Any individual, whether a resident of this city or not, traveling
by foot, wagon, automobile, motor truck of any other type of conveyance,
from place to place, from house to house, or from street to street,
for the promotion of political or religious ideas, usually through
handbills, questionnaires, and verbal messages, but who does not ask
for donations.
Soliciting, selling, taking orders for, or offering to take
orders for any goods, wares, merchandise, photographs, magazines,
or things which, at the time the order is taken, are in any federal
district or territory, any commonwealth, or in any state other than
Texas and shipped or introduced into the city in fulfillment of such
orders.
Any individual, whether a resident of this city or not, who
offers for sale food, beverages, goods, merchandise, delivery, or
services to be performed immediately or in the future, from a certain
location which is not within a building or structure for which a certificate
of occupancy is required by the city. This term shall not apply to
businesses that operate from within a building or structure within
the city for which a certificate of occupancy is required but which
display or sell food, beverages, goods, or merchandise outside the
building or structure. The term shall include itinerant merchant.
Any vehicle used for displaying, storing, or transporting
of articles for sale by a itinerant vendor which is required to be
licensed and registered by the state department of motor vehicles.
The term is to include trailers, trucks, and automobiles.
Any individual, whether a resident of this city or not, traveling
by foot, wagon, automobile, motor truck or any other type of conveyance,
from place to place, from house to house, or from street to street,
for the sale of goods, wares and merchandise, personal property of
any nature whatsoever for future or immediate delivery, or for services
to be performed immediately or in the future, whether or not such
individual has, carries or exposes for sale a sample of the subject
of such sale or whether he or she is collecting advance payments on
such sales. The word “peddler” shall include the [term] “solicitor”
but not the term “canvasser.” The word “peddler”
shall not include individuals traveling to businesses, houses, or
places at the invitation of the resident or owner.
All areas legally open to public use, such as public streets,
sidewalks, roadways, highways, parkways, alleys, parks, as well as
the interior and areas surrounding public buildings.
Any occasion including, but not limited to, fairs, shows,
exhibitions, city-wide celebrations, festivals, etc., within a specifically
defined area of the city for a period of time established by the council.
Any newsstand, table, bench, booth, rack, handcart, pushcart,
vehicle or any other fixture or device used for the display or storage
of articles offered for sale by an itinerant vendor or peddler. Such
stands must be located at least ten (10) feet away from all property
lines adjacent to a street. All stands must be removed from the property
on which business is conducted each day.
(Ordinance O-26-10 adopted 10/18/10)
It shall be unlawful for any peddler or itinerant vendor to
go to a residence, business, or commercial establishment for the purpose
of taking orders or the selling of merchandise or services if the
establishment has posted a sign which states “No Soliciting.”
This warning must be displayed prominently at the main entrance to
the residence or business.
(Ordinance O-26-10 adopted 10/18/10)
It shall be unlawful for any peddler or itinerant vendor to
engage in business within the city without having obtained and presented
a sales tax permit issued by the state.
(Ordinance O-26-10 adopted 10/18/10)
The following are exempt from having to present a sales tax
permit:
(1)
Farmers
who sell agricultural products that were raised or grown by them.
(2)
Nonprofit
organizations.
(3)
Any
other business or activity exempt by the state comptroller from collecting
a state sales tax.
(Ordinance O-26-10 adopted 10/18/10)
It shall be unlawful for any peddler or itinerant vendor to
solicit or to engage in business within the city without first obtaining
a permit from the police chief or designee as provided in this article.
(Ordinance O-26-10 adopted 10/18/10)
The following are excluded from permitting provisions:
(1)
Newspaper
carriers.
(2)
Farmers
who sell agricultural products that were raised or grown by them when
located within a public way and [at]a time designated by the city
manager.
(3)
Peddlers
and itinerant vendors operating within a designated public way in
connection with a special event approved by the city manager and appropriate
body organizing and implementing the special event.
(4)
Religious
proselytizing.
(5)
Individuals
advocating for or against a political party, candidate, or ballot
measure.
(6)
Ordinary
commercial travelers who sell or exhibit for sale goods or services
to local firms or businesses and not to residences.
(7)
Insurance
salesmen, real estate salesmen, and other professionals licensed by
the state, except that insurance salesmen shall personally solicit
only at the specific request of the owner or occupant of the business
or residence at which the solicitation is being made.
(Ordinance O-26-10 adopted 10/18/10)
Any peddler or itinerant vendor desiring to engage in business
within the city must file a written application for permit with the
police chief or his/her designee, and which shall provide the following
information:
(2)
If
the applicant is peddling or making solicitations for any commercial,
charitable or political organization, the name, telephone number and
address of such organization.
