The following words and phrases, when used in this division, shall have the meanings ascribed to them by this section, except where the context indicates otherwise:
Canvassing.
To examine or discuss in detail, to make the subject of a discussion or debate, or to go through places or among people asking, requesting or engaging for votes/opinions concerning religious, political, or other topics of public concern, but in no event shall the term “canvass” be construed to mean solicitation of funds or soliciting merchandise as provided in this division.
Charitable purpose.
Philanthropic, religious or other nonprofit objectives, including the benefit of poor, needy, sick, refugee or handicapped persons; the benefit of any church or religious society, sect, group or order; the benefit of a patriotic or veterans’ association or organization; the benefit of any fraternal, social or civic organization; or the benefit of any educational institution. “Charitable purpose” shall not be construed to include any direct benefit to the individual making the solicitation, to include the benefit of any political group or political organization which is subject to financial disclosure under state or federal law.
Commercial solicitation or soliciting.
The act of asking, bartering, or communicating in any other such manner, whether orally, by written and/or printed material including but not limited to handbills or leaflets, by hand signing or by any other method, direct or implied, by an individual or group of individuals for a for-profit purpose, which includes promoting, advertising, or receiving or obtaining money, alms, gifts or items of value, real or intrinsic, for said individual or group of individuals, or for-profit organization, joint venture, joint stock company, partnership, club, company, corporation, business trust, or establishment. However the term does not include solicitation for religious, political, charitable, or other noncommercial purposes.
Consumer.
An individual who seeks or acquires real or personal property, services, money, or credit for personal, family or household purposes.
Consumer transaction.
A sales transaction in which one (1) or more of the parties is a consumer.
Handbill.
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, or booklet, or any other printed or otherwise reproduced original or copies of any matter or literature.
Handbill distributor.
Any person engaging or engaged in the business for hire or gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any person receiving compensation directly or indirectly for the distribution of such handbills.
Handbill sponsor.
Any person, firm or corporation who utilizes handbills as a medium of advertising or spreading a message.
Home solicitation.
Soliciting in person or by telephone call from house to house for the purposes of selling or attempting to sell goods, merchandise, wares, services or anything of value or to take or attempt to take orders for the future delivery of goods, merchandise, wares, or any personal property of any nature whatsoever, or to take or attempt to take orders for services to be furnished or performed in the future.
Home solicitation transaction.
A consumer transaction for the purchase of goods, services, or realty, payable in installments or in cash, in which the merchant engages in a personal solicitation of the sale to the consumer at a residence, in person or by telephone, and the consumer’s agreement or offer to purchase is given at the residence to the merchant in person or by telephone. A home solicitation transaction shall not include a sale made pursuant to a preexisting revolving charge account or retail charge agreement, or a sale made pursuant to prior negotiations between the parties at a business establishment at a fixed location where goods or services are offered or exhibited for sale, or a sale of realty in which transaction the purchaser is represented by a licensed attorney or in which the transaction is being negotiated by a licensed real estate broker.
Individual.
A natural person.
Itinerant vendor.
Any person who sets up and operates a temporary business on privately owned property, whether improved or unimproved, in the city, soliciting, selling, or taking orders for, or offering to sell or take orders for, any goods or services. A temporary business is one that continues for forty-five (45) days or less, and exists whether solicitation is from a stand, vehicle, or freestanding. Any business that exists more than forty-five (45) days shall be deemed to be a permanent occupancy and is required to obtain a certificate of occupancy from the building inspection department.
Job placement activities.
Any request, offer, enticement, or action which announces the availability for or of employment, or seeks to secure employment. “Job placement activities” shall be deemed complete when made, whether or not an actual employment relationship is created.
Merchant.
A party to a customer transaction other than a consumer.
Person.
An individual, corporation, trust, partnership, association or any other legal entity.
Political purpose.
Any form of communication relating to a political issue, a particular candidate to a position or nonpartisan office, or a political party.
Public rights-of-way.
The traveled portion of a roadway, traffic medians and the area that is within ten feet (10') of the curbline. In the absence of a curbline, the area within ten feet (10') of the shoulder of a road or highway.
Residence.
Any separate living unit occupied for residential purposes by one (1) or more persons, contained within any type of building or structure.
Residential street.
A thoroughfare with a right-of-way of fifty (50) feet and pavement width of twenty-six (26) feet where the paved section allows for two (2) travel lanes with one (1) parking lane.
Solicitation, soliciting, solicited, or any other form of the word solicit.
