The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Peddler,
as used in this division, means 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, as well as the selling, offering for sale or taking or attempting to take orders for the sale of, goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or not or whether he is collecting advance payments on such sales or not; provided that such definition shall include any person who, for himself, or for another person, hires, leases, uses or occupies any building, structure, tent, railroad boxcar, boat, hotel room, lodging house, apartment, shop or any other place within this city for the sole purpose of exhibiting samples and taking orders for future delivery. The term “peddler” shall include the terms “canvasser,” “solicitor,” “transient or itinerant merchant or vendor” or “transient or itinerant photographer.”
(1973 Code, sec. 21-11; 1991 Code, sec. 22-26; 2007 Code, sec. 30-19)
The provisions of this division shall not apply to sales made to dealers by commercial travelers or sales agents in the usual course of business, nor to sales made under authority and by order of law, nor to vendors of farm or dairy products nor to itinerant religious solicitors.
(1973 Code, sec. 21-12; 1991 Code, sec. 22-27; 2007 Code, sec. 30-20)
(a) 
Any resident of the city may place or affix on the front of any residence, commercial business, home, or other place in the city, a sign or other sticker stating: “No Solicitation– Solicitors Not Allowed On Premises.”
(b) 
It shall be unlawful for any person to enter upon or in any way to request entry upon any residence, commercial business, home or other place in the city for the purpose of soliciting, selling, or taking orders for, or offering to sell, any goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines or other things where there shall have been previously posted a sign or sticker stating: “No Solicitation–Solicitors Not Allowed On Premises.”
(1973 Code, sec. 21-13; 1991 Code, sec. 22-28; 2007 Code, sec. 30-21)
It shall be unlawful for any peddler to engage in the business of peddling within the city between the hours of one-half hour before sunset and 9:00 a.m. the following morning, or at any time on Sundays, except by specific appointment with or invitation from the prospective customer.
(1973 Code, sec. 21-16; 1991 Code, sec. 22-29; 2007 Code, sec. 30-22)
(a) 
Solicitation of persons in vehicles.
Except as permitted by state law, it shall be unlawful for any person to peddle, sell, offer, or exhibit for sale any merchandise or service, whether for profit, for a charitable purpose or otherwise, to any person in a motor vehicle, truck, motorcycle or other vehicle while the vehicle is located within a public right-of-way.
(b) 
Solicitation in public right-of-way.
Except as permitted by state law, it shall be unlawful for any person to solicit funds, donations, contributions, employment, business or a ride, whether for profit, for a charitable purpose or otherwise, upon any public street, street right-of-way, median, traffic island, parkway, or other public right-of-way, excluding sidewalks designed for pedestrian use.
(c) 
Permission required.
It shall be unlawful for any person to peddle, sell, offer, or exhibit for sale any merchandise or service, whether for profit, for a charitable purpose or otherwise, on a public sidewalk or road without previous permission granted by the city manager, or his/her designee.
(d) 
Penalty.
Any person who shall willfully or intentionally violate this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount in accordance with the general penalty provided in section 1.01.009 of this code. Each day of violation shall constitute a separate offense.
(Ordinance 18-828, secs. 2, 6, adopted 9/13/18; 2007 Code, sec. 30-63; Ordinance adopting 2022 Code)
It shall be unlawful for any person to go from house to house or from place to place in the city, soliciting, selling or taking orders for or offering to sell or take orders for any goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines, or other things, without having first applied for and obtained a license from the city manager or designee.
(1973 Code, sec. 21-21; 1991 Code, sec. 22-46; 2007 Code, sec. 30-48; Ordinance adopting 2022 Code)
(a) 
The provisions of this part pertaining to licenses, license fees, and bonds shall not apply to persons engaged in interstate commerce as that term is herein defined; provided, however, that it shall be unlawful for any person engaged in interstate commerce to go from house to house or place to place in the city without having first registered with the city manager or designee, giving the following information:
(1) 
Name, date of birth, social security number, home address and local address, if any, of the applicant.
(2) 
Name and address of the person, if any, that he represents, or from whom or through whom orders are to be solicited or cleared.