(3)
Full
and complete list of goods or services to be sold.
(4)
If
different than or in addition to the applicant, for each individual
involved as a peddler or itinerant vendor: name, telephone number,
address, birthdate, physical description, and either:
(5)
Description
(year, make, type) and license plate number and state of all motor
vehicles to be used in soliciting and peddling.
(6)
A
statement that the applicant has not been convicted of any felonies
of any nature or any other crimes of moral turpitude in this state
or any other state; and, if having been so convicted, a full statement
as to the place of conviction and crime for which the applicant was
convicted.
(7)
Itinerant
vendors, except for special events, shall provide the following additional
information:
(A)
A letter from the owner of the property on which the itinerant vendor
intends to conduct business stating that the itinerant vendor has
permission to operate at that location.
(B)
A site plan of the subject property indicating where the itinerant
vendor will be located in relation to the adjacent right-of-way, adjacent
buildings, and the location of two (2) nine- by eighteen-foot (9'
x 18') on-site parking spaces with a twenty-foot backup lane. (Itinerant
vendors should note that the location of their business will not be
allowed if it results in a reduction in the number of parking spaces
serving an existing business below that required by city ordinances.)
(Ordinance O-26-10 adopted 10/18/10)
A nonrefundable application fee for a peddler/itinerant merchant
permit in the amount of $50.00 shall be paid upon application for
such permit, provided, however, when any person, firm, company, partnership,
corporation or association acts through one or more agents or employees,
such person, firm, company, partnership, corporation or association
shall, in addition to such $50.00 fee, pay an application fee of $25.00
for each agent or employee so engaged.
(Ordinance O-26-10 adopted 10/18/10)
The following are exempt from the permit fee:
(1)
Any
individual soliciting or peddling for a philanthropic, charitable,
political or religious organization provided such activity is for
the sole exclusive benefit of that organization and so long as the
person engaging in such activity does not receive compensation in
the form of a commission, salary, or other monies paid to him for
such activity.
(Ordinance O-26-10 adopted 10/18/10)
A copy of the application for permit will be referred to the
chief of police who will undertake an investigation of the applicant’s
record and background such as shall be reasonably necessary to protect
the public. An applicant for permit under this article may be reasonably
denied if he or she is currently wanted on a warrant for arrest, or
if the applicant has been convicted of a felony involving theft, fraud,
bribery, perjury, or any proof is developed that false information
was presented for purposes of permit issuance.
(Ordinance O-26-10 adopted 10/18/10)
(a)
If
the chief of police or designee finds that all of the conditions precedent
to the issuance of an itinerant vendor permit have been met and the
applicant is qualified to receive a peddler and itinerant vendor permit,
the police chief or designee shall issue the permit. Said determination
shall be made within a reasonable time of the filing of the application
or registration information, but in no case shall such time be longer
than 10 business days. Permits will be issued for a period of up to
one year, ending on December 31 of the same year. Renewal permits
shall be issued for a period of one year beginning on January 1 and
ending on December 31 of the same year.
(b)
Any
changes to agents or itinerant vendors must be submitted as an addendum
to the original application and subject to the same permit fees and
investigation. Failure to register new agents will be grounds for
cancellation of the permit.
(Ordinance O-26-10 adopted 10/18/10)
(a)
Upon
issuance of a permit, the city shall also issue a badge or other identification
to the permit holder.
(b)
All
permit holders shall keep such badge or identification plainly visible
on their person while engaging in any solicitation or itinerant vending,
or any other activity which would require the issuance of a permit
under this article. Such badge or identification must be clearly displayed
so that individuals will know that the solicitor is complying with
this article.
(c)
It
shall be unlawful for any permit holder to fail to clearly and visibly
display such badge or city-issued identification while the permit
holder is engaged in solicitation or itinerant vending, or any other
activity which would require the issuance of a permit under this article.
(Ordinance O-26-10 adopted 10/18/10)
(a)
Solicitors
requiring cash deposits or payment for future delivery or who require
a contract of agreement to finance the sale of goods or services for
future delivery, or for services to be performed in the future, shall
furnish to the city a bond with the application in the amount listed
below. This bond is to be signed by the applicant and a surety company
authorized to do business in the state, conditioned:
(1)
For the final delivery of goods or services in accordance with the
terms or [of] any order obtained;
(2)
To indemnify purchasers for defects in material or workmanship that
may exist in the goods sold and that are discovered within 30 days
after delivery; and
(3)
For the use and benefit of persons, firms, or corporations that may
make a purchase or give an order to the principal of the bond or to
the agent or employee of the principal of the bond.