The act of asking, begging, bartering, or communicating in any other such manner, whether orally, by written and/or printed material including but not limited to handbills or leaflets, by hand signing or by any other method, direct or implied, by an individual or group of individuals for the purpose of receiving or obtaining money or items of value, real or intrinsic, for said individual or group of individuals, an organization, joint venture, joint stock company, partnership, club, company, corporation, business, trust, or any other organization or affiliate thereof, and includes a home solicitation and home solicitation transaction.
Solicit funds or solicitation of funds.
Any home solicitation transaction; any request for money, property, or anything of value; or the pledge of a future payment of money, or delivery of property, or anything of value; or the selling or offering for sale of any property, real or personal, or delivery of tangible or intangible [property], whether of value or not, including, but not limited to, goods, books, pamphlets, tickets, publications or subscriptions to publications. Expressly excluded from the meaning of “solicit funds” or “solicitation of funds” is any offer of membership in any organization. A solicitation of funds is complete when the solicitation is communicated to any individual then located within the corporate limits of the city.
(Ordinance 2008-06-24 adopted 6/23/08)
(a) 
A person may solicit for charitable or political purpose in or upon the public rights-of-way, except those areas prohibited in this division.
(b) 
A person may conduct commercial solicitation in or upon the public-rights-of-way, except those areas prohibited in this division, if the solicitor has obtained a permit or who is a member of an organization that has obtained a permit.
(c) 
Solicitation in the public rights-of-way shall be conducted only during the hours of daylight, that is, one-half hour after sunrise and one-half hour before sunset.
(d) 
It shall be unlawful for a person younger than eighteen (18) years of age to solicit in the public rights-of-way.
(e) 
It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the roadway unless the solicitor has been granted authorization pursuant to section 552.0071 of chapter 552 of the Texas Transportation Code. The restriction on solicitation in the traveled portion of the roadway does not apply to public residential streets.
(f) 
It shall be unlawful for a solicitor at any time to enter or remain in the traveled portion of the roadway, except on residential streets provided that their presence does not impede the flow of traffic on said residential street.
(g) 
It shall be unlawful for a person to solicit in the public right-of-way that is within one thousand (1,000) feet of any public or private elementary or secondary school between the hours of 7:30 a.m. and 4:30 p.m. on days when such school is in session. The measurement of the distance shall be from the nearest property line of the public or private elementary or secondary school.
(Ordinance 2008-06-24 adopted 6/23/08)
(a) 
It shall be unlawful for any person to solicit, at any time, in the public rights-of-way, within one thousand (1,000) feet of the following intersections:
(1) 
W. Pleasant Run Road at I-35 Service Road.
(2) 
W. Pleasant Run Road at S. Houston School Road.
(3) 
W. Pleasant Run Road at Blue Grove Road.
(4) 
W. Pleasant Run Road at N. Dallas Avenue.
(b) 
The restrictions in this section do not apply to a solicitor who has received authorization pursuant to section 552.0071 of the Texas Transportation Code.
(Ordinance 2008-06-24 adopted 6/23/08)
(a) 
It shall be unlawful for any person to conduct commercial solicitation upon residential property within the city without first obtaining a written permit as prescribed by this division.
(b) 
All solicitation on private property, including the distribution of handbills, shall occur only during the time that is one-half hour after sunrise and one-half hour before sunset, except when the solicitor is on the property by the express prior invitation of the owner or occupant of the property.
(c) 
It shall be unlawful for any person, handbill distributor or handbill sponsor to distribute or cause to be distributed, deposited, placed, thrown, scattered, or cast any handbill upon any private premises which are inhabited and which are not posted as provided by this division except by handing or transmitting such handbill directly to the owner, occupant, or any other person then present in or upon such private premises, or by placing or depositing the same in a manner to secure and to prevent such handbill from being blown or drifting about such premises, except that mailboxes may not be used when prohibited by applicable federal or state law.
(d) 
It shall be unlawful for any person to distribute or cause to be distributed, deposited, placed, thrown, scattered or cast any handbill upon any premises if requested by the owner or any occupant thereof not to do so, or if there is placed on such premises in a conspicuous place upon or near the main entrance to the premises a weatherproof 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 premises do not desire to have any such handbills left upon such premises. The letters on such cards shall be not less than two-thirds (2/3) of an inch in height.
(e) 
No person shall 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 securing an audience with the occupant and engaging in or attempting to engage in a solicitation, if a card described in subsection (d) above is exhibited in a conspicuous place at or near the main entrance of the residence, unless at the request of the owner or occupant.
(f) 
No person, other than the occupant of the premises, shall remove, deface or render illegible a card placed by the owner or the occupant under subsections (d) and (e) above.