(3) 
Nature of the articles or things which are to be sold, or for which orders are to be solicited.
(4) 
Whether the registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money in advance of final delivery.
(5) 
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, date of conviction and crime for which applicant was convicted.
(b) 
The term “interstate commerce” means soliciting, selling or taking orders for, or offering to take orders for, any goods, wares, merchandise, photographs, magazines or subscriptions to 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 this state, and shipped or introduced into the city in fulfillment of such orders.
(c) 
In the event the registrant states in such application that he represents a person for whom or through whom orders are to be solicited or cleared, then upon filing of such application, the registrant shall provide an affidavit in a form as hereinafter set out, signed by such person, in the event of a partnership, by one of the partners in such partnership, or in the event of a corporation, by an officer of the corporation, attesting to the application of such registrant as being true and correct and further attesting that such registrant is a bona fide representative and/or employee of such person. The form to be used is the form as hereinafter set out in section 5.05.064.
(1973 Code, sec. 21-22; 1991 Code, sec. 22-47; 2007 Code, sec. 30-49; Ordinance adopting 2022 Code)
(a) 
The provisions of this part pertaining to licenses, license fees and bonds shall not apply to any person going from house to house or from place to place in the city to sell or solicit orders for goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines or other things when such activity is for the sole, exclusive benefit of a nonprofit entity, and so long as the person engaged in such activity does not receive compensation in the form of a commission, salary or other monies paid to him for such activity; provided, however, that it shall be unlawful for any persons engaged in such selling for nonprofit corporations, nonprofit associations or other nonprofit entities to go from house to house or place to place in the city without having first registered with the city manager or designee, giving the following information:
(1) 
Name, date of birth, social security number, home address and local address, if any, of the applicant.
(2) 
Name and address of the person, if any, that he represents, or from whom or through whom orders are to be solicited or cleared.
(3) 
Nature of the articles or things which are to be sold, or for which orders are to be solicited.
(4) 
Whether the registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money in advance of final delivery.
(5) 
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, date of conviction and crime for which applicant was convicted.
(b) 
It shall not be necessary for each person going from house to house or place to place in the city as herein described to have first registered as herein provided, where there exists a recognized sales leader or other person in charge who may register herein one time for each group; however, it shall be necessary for such sales leader or person in charge to file with the city manager or designee the names of all such persons engaged in such activity, under the provisions of this section. The city manager may, in the event of an emergency or other circumstances in which he feels to be in the best interest of the health, safety and well-being of the citizens of the city, waive the requirements that the registrant file a list of the names of all such persons engaged in such activity under the provisions of this section.
(c) 
If a person claims exemption from the license fee as set out in section 5.05.069 as a nonprofit corporation, association or other nonprofit entity, then such person shall file with the city manager or designee an affidavit stating the full name of such corporation, association or other entity, the date it was first formed, the name of the president, chief officer or other principal, a description as to how such corporation, association or other entity has qualified as a nonprofit corporation, association or other entity, and a statement under oath wherein such registrant shall attest that he will not be the recipient, either directly or indirectly, of any profits, compensation or other things of value as payment for services rendered in making sales.
(1973 Code, sec. 21-23; 1991 Code, sec. 22-48; 2007 Code, sec. 30-50; Ordinance adopting 2022 Code)
(a) 
Required information.
Any person desiring to go from house to house or from place to place in the city, to sell or solicit orders for goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines, or other things, shall make written application to the city manager or designee for a license, which application shall give the following information:
(1) 
Name, date of birth, social security number, home address and local address, if any, of the applicant.
(2) 
Name and address of the person, if any, that he represents, or from whom or through whom orders are to be solicited or cleared.
(3) 
Nature of the articles or things which are to be sold, or for which orders are to be solicited.
(4) 
Whether the registrant, upon any sale or order, shall demand or receive or accept payment or deposit of money in advance of final delivery.
(5) 
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, date of conviction and crime for which applicant was convicted.
(6) 
A statement that the applicant has read V.T.C.A., Business and Commerce Code chapter 601, relative to state requirements of a purchaser’s right to receive notice of right to cancel purchase transactions, and proof that the applicant has in his possession the necessary forms to provide such notices to purchasers.
