and for a period not
to exceed 15 minutes.
(3)
No person shall engage in or attempt to engage in any mobile vending
operation unless such person has in his or her immediate possession
a valid solicitor’s permit and health permit.
(Ordinance 03-13 adopted 5/20/03; Ordinance 10-15, sec. 2, adopted 4/6/10; 2001
Code, sec. 4.107)
(a)
Submission of plans.
Plans shall be submitted to the
development services department for new construction, renovation or
the conversion of a unit to a mobile food unit. Plans should show
the equipment layout, and the arrangement and construction material
of the inside of the unit, including food preparation, storage, and
window service areas.
(b)
Required documentation.
To obtain a mobile food vendor
permit, a mobile food vendor must submit a list of foods and beverages
to be served on the unit, stating the source of the item and when
and where it will be prepared, a copy of food manager's training certificate,
a copy of the permit issued by the Texas Department of State Health
Services for the mobile food unit, a copy of the state sale tax certificate
showing their physical address within the city limits and a copy of
driver's license or other state-approved identification. Additionally,
a mobile food vendor must submit written permission from any property
owner who owns property on which the mobile food unit will be parked,
regardless of the time period associated with parking the mobile food
unit on said property.
(c)
Permit.
It shall be unlawful for any person to operate
a mobile food unit without having obtained a permit issued by the
city. Permits may be purchased monthly for up to one year from the
date of issuance.
(d)
Inspections.
Mobile food units may be inspected at any
time by the code enforcement officer. The mobile food vendor shall
keep the development services department informed of the general location
of the mobile unit on a quarterly basis.
(e)
Certified food manager required.
A certified food manager
must be present at the mobile food unit during each day of operation.
(f)
Food source and food protection.
(1)
All food sold on the unit must be either prepared on the unit or
at an approved, permitted food establishment. Food may not be prepared
at home; food offered for sale must comply with labeling laws where
applicable; food shall be in sound condition, free of spoilage, filth,
or any other contamination and shall be safe for human consumption.
(2)
Only ice that has been made from potable (drinking) water shall be
used or offered for sale.
(3)
Ice intended for human consumption shall be used to cool foods, food
containers, or food utensils. Ice used for cooling stored foods and
food containers shall not be used for human consumption.
(4)
Food, whether raw or prepared, if removed from the original package
or container, shall be stored in a clean, covered, impervious and
nonabsorbent container, except during periods of preparation or service.
Solid cuts of meat shall be protected by being covered during storage.
(5)
Containers of food shall be stored at least 6 inches above the floor
in a manner that protects food from splash and contamination and permits
easy cleaning of the floor.
(6)
No food can be stored in toilet rooms or vestibules.
(7)
No food, including packaged foods, shall be stored in contact with
water or undrained ice. Wrapped sandwiches shall not be stored in
direct contact with ice.
(8)
Conveniently located refrigeration facilities or effectively insulated
facilities shall be provided to assure that potentially hazardous
foods are maintained at 41°F or below.
(9)
Potentially hazardous food requiring refrigeration after preparation
shall be rapidly cooled to internal temperatures of 41°F or below.
Potentially hazardous foods shall not be prepared in quantities so
large that rapid cooling will not be possible.
(10)
Stored frozen foods shall be kept frozen.
(11)
The internal hot holding temperature of potentially hazardous food
shall be 135°F or above except during necessary periods of preparation.
Each hot storage unit must have an accurate thermometer available.
(12)
Live or dead fish bait shall be stored separately from food or food
products.
(13)
A product (stem type) thermometer is needed to check internal temperatures
of potentially hazardous foods.
(g)
Utensils.
Only single service (plastic or paper) utensils,
tableware, plates, etc., shall be used.
(h)
Insect and rodent control.
All mobile food units shall
be constructed in such a manner as to prevent the entrance of flies,
dust, dirt, or other foreign matter. Mobile food units must be provided
with tightfitting solid or screened doors or windows.
(k)
Ventilation.
The ventilation system shall be installed
and operated according to the Texas Food Establishment Rules and the
International Mechanical Code.
(l)
Animals.
Live animals shall be excluded from the surrounding
areas of all mobile food units.
(n)
Fresh water and wastewater systems.
(1)
All mobile units must have potable (drinking) water and the storage
of potable water must be according to law.
(2)
All mobile food units must have hot and cold running water under
pressure. Hot water at a temperature of at least 100°F shall be
provided to all fixtures at all times while the unit is in operation.
(3)
Fresh water must be provided in a self-contained system within the
mobile food unit. Water may not be supplied to the mobile unit by
running hoses from an establishment to the unit.
(4)
The water inlet shall be capped when not being used to fill a water
tank.
(5)
Wastewater shall be stored in a permanently installed retention tank
that is sized at least 15% larger in capacity than the water supply
tank and is sloped to drain. The drain pipe must be at least 25 millimeters
(1 inch) in inner diameter or greater and equipped with a shutoff
valve.
(6)
Wastewater must be disposed of by a sewage transport vehicle, and
under no circumstances shall wastewater be disposed in the municipal
wastewater system.
(o)
Vehicle requirements.
