This article is and shall be deemed an exercise of the police powers of the state and of the city for the public safety, comfort, convenience, and protection of the city and the citizens thereof, and all of the provisions of this article shall be constructed for the accomplishment of that purpose.
(1999 Code, sec. 66-1)
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:
Charitable purpose.
The solicitation of money or property for the benefit of a charity, philanthropy, or nonprofit organization or for poor, underprivileged, needy, crippled, or handicapped persons; for the teaching of patriotism or assistance to veterans or veterans' organizations; or for existing educational institutions or for the establishment or endowment of educational institutions. Nonprofit organizations shall include but not be limited to Multiple Sclerosis, American Heart Association, Muscular Dystrophy, American Cancer Society, Boy Scouts of America, Girl Scouts, etc.
Consumer.
An individual who acquires real or personal property, services, money, or credit for personal, family or household purposes.
Parkway.
The area between the edge of the designated street and the adjacent owner's property line.
Peddler, solicitor, or person.
Any individual, firm, company, partnership, corporation, association, trust, society, religious sect, organization, league, or other legal entity, and includes any trustee, receiver, assignee, agent, or similar representative.
Religious organization.
An organization that is dedicated to the support of a church, religious society, or any other religious sect, group, or order.
Sidewalk.
Any surface provided for the exclusive use of pedestrians.
Solicitation.
Conduct whereby a person or its agent, member, or representative solicits property, financial aid, money, or any article representing monetary value; or sells or offers to sell a product, article, tag, service, publication, ticket, advertisement, or subscription. Solicitation shall include persons engaged in the delivery of handbills or circulars door to door for the solicitation of money, products, services or other items of pecuniary value.
Street.
The portion of the street that is paved, designated, or used for vehicular traffic, and all areas dedicated to public use for public street purposes, which includes parkways, alleys, and sidewalks.
Traffic island.
A barrier within a street or roadway to exclude vehicles, designated for the purpose of separating or directing streams of vehicular traffic.
(1999 Code, sec. 66-2)
Any person violating any of the provisions or terms of this article shall be deemed guilty of a misdemeanor and, upon conviction, be punished by a fine not to exceed the sum of $500.00 for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. Allegation and evidence of a culpable mental state is not required for proof of any offense defined by this article.
(1999 Code, sec. 66-7)
(a) 
It shall be unlawful for any person to peddle, solicit, hawk, sell or take orders for or offer to take orders for any item or service in the following places in the city:
(1) 
On any public street or alley or traffic island; or
(2) 
Any residence which shall exhibit in a conspicuous place upon or near the main entrance to the residence [a sign] containing the words "NO SOLICITORS." The letters shall be not less than two-thirds of an inch in height and should be displayed on a weatherproof card not less than three inches by four inches in size.
(b) 
It shall be unlawful for any person to block or obstruct or hinder the free flow of traffic in the lawful use of the street or free passage of pedestrians in the lawful use of the sidewalk. No solicitations, sales, or distribution of merchandise, products, or service shall be offered or made to occupants of motor vehicles moving or stopped in traffic on a public street or alley.
(c) 
It shall be unlawful for a person engaged in solicitation to:
(1) 
Misrepresent the purpose of the solicitation;
(2) 
Misrepresent the affiliation of those engaged in the solicitation;
(3) 
Continue efforts to solicit from an individual once that individual informs the solicitor that he does not wish to give anything to or buy anything from that solicitor;
(4) 
Represent the issuance of any permit or registration under this article as an endorsement or recommendation of the solicitation;
(5) 
Go on property upon which the owner of the property or the person controlling the property has posted signs prohibiting solicitation; or
(6) 
Remain on property after the property owner, or the property owner's designee, representative or agent, has instructed the solicitor to leave.
(d) 
No solicitor, or person working on his or her behalf, shall shout, make an outcry, blow a horn or whistle, or use any sound device, including any sound-amplifying system, upon any of the streets, avenues, alleys, parks or other public places of the city, or otherwise be in violation of the city's noise ordinance.
(e) 
No person shall engage in solicitation through the delivery of handbills or circulars by placing said handbills or circulars on motor vehicles, public utility posts, or other location such that the same constitutes littering under V.T.C.A., Health and Safety Code ch. 365.
(f) 
It shall be unlawful for any person to use children 14 years of age or younger for solicitation activities, unless otherwise expressly permitted herein, unless such children are actively supervised by a parent, guardian or other adult person at least 18 years of age who is registered as provided herein. For purposes of this section, actively supervised means that the adult person shall be within 100 feet of all children 14 years of age or younger for whom the adult person is responsible at all times when the children are engaged in solicitation activities.
(1999 Code, sec. 66-4)
No person shall peddle. solicit, hawk, sell or take orders for or offer to take orders for any item or service at a private residence earlier than 9:00 a.m. or later than 7:00 p.m., Central Time, when Standard Time is in effect, and no later than 8:00 p.m. Central Time, when Daylight Savings Time is in effect, on any Monday through Saturday, unless the transaction is the result of a request made to such person by the occupant of such private residence. There shall be no solicitations on January 1st, July 4th, the fourth Monday in May, the 1st Monday in September, the fourth Thursday of November, December 25th, or on any Sunday.