(b) 
Affidavit.
If the applicant states in such application that he represents a person for whom or through whom orders are to be solicited or cleared, upon the filing of such application, the applicant shall provide an affidavit in a form as hereinafter set out, signed by such person, or in the event of a partnership, by one of the partners in such partnership, or in the event of a corporation, by an officer of the corporation, attesting to the application of such applicant as being true and correct and further attesting that such applicant is a bona fide representative and/or employee of such person, partnership or corporation. The form to be used is as follows:
STATE OF __________
COUNTY OF __________
BEFORE ME, the undersigned authority, a Notary Public, on this day personally appeared the undersigned Affiant, who after being by me first duly sworn, on his oath deposed and said:
My name is __________. I am __________ (here, state Affiant is doing business individually, as a partner in a partnership or as an officer in a corporation). I state that I have read the application and/or registration form to which this Affidavit is attached, and I have personally reviewed the answers of the Applicant/Registrant therein provided, and I state that such information is true and correct.
I further state that Applicant/Registrant is authorized to represent and/or is employed by __________, for the purposes of soliciting or clearing orders in the City of Humble, Texas.
________________________
Affiant
SWORN TO AND SUBSCRIBED TO before me, this the __________ day of __________, 20_____.
________________________
Notary Public in and for __________ County, __________
(1973 Code, sec. 21-24; 1991 Code, sec. 22-49; 2007 Code, sec. 30-51; Ordinance adopting 2022 Code)
At the time of filing his application for a license required by this part, the applicant shall present his driver’s license, if he has one, to the city manager or designee.
(1973 Code, sec. 21-25; 1991 Code, sec. 22-50; 2007 Code, sec. 30-52; Ordinance adopting 2022 Code)
It shall be unlawful for any person to give any false or misleading information in connection with his application for a license required by this part.
(1973 Code, sec. 21-26; 1991 Code, sec. 22-51; 2007 Code, sec. 30-53)
Before any license shall be issued under this part, there shall also be filed with the city secretary an instrument in writing, signed by the applicant under oath, nominating and appointing the secretary of state his true and lawful agent, with full power and authority to acknowledge service of notice of process for and on the behalf of such applicant, and service of summons in any action brought upon the applicant’s bond shall be deemed made when served on the secretary of state.
(1973 Code, sec. 21-27; 1991 Code, sec. 22-52; 2007 Code, sec. 30-54)
The application for a license required by the provisions of this part shall be accompanied by a bond in the penal sum as currently established or as hereafter adopted by resolution of the city council from time to time, signed by the applicant, and signed as surety by a surety company authorized to do business in the state, conditioned for the final delivery of goods, wares, merchandise, services, photographs, magazines or other things in accordance with the terms of an order obtained prior to delivery, and also conditioned to indemnify any and all purchasers or customers from any and all defects in material or workmanship that may exist in the article sold by the principal of such bond, at the time of delivery, and that may be discovered by such purchaser or customer within 30 days after delivery, and which bond shall be for the use and benefit of all persons who may make any purchase or give any order to the principal on such bond, either directly or indirectly. It is further provided that any such person making application for a license required by this part, whether or not such person is acting individually or as an employee of another person, shall be required to submit, at the time the application is made, a bond naming such person as the principal, in the penal sum as herein provided. In the event one bond, bond form or one surety company shall be the surety for a number of applicants then the bond, bond form or undertaking shall clearly set out that the liability of the surety shall be for each applicant making application.
(1973 Code, sec. 21-28; 1991 Code, sec. 22-53; 2007 Code, sec. 30-55)
The fee for a license required by the provisions of this part shall be as currently established or as hereafter adopted by resolution of the city council from time to time; provided, however, that when any person engages in any activity mentioned in section 5.05.061 through one or more agents or employees, such person shall, in addition to such fee, pay a license fee as currently established or as hereafter adopted by resolution of the city council from time to time for each agent or employee so engaged. The fees herein provided for shall be used for the purposes of defraying expenses incident to the issuance of such licenses. However, nothing herein contained shall be construed or shall in any way waive the requirement of each applicant to adhere to the provisions of sections 5.05.064, 5.05.068 and 5.05.070.