(g) 
Any person who has gained entrance to premises or an audience with the occupant, whether invited or not, shall immediately depart such premises when requested to leave by the occupant.
(Ordinance 2008-06-24 adopted 6/23/08)
(a) 
The person(s) in charge of conducting commercial solicitation shall provide each commercial solicitor with a copy of the permit issued by the city as prescribed by this section. It shall be unlawful for any solicitor to engage in commercial solicitation without having a copy of the permit in their possession. It shall be unlawful for any commercial solicitor to fail or refuse to show or display such copy upon the request of any person.
(b) 
The applicant for the permit required under this division shall at the time application is made provide, by a separate list, the names and addresses of all agents or employees for whom permits are to be issued.
(Ordinance 2008-06-24 adopted 6/23/08)
The person(s) in charge of conducting the solicitation shall provide each solicitor with a copy of the permit issued by the city as prescribed by this division. It shall be unlawful for any person to engage in solicitation without having a copy of the permit required by this division in such person’s immediate possession while engaged in such solicitation. It shall be unlawful for any person engaged in a solicitation to fail or refuse to show or display such copy of the permit upon the request of any person, or to display a permit issued in the name of another person.
(Ordinance 2008-06-24 adopted 6/23/08)
It shall be unlawful for any person to conduct commercial solicitation within the city without first obtaining a written permit from the city police department. Every application shall be accompanied by a nonrefundable permit fee established by resolution of the city council from time to time. A permit fee shall be charged for each person engaged in a solicitation.
(Ordinance 2008-06-24 adopted 6/23/08)
(a) 
A person or organization who desires to conduct commercial solicitation within the city shall make written application with the city’s police department on a form provided by the city. Such application shall contain at a minimum the following:
(1) 
The full and legally recognized names and any associated aliases, logos, nicknames, and abbreviated names of the entity or person applying for the permit;
(2) 
If the purpose of the solicitation is for the distribution of handbills, the name of the handbill distributor and handbill sponsor;
(3) 
Whether the person applying is an individual, partnership, corporation or association, and:
(A) 
The business or residence address and telephone number of the applicant;
(B) 
If a partnership, the names of all partners and the principal business address and telephone number of each partner;
(C) 
If a corporation, the person applying shall state whether it is organized under the laws of this state or is a foreign corporation, and must include the mailing address, business address, telephone number, the name of the individual in charge of such corporation, and, if a foreign corporation, the place of incorporation;
(D) 
If an association, the application shall state the association’s principal business address and telephone number if any, and shall state the names and principal business or residence addresses and telephone numbers of all members of the association unless in excess of ten (10) members, in which event the application shall so state and the application must contain the name and principal business or residence addresses and telephone numbers of the officers and directors or trustees of the association. If the association is a part of a multi-state organization or association, the application shall state the mailing address and business address of its central office, in addition to the mailing address and business address of the local office;
(4) 
The names, mailing address and telephone number of all individuals who will be in direct charge or control of the solicitation;
(5) 
The time period and dates during which the solicitation is to be made, the date of the commencement of solicitation and its projected conclusion, and how often the applicant will solicit during the year;
(6) 
A description of the methods and means by which the solicitation is to be accomplished;
(7) 
The nature of merchandise to be sold or offered for sale, or the nature of the services to be furnished;
(8) 
Whether such applicant, upon any such order so obtained, will demand, accept or receive payment or deposit of money in advance of final delivery;
(9) 
A statement to the effect that, if a permit is granted, such permit will not be used as or represented to be an endorsement by the city or any of its officers or employees;
(10) 
Any other information which the city deems necessary for the administration of this division.
(b) 
The application must be signed by the applicant if the person applying is an individual; if the applicant is a partnership, by the partner charged with disbursing funds solicited; if a corporation or an association, by the officer charged with disbursement of the funds solicited. The individual signing the application shall sign the application and swear before an officer authorized to administer oaths that such person has carefully read the application and that all the information contained therein is true and correct.
(c) 
The application information provided by the applicant will be subject to verification by the police department.
(d) 
The application shall also contain satisfactory written proof of the individual’s authority to represent the applicant.
(e) 
The application must be accompanied by a copy of a valid state sales tax certificate, if applicable.
(f) 
The application shall be accompanied by the nonrefundable permit fee. No permit shall be issued until such fee has been paid by the applicant.
(Ordinance 2008-06-24 adopted 6/23/08)
(a) 
A permit applied for under this division shall be issued by the city police department within ten (10) days after a completed permit application is filed, unless it is determined that the applicant has provided false or incomplete information.
(b) 
A permit applied for under this division shall be issued for the length of time requested, not to exceed thirty (30) days. Permits for handbill distribution shall be exempt from this time limitation.