(Ordinance 2018-1242 adopted 2/27/18)
(a) 
The merchant, peddler, or seller shall provide to the consumer in writing the right to cancel a solicitation transaction made in person or by telephone in which the consideration exceeds $5.00, until midnight of the third business day after the day on which the consumer signs an agreement or offer to purchase in a solicitation transaction. For purposes of a telephone solicitation, date of transaction means the day that the consumer receives the goods, services, or realty purchased in a solicitation transaction.
(b) 
If the consumer chooses to cancel the solicitation transaction, notification by mail shall be considered given at the time mailed as evidenced by the postmark, notification by telegram shall be considered given at the time filed for transmission, and notification by any other writing shall be considered given at the time delivered to the merchant's designated place of business.
(c) 
It shall be unlawful for a merchant, peddler, or seller to refuse to allow the customer to cancel the solicitation transaction.
(d) 
Cancellations authorized and the procedure and notice requirements set forth in V.T.C.A., Business and Commerce Code ch. 601, as it may be amended, are applicable to this section, for transactions applicable thereunder.
(1999 Code, sec. 66-6)
[1]
Editor's note–Former section 6.03.054 pertaining to bonds and deriving from the 1999 Code, sec. 66-3(n), was repealed and deleted in its entirety by Ordinance 2018-1242, sec. 3, adopted 2/27/18.
(a) 
It shall be unlawful for any person to peddle, sell, solicit, canvass, or take orders for any services, wares, merchandise, or goods, or any article of value, including plants, flowers, paintings, novelties, painting house numbers on streets, firewood, books, magazines, photographs, or any articles for future delivery, on a sidewalk, parking lot or parkway within the city or from door to door, without having first obtained a permit therefor from the city.
(b) 
Each person engaged in peddling or soliciting or selling as defined in subsection (a) above must have a permit issued under the terms of this division, and such permit shall be personal to the applicant and shall not be reproduced nor assigned nor transferred to any other person. Any such attempted transfer or reproduction shall render the permit void.
(c) 
Each permit shall expire as of the date noted thereon, which date shall be in accordance with the provisions of this article, and such permit shall indicate the hours when peddling, solicitation and selling within the city is permitted in accordance with the provisions of this article.
(d) 
A permit shall not be issued to any person under 14 years of age.
(e) 
Solicitation shall be deemed completed when made, regardless of whether the person making the solicitation receives any contribution or makes any sale.
(1999 Code, sec. 66-3(a))
Each application for a permit required by this division shall be in writing, under oath, notarized, and shall set out the following:
(1) 
Name of the applicant, with his permanent residence;
(2) 
Name and address of the firm or persons he represents;
(3) 
Name and address of each person to solicit under the permit;
(4) 
The kind, type and character of goods or services he proposes to offer for sale, including the name brand, manufacturer and distributor of goods and commodities and the name, publisher and distributor of all books, magazines or periodicals to be offered for sale;
(5) 
Names and addresses of five persons as references, excluding relatives and persons living with the applicant;
(6) 
How often the applicant will solicit during the year;
(7) 
The names of any cities where the applicant has worked within the previous 30 days;
(8) 
Whether the applicant, or any solicitor listed in the application, has ever been convicted of a felony or a misdemeanor involving moral turpitude;
(9) 
State driver's license number or a state-approved identification card number of the applicant and each solicitor;
(10) 
Social security number of the applicant and each solicitor.
(1999 Code, sec. 66-3(b))
In addition, there shall be attached to each application for a permit the following:
(1) 
Two recent photographic likenesses of the applicant's face, and any solicitor soliciting under said permit, which photographs shall not exceed one inch square in size.
(2) 
A certificate or letter from the president, vice-president, general manager, sales manager, assistant sales manager or district or area manager of the company for which the applicant works, sells or solicits, stating that the applicant is an employee and/or agent of such company.
(3) 
A reference to a recognized financial rating publication, which reference shall show the page on which the company's or firm's financial standing can be found; or a letter or a certificate from an association or organization which has as its purpose the protection of citizens of the United States against illegal or unsavory business practices stating that the firm or company is a member in good standing of such association or organization.
(4) 
In the event that the applicant is an individual who is not canvassing, selling or soliciting for any firm or company, letters of recommendation from two citizens of the applicant's permanent residence shall be submitted.
(1999 Code, sec. 66-3(c))
The application shall be accompanied by a $200.00 fee for the original solicitor or applicant, plus a $50.00 fee for each additional solicitor, for the investigation and administration of the provisions of this article.
(1999 Code, sec. 66-3(d))
It shall be the duty of the chief of police, or his authorized designee, to investigate each applicant, and all other persons listed on the application, before issuance of a permit, which investigation may include but is not necessarily limited to personal interviews with named individuals, criminal history checks, and verification of references and information contained within the application.