(b)
If
the applicant is a person, firm, or corporation engaging in solicitation
activities through one or more agents or employees, only one bond
is required for the activities of all the agents or employee solicitors.
(c)
The
required bond amount shall be calculated based upon the total estimated
amount that the permit holder will collect in cash deposits and other
payments for the duration of the permit. This estimated amount must
be provided by the permit holder, with supporting documentation. The
amount of the required bond shall be 25% of the total estimated amount
of cash deposits and other payments the permit holder anticipates
that he or she will collect during the duration of the permit. In
the event that the permit holder does not have sufficient supporting
documentation to justify their proposed bond amount, the city may
require a bond amount satisfactory to the city.
(Ordinance O-26-10 adopted 10/18/10)
After the registration provided for in this article has been
issued, the police chief of the city or his/her duly authorized representative
may revoke such registration if it is found that:
(1)
The
registration was obtained by false representation;
(2)
The
holder of the registration has violated any ordinance of the city,
or any law of the state in connection with any soliciting by such
holder or in connection with the collecting or attempted collection
of any account due to such registration holder or his employer or
in connection with the repossession or attempted repossession of goods
sold;
(3)
The
holder of the registration is convicted of a felony, misdemeanor,
or ordinance violation involving a sexual offense, assault, possession
or sale of a controlled substance, or any violent act against person
or property. Also any judgment based upon or conviction for fraud,
deceit, or misrepresentation or involving moral turpitude; or
(4)
If
the holder of registration has endangered the health or safety of
a citizen of the city.
(Ordinance O-26-10 adopted 10/18/10)
Upon application by a permit holder, a current permit may be
renewed for a one-year period, beginning on January 1, and ending
on December 31 of the same year. The requirements for receiving a
permit renewal are the same as the requirements for an initial permit.
Renewal fees shall be the same as the permit fees stated above. Renewal
record and background checks will be performed at the discretion of
the chief of police.
(Ordinance O-26-10 adopted 10/18/10)
If the applicant for a permit under this article or the holder
of such permit is dissatisfied with any holding or finding of the
police chief, he or she shall have the right to appeal to the city
manager by filing a written notice of such appeal with the city secretary
within ten (10) days from the making and filing of such decision of
the police chief. Upon filing of such notice of appeal, the application
for the permit and all papers possessed by the police chief in connection
with such application and such permit shall be delivered to the city
manager. And such matter as may be in controversy shall be heard by
the city manager within ten working days after the filing of the notice
of appeal.
(Ordinance O-26-10 adopted 10/18/10)
Unless otherwise permitted or exempted by section 4.04.04, 4.04.006,
or 4.04.016, it shall be unlawful for any peddler or itinerant vendor
to engage in business within any public way within the city.
(Ordinance O-26-10 adopted 10/18/10)
(a)
Itinerant
vendors may locate within a designated public way in connection with
a special event approved by the city manager and the appropriate body
organizing and implementing the special event.
(b)
Farmers
may sell agricultural products that were raised or grown by them within
a public way at a time designated by the city manager.
(c)
Permitted
or exempted peddlers may utilize streets and roads to travel from
house to house or place to place in pursuit of their business.
(Ordinance O-26-10 adopted 10/18/10)
It shall be unlawful for any peddler or itinerant vendor to
vend, sell, or solicit at a private residence at any time other than
between the hours of 8:00 a.m. to 9:00 p.m., or such other hours posted
by the occupant unless a prior invitation from the occupant has been
received.
(Ordinance O-26-10 adopted 10/18/10)
In addition to the other regulations contained herein, a solicitor
or canvasser leaving handbills or commercial flyers in the city shall
observe the following regulations:
(1)
No
handbill or flyer shall be left at, or attached to any sign, utility
pole, transit shelter or other structure within the public right-of-way.
The police are authorized to remove any handbill or flyer found within
the right-of-way.
(2)
No
handbill or flyer shall be left at, or attached to any privately owned
property in a manner that causes damage to such privately owned property.
(3)
No
handbill or flyer shall be left at, or attached to any of the property
having a “no solicitors” sign.
(4)
Any
person observed distributing handbills or flyers shall be required
to identify himself/herself to the police (either by producing a license
or other form of identification). This is for the purpose of knowing
the likely identity of the perpetrator if the city receives a complaint
of damage caused to private property during the distribution of handbills
or flyers.
(Ordinance O-26-10 adopted 10/18/10)
Any person, firm, or corporation violating any provision of
this article or failing to observe any provisions hereof shall be
deemed guilty of a misdemeanor and upon conviction shall be fined
not less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00) and each day or fraction of a day during which this
article or any part thereof is further violated shall be deemed a
separate offense and punishable as such.
(Ordinance O-26-10 adopted 10/18/10)