(1)
All mobile units shall be readily identifiable by business name,
printed in bold letters not less than 3 inches in height, not less
than one and one-half inches in width, permanently affixed, and prominently
displayed upon at least 2 sides of the unit.
(2)
All mobile food units shall maintain a current state motor vehicle
inspection sticker and a current Texas motor vehicle license plate
registration sticker.
(3)
All mobile food units must be readily movable (capable of moving
immediately upon the request of the code enforcement officer).
(4)
Mobile food vendors who only sell prepackaged goods on their mobile
food units shall not remain parked in one location for longer than
three (3) hours. No time restriction shall apply for mobile food vendors
who prepare food on their mobile food unit.
(p)
Applicability to prepackaged sales.
For mobile food
vendors who only sell prepackaged goods on their mobile food units,
the only subsections of this section that apply are those relative
to:
(1)
Submitting plans;
(2)
Required documentation;
(3)
Initial inspection of the mobile unit;
(4)
Permits;
(5)
Inspections;
(6)
Food source and food protection when applicable, as determined by
the code enforcement officer;
(7)
Insect and rodent control;
(8)
Animals;
(9)
Fresh water and wastewater systems, when applicable, as determined
by the code enforcement officer; and
(10)
Vehicle requirements.
(q)
Restroom access and trash receptacles.
Mobile food vendors
who prepare food on their mobile food unit shall:
(r)
Restrictions. Mobile food units will only be permitted
on commercially or industrially zoned property. A maximum of two (2)
mobile food units will be permitted per premises. Each mobile food
unit shall have a minimum of 2,000 square feet of accessible space.
(Ordinance 10-15, sec. 3, adopted 4/6/10; Ordinance 10-35 adopted 10/5/10; Ordinance
2014-18 adopted 8/19/14; Ordinance 2014-28 adopted 11/18/14; 2001 Code, sec. 4.107(5); Ordinance 2022-12 adopted 8/8/2022)
(a)
A
person desiring that no merchant or other person engage in a solicitation
at his residence shall exhibit in a conspicuous place upon or near
the main entrance to the residence a weatherproof sign or card, not
less than three inches by four inches in size, containing the words,
“NO SOLICITORS” or words of similar meaning. The letters
shall not be less than two-thirds of an inch in height.
(b)
Every
merchant, upon going onto any premises upon which a residence is located,
shall first examine the residence to determine if any notice prohibiting
soliciting is exhibited upon or near the main entrance to the residence.
If notice prohibiting soliciting is exhibited, the merchant shall
immediately depart from the premises without disturbing the occupant,
unless the visit is the result of a request made by the occupant.
(c)
No
person, other than the occupant of the residence, shall remove, deface
or render illegible a card placed by the occupant pursuant to this
section.
(d)
Any
merchant who has gained entrance to a residence, or audience with
the occupant, whether invited or not, shall immediately depart from
the premises without disturbing the occupant further when requested
to leave by the occupant.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.109)
(a)
The
police department is authorized to investigate the affairs of any
person soliciting either before or after the filing of an application
for a permit for solicitation.
(b)
The
code enforcement department may deny a permit to any applicant for
good cause, which shall include, but is not limited to, the following:
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.108)
(a)
Any
permit issued under this article may be revoked by the code enforcement
department for any of the following reasons:
(1)
Fraud or misrepresentation in the application for a permit.
(2)
Fraud or misrepresentation in the course of conducting solicitation
activities.
(3)
Conducting solicitation activities contrary to the conditions of
the permit.
(4)
Conducting solicitation activities in such a manner as to create
or constitute a danger to the public health, safety or welfare.
(5)
Failing to pay the permit fees.
(b)
Upon
revocation, the code enforcement department shall deliver written
notice to the permit holder stating the action taken and the reasons
supporting such action. The written notice shall be delivered to the
permit holder’s place of business or mailed to the permit holder’s
last known address. The building official or his designee shall have
the authority to seize any and all permit badges possessed by persons
conducting business as a solicitor while the official notification
process is underway. At such time, any and all solicitation activities
conducted under the authority of that permit shall cease.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.110)
(a)
Persons
engaged in solicitations for school-related activities or fundraising
shall be exempt from all provisions of this article, including the
requirement for a permit.
(b)
Persons
engaged in solicitations for local charitable, religious or civic
fundraising shall be required to obtain a permit from the city; however,
the following provisions of this article shall not apply:
(1)
Section 4.03.006(c), application fee;
(2)
Section 4.03.006(d), permit fee; and
(3)
Section 4.03.006(e), furnishing a bond.
(c)
The
provisions of this article shall not apply to public utility companies
or others operating under franchises granted by the city, insurance
sales people, real estate sales people, and others licensed by the
state, political groups or organizations which are subject to financial
disclosure under state or federal law.
(d)
The
provisions of this article shall not apply to commercial agents dealing
with local business establishments in the usual course of business.
(e)
The
provisions of this article shall not apply to persons engaging in
the business of delivery of handbills or circulars door to door or
to persons engaging in religious or charitable visitations door to
door, who do not engage in a solicitation transaction. Such persons
may do so on any day from 9:00 a.m. to 7:00 p.m. or sunset, whichever
is earlier.
(Ordinance 03-13 adopted 5/20/03; 2001 Code, sec. 4.111)