(1973 Code, sec. 21-29; 1991 Code, sec. 22-54; 2007 Code, sec. 30-56)
(a) 
Within 20 days, exclusive of Saturdays, Sundays and legal holidays, after receipt of an application as herein provided for in section 5.05.064, or registration as herein provided for in section 5.05.062, any person may file objections in writing with the city manager, stating the grounds for such objections to the issuance of a license as provided for in section 5.05.061, or registration certificate as provided for in section 5.05.062, which shall include a full explanation for such objection.
(b) 
The city manager shall investigate such objections and shall also investigate the application of the applicant under section 5.05.064 or the registration certificate requested under section 5.05.062, and shall, within 25 days, exclusive of Saturdays, Sundays and legal holidays, either approve or disapprove the application or request for registration certificate. The city manager shall take into consideration in making such determination the health, safety and well-being of the citizens, and such other facts as shall properly come to his attention.
(c) 
In the event the city manager shall approve or disapprove the issuance of a license and/or registration certificate, then, within ten days, exclusive of Saturdays, Sundays and legal holidays, after the date of the decision of the city manager, any party aggrieved thereby shall have the right to appeal the same to the city council by giving notice of such appeal in writing to the city secretary. The city secretary shall, upon receipt of such notice, stay the issuance of any license and/or registration as herein provided, pending hearing by the city council, and place the same on the agenda of the city council for the next regular meeting of the city council.
(d) 
The city council shall hear such testimony and examine such facts and evidence as to the issuance of such license and/or registration certificate and shall approve or disapprove such issuance, taking into consideration the health, safety and well-being of the citizens of the city, and such other matters as shall properly come to their attention. The decision of the city council shall be final as to all matters determined herein and shall not be appealable.
(1973 Code, sec. 21-30; 1991 Code, sec. 22-55; 2007 Code, sec. 30-57)
The city manager or designee shall keep a permanent record of all licenses issued under this part.
(1973 Code, sec. 21-31; 1991 Code, sec. 22-56; 2007 Code, sec. 30-58; Ordinance adopting 2022 Code)
Every license issued under the provisions of this part shall be valid for a period of time not exceeding six months from the date of its issuance.
(1973 Code, sec. 21-32; 1991 Code, sec. 22-57; 2007 Code, sec. 30-59)
Every peddler having a license issued under the provisions of this part and doing business within the city shall display his license upon the request of any person.
(1973 Code, sec. 21-33; 1991 Code, sec. 22-58; 2007 Code, sec. 30-60)
It shall be unlawful for any person holding any license or other authority granted under this part to advertise in any manner whatsoever that such person is the holder of such license or authority for the purposes of soliciting the sale of any goods, wares, merchandise, services, photographs, magazines, subscriptions to magazines or other things.
(1973 Code, sec. 21-34; 1991 Code, sec. 22-59; 2007 Code, sec. 30-61)
(a) 
Pursuant to V.T.C.A., Occupations Code chapter 53, any person shall be subject to suspension or revocation of any license or authority of any nature whatsoever granted under this part. Upon a complaint being filed by any person with the city clerk of such violations, the city manager shall, within 15 days of the date of the receipt of such complaint, hold a hearing to hear all evidence with reference to such complaint. The city manager shall, within ten days of the date of the conclusion of such hearing, enter an order either dismissing the complaint, suspending or revoking the license or such other authority as granted hereunder.
(b) 
In the event the city manager shall either suspend or revoke any license or other authority of any nature granted hereunder, the holder of such license or authority may, upon giving notice within ten days of the date of such order entered by the city manager, have the right of appeal to the city council. The city council shall hear all evidence and shall either sustain or reverse the suspension and/or revocation made by the city manager. If no appeal is taken from the action of the city manager within ten days, as set out herein, then the decision of the city manager shall, in all things, be final and binding.
(1973 Code, sec. 21-35; 1991 Code, sec. 22-60; 2007 Code, sec. 30-62)