(c) 
The city shall prescribe the form of the permit. Each such permit shall be printed in black except that the following shall be printed prominently thereon in red: “The issuance of this permit is not an endorsement by the City of Lancaster or any of its officers or employees.” Each permit shall bear a permit number which is the same as the file containing the application filed by the same applicant.
(Ordinance 2008-06-24 adopted 6/23/08)
A permit required under this division may be denied or revoked, and the person prohibited from reapplying for the period covered by the original application, when it has been determined that:
(1) 
An applicant has knowingly given false or misleading information in an application;
(2) 
A permit holder is charged and subsequently convicted of theft or fraud, or a violation of any city, state, or federal law, in connection with a solicitation in the city;
(3) 
A permit holder has made, or caused to be made, false statements or misrepresentations to any member of the public with regard to the solicitation;
(4) 
A permit holder violates any provision of this division; or
(5) 
A permit holder creates a traffic or safety hazard to themselves or others.
(Ordinance 2008-06-24 adopted 6/23/08)
A person denied a permit, or who has had a permit revoked, may appeal that action to the city manager, or designee, by submitting a letter to the city secretary within ten (10) days of the complained action. A hearing on such appeal will then be scheduled within seven (7) days after the receipt of the appeal, with the hearing to be held within fifteen (15) days after receipt of the appeal. The city manager, or designee, shall render a decision on the appeal within three (3) days after the date of the hearing, which shall be final.
(Ordinance 2008-06-24 adopted 6/23/08)
It shall be unlawful for any person to use children thirteen (13) years of age or less for any type of solicitation or handbill distribution purposes unless said children are actively supervised by a person at least eighteen (18) years of age who has been issued a permit under this division, or who is the agent of the permittee. In all cases, the supervising person shall be within one hundred (100) yards of the child solicitor.
(Ordinance 2008-06-24 adopted 6/23/08)
(a) 
Permit required.
No itinerant vendor may intermittently occupy any privately owned property for the purpose of operating a temporary business within the city without having previously obtained a temporary sales permit from the city. The applicant must have such permit within his or her personal possession during the time that the temporary business is in operation and must display the permit in such a manner that it is clearly visible from the abutting street.
(b) 
Permit fee.
Prior to the issuance of a permit, the applicant must pay the city a permit fee in the amount as established by the city council. The city will not require payment of this permit fee by locally based charitable organizations or organizations engaged in activities such as bake sales or carwashes.
(c) 
Permit duration.
A permit requested under this section will issue for a minimum of five (5) days, but not to exceed forty-five (45) days. Each eligible property may only allow use of the property for a temporary business for a maximum of forty-five (45) days per calendar year.
(d) 
Requirements for permit issuance.
The city shall only issue a permit if the applicant has complied with the following requirements:
(1) 
The itinerant vendor must conduct his business on the property in a manner that does not violate any code of the city, including all zoning, building, and health codes. The city will exempt an itinerant vendor from zoning provisions where the proposed location of the temporary business is an improved property that contains an active institutional use, such as a church or school;
(2) 
The itinerant vendor must possess a valid state sales tax certificate or proof of a tax exemption;
(3) 
The itinerant vendor must provide the city with a copy of either a lease or written permission from the owner of the private property showing that the itinerant vendor may use the property;
(4) 
The itinerant vendor must submit a dimensioned or scaled site plan indicating the location of the display area, curb cuts, and parking area;
(5) 
The itinerant vendor must provide one unisex portable sanitary facility. In lieu of the portable sanitary facility, the vendor may provide a permission letter from the owner or manager of a property located within a two-hundred-foot radius of the temporary business granting permission to use their sanitary facilities; however, the property where the itinerant vendor has permission to use the sanitary facilities cannot be located across a thoroughfare of four lanes or larger; and
(6) 
If the sale involves food products, the itinerant vendor must obtain all the necessary health permits.
(e) 
An itinerant vendor may not use a tent or temporary building, except a portable sanitary facility, in conjunction with a temporary sale.
(Ordinance 2008-06-24 adopted 6/23/08)
Handbill.
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, card, or advertising matter, or any matter or literature which advertises for sale any merchandise, product, commodity or thing or directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales.
Person.
Any person, firm, partnership, association, corporation, company or organization of any kind.
Private premises.
Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, ground, lawn, walk, driveway, porch, steps or mailbox belonging to or appurtenant to such dwelling house, building or other structure.
Public place.
Any and all streets, boulevards, avenues, lanes, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
(2002 Code, sec. 4.801)
(a) 
Generally.