(1999 Code, sec. 66-3(e))
It shall be the duty of the chief of police or his authorized designee to issue or refuse to issue such permit not earlier than five days nor later than two weeks from the time the application is received by him. All the permits shall expire within 180 days from the date of issuance. The chief of police or his authorized designee may refuse to grant a permit if he discovers, during his investigation, that the applicant, or any solicitor, has committed fraud or misrepresentation, has been convicted of a felony or a misdemeanor involving moral turpitude, or has failed to furnish items required by this article in the permit application.
(Ordinance 2018-1242 adopted 2/27/18)
Each permit may be renewed once for an additional 90-day term. A renewal permit may be issued by submitting a completed renewal application to the city for review at least 15 days prior to the end of the original term. Additional solicitors may be added to the permit during the renewal process for a fee of $50.00 per additional solicitor. No renewal is available for any solicitor added during the renewal process. The renewal permit is subject to the same terms and conditions as the original application. The city shall have ten days to approve or deny the application for renewal. The renewal permit shall expire within 90 days from the end of the original term. At the end of the 180-day time period, the permit expires and a new permit must be reapplied for under the same terms and conditions as the original application and subject to the same fees.
(1999 Code, sec. 66-3(g))
It shall be unlawful for any person to sell or solicit in the city without displaying the permit required by this division on his person, in plain view, while engaged in such soliciting or selling.
(1999 Code, sec. 66-3(h))
Every solicitor or peddler or seller shall identify himself as a salesman upon approaching a citizen in a public place or at a private dwelling and explain his purpose, whether it be direct sales, solicitation or orders of the demonstration of goods or merchandise, or any combination of purposes thereof, and shall produce for inspection, upon request by any person, the solicitor's permit issued by this city.
(1999 Code, sec. 66-3(i))
The recipient of a permit or named applicant shall be responsible for the acts of his/her authorized representatives or solicitors listed in permit application in connection with solicitation activities. In this regard, the recipient of the permit shall actively supervise all persons listed in the permit application, which supervision shall include but not be limited to remaining within the corporate city limits during all solicitation activity and responding promptly (within ten minutes) to calls by city representatives relative to the solicitation activity, which may include responding to an on-site complaint from a citizen.
(1999 Code, sec. 66-3(j))
(a) 
If, after the permit required by this division has been issued, the chief of police, or his authorized designee, finds that the permit was obtained by false representation in the application, or the permit has been reproduced or transferred or assigned to another person or the applicant has led someone to believe the permit is an endorsement of the applicant's product or service by the city, or in the event of fraud or misrepresentation by the permit holder, or in the event of conviction of the permit holder of a felony or a misdemeanor involving moral turpitude, or in the event the permit holder has failed to furnish the items required by this article, such permit may be revoked by the chief of police or his authorized designee.
(b) 
If a police officer has probable cause to believe that a solicitor has engaged in prohibited conduct as defined by this article, the officer may revoke the permit of the permit holder.
(1999 Code, sec. 66-3(k))
Should an applicant be denied a permit, or have a permit revoked, he may appeal that action to the city manager by submitting a letter to the chief of police within ten days to complain of that action. A hearing of the denial will then be scheduled by the city manager within ten days of filing the appeal. The city manager will render a decision on the appeal within ten days of such hearing. A decision of the city manager shall be final and binding. No new application for a permit will be considered for six months after denial or revocation, unless said denial or revocation is without prejudice or is conditional and the conditions have been satisfied as determined by the city manager.
(1999 Code, sec. 66-3(l))
(a) 
The following persons engaged in the activities set out in subsections (1) through (3) below in the city shall first register with the chief of police by filling out a form to be promulgated by the chief of police in accordance with the provisions of this article and by furnishing proof that he is actually engaged in such activity in the city, and the chief of police shall issue to such person a registration certificate exempting him from the terms and conditions of this division and from paying a fee therefor, namely:
(1) 
Public utility companies or others operating under a franchise granted by the city;
(2) 
Commercial agents dealing with local business establishments in the usual course of business; and
(3) 
Insurance salesmen, real estate salesmen and others licensed by the state which are subject to financial disclosure under state or federal law.
Before engaging in any solicitation, the persons listed above must obtain a registration certificate from the chief of police and exhibit the same to any person who requests such identification. Children under the age of 14 may participate in such activities to the extent they are actively supervised by a parent, guardian or other adult person, at least 18 years of age, who is responsible for the well-being of the child, said responsible party also being identified on the registration certificate. It shall be a violation of this article for any person to fail to obtain such a registration certificate prior to engaging in solicitation and to fail to bring and exhibit the same upon request.
(b) 
Religious, political, or nonprofit organizations and their representatives are exempt from the registration and permit requirements of this article. A donation received from the distribution of handbills or pamphlets does not affect this exemption.
(1999 Code, sec. 66-3(m))