It shall be unlawful for any person to deposit, place, throw, scatter or cast any handbill in or upon any public place within this city; provided, however, that it shall not be unlawful for any person to hand out or distribute, without charge to the receiver thereof, any handbill in any public place to any person willing to accept such handbill.
(b) 
Distribution of handbills on city-owned property.
No person may distribute handbills on city-owned property except as permitted in this subsection. It shall be unlawful for any person to distribute handbills or otherwise occupy the travel portion of any street or alley, median or greenway. A person may distribute handbills on municipal-owned property on areas reasonably designated by regulations adopted by the city manager which prevent such person(s) engaged in the distribution of handbills from unreasonably interfering with the general public use and enjoyment of such property. The city manager may adopt such additional reasonable regulations which shall conform to the requirements set forth herein after publication in a newspaper of general circulation and on the city website, and notice and comment to the city council for a period of thirty (30) days in order to receive public comment. Thereafter, such reasonable regulations may become effective on the tenth day following such period.
(Ordinance 2014-03-03, sec. 1, adopted 3/31/14)
It shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill in or upon any automobile or other vehicle. The provisions of this section shall not be deemed to prohibit the handing, transmitting or distributing of any handbill personally to the owner or other occupant of any automobile or other vehicle who is willing to accept the same.
(2002 Code, sec. 4.803)
(a) 
No person licensed under the provisions of this division nor any other person shall distribute, deposit or cast any handbill in or upon any private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or any other person then present in or upon such private premises, or by placing or securing such handbill in such manner as to prevent it from being blown or drifted about such premises or elsewhere; provided, it shall be unlawful for any person to distribute, deposit, place, throw, scatter or cast any handbill upon such premises in any manner if requested by anyone thereon not to do so or if there is placed on said premises, in a conspicuous position near the entrance thereof, a sign bearing the words “No Trespassing,” “No Peddlers or Agents,” “No Advertisements,” or any similar notice indicating in any manner that the occupants of said premises do not desire to be disturbed, or to have any such handbill left upon such premises.
(b) 
Mailboxes may not be used for distribution of handbills when so prohibited by federal postal laws or regulations.
(2002 Code, sec. 4.805)
(a) 
Permit required; application.
Any person desiring to engage in the business of distributing handbills shall make application to and receive from the city secretary, or other officer empowered to issue the same, a permit in the manner and for the period prescribed by the terms of this section and all other relevant provisions of the city code. Such applicant shall make written application to the city secretary upon a form provided for such purpose by the city secretary. Such form shall contain the name of the applicant, address, social security number, driver’s license number, date of birth and a brief description of the nature of the business to be conducted by the applicant. Each application shall designate one person authorized to use such permit on behalf of any applicant which is a firm, partnership, association, corporation, company or other organization. It shall be unlawful to distribute, deposit, place, throw or scatter any handbill whatsoever unless the person distributing such articles has in his possession a permit duly issued by the city.
(b) 
Duration of permit.
The permit shall be valid for a period of fifteen (15) days unless earlier revoked by the issuing officer for good cause as hereinafter set out.
(c) 
Hours of operation.
It shall be unlawful for any person issued a permit under a provision of this division or for any other person to distribute, deposit or place any handbill at any time other than between the hours of 9:00 a.m. and 6:00 p.m., Monday through Saturday.
(d) 
Exception for political or religious purpose.
A permit or registration is not required for the distribution of handbills for religious purposes or political purposes.
(Ordinance 2014-03-03, sec. 2, adopted 3/31/14)
Each applicant seeking a permit under the provisions of this division shall pay a fee as established by the city council for each fifteen-day period for which a permit is sought.
(2002 Code, sec. 4.807)
The chief of police shall make an investigation of each applicant who applies for a handbill distribution permit. Such investigation shall be made as the chief deems necessary to accomplish the provisions of this division.
(2002 Code, sec. 4.808)
(a) 
If as a result of the investigation made pursuant to section 8.08.048 above it is found that the applicant has been convicted of a felony or misdemeanor involving moral turpitude, or has committed a violation of this division of the city code within a period of ninety (90) days prior to the filing of such application, the city secretary shall notify the applicant that his application is disapproved and that his permit is denied.
(b) 
If as a result of such investigation it is found that the applicant has falsified his application in any way, the city secretary shall likewise advise the applicant that his application is disapproved and his permit is denied.
(c) 
A permit which was obtained pursuant to an application containing a false or fraudulent statement may be revoked by written notice to the permit holder at the address shown on his permit application.
(d) 
A permit may be revoked in the manner aforesaid upon commission by the permit holder of any violation of this division of the city code.
(2002 Code, sec. 4.